Dispute Settlement under the Rome Statute of the International Criminal Court: Article 119 and the Possible Role of the International Court of Justice

AbstractThis paper proposes a framework under which the ICC should exercise jurisdiction over the crime of aggression, in view of the much anticipated and impending Review Conference of the Rome Statute. In this context, it examines the potential interaction between the UN Security Council, the International Criminal Court and the International Court of Justice, in an eventual prosecutorial regime for the crime of aggression. The paper's underlying premise rests on the vindication of an international rule of law, so often dismissed in international relations.

Download Full-text

Interim Measures in the Practice of the International Court of Justice and the International Criminal Court

Provisional Measures Issued by International Courts and Tribunals ◽

10.1007/978-94-6265-411-2_8 ◽

2020 ◽

pp. 147-170

Author(s):

Péter Kovács

Keyword(s):

International Criminal Court ◽

International Criminal ◽

Criminal Court ◽

International Court Of Justice ◽

Court Of Justice ◽

International Court ◽

Interim Measures

Download Full-text

The Situation in the People's Republic of Bangladesh/Republic of the Union of Myanmar Decision to Authorize Investigation (I.C.C.) and the Gambia V. Myanmar Order for Provisional Measures (I.C.J.)

International Legal Materials ◽

10.1017/ilm.2020.28 ◽

2020 ◽

Vol 59 (4) ◽

pp. 616-693

Author(s):

Alessandra Spadaro

Keyword(s):

International Criminal Court ◽

International Criminal ◽

Criminal Court ◽

The Gambia ◽

International Court Of Justice ◽

Preliminary Stage ◽

Court Of Justice ◽

International Court ◽

First Time

For the first time, the International Court of Justice (ICJ) and the International Criminal Court (ICC) are dealing concurrently with the same set of events, which concern the violence to which those in the group that self-identifies as the Rohingya have been subjected in Myanmar, and that has prompted their mass exodus to Bangladesh. Before both courts, proceedings are at a preliminary stage.

Download Full-text

RETURN TO SENDER: LET THE INTERNATIONAL COURT OF JUSTICE JUSTIFY OR QUALIFY INTERNATIONAL-CRIMINAL-COURT EXCEPTIONALISM REGARDING PERSONAL IMMUNITIES

The Cambridge Law Journal ◽

10.1017/s0008197319000734 ◽

2019 ◽

Vol 78 (3) ◽

pp. 596-611

Author(s):

Sarah M.H. Nouwen

Keyword(s):

International Law ◽

International Criminal Court ◽

International Criminal ◽

Case Law ◽

Criminal Court ◽

Advisory Opinion ◽

Criminal Courts ◽

International Court Of Justice ◽

Court Of Justice ◽

International Court

AbstractThis article argues that it is important for the International Court of Justice to be given an opportunity, for instance through a request for an Advisory Opinion, to explain what exactly it meant when it suggested that the ordinarily applicable international law on immunities need not be an obstacle “before certain international criminal courts, where they have jurisdiction”. Two international criminal courts have built a structure of case law on this one obiter comment, which it seems unable to support.

Download Full-text

Rethinking Aggression as a Crime and Formulating Its Elements: The Final Work-Product of the Preparatory Commission for the International Criminal Court

Leiden Journal of International Law ◽

10.1017/s0922156502000389 ◽

2002 ◽

Vol 15 (4) ◽

pp. 859-890 ◽

Cited By ~ 7

Author(s):

Roger S. Clark

Keyword(s):

Security Council ◽

International Criminal Court ◽

International Criminal ◽

Criminal Court ◽

General Assembly ◽

The Political ◽

International Court Of Justice ◽

Court Of Justice ◽

International Court ◽

Final Work

The crime of aggression will be included within the jurisdiction of the International Criminal Court once agreement is reached on its definition and the conditions for exercising jurisdiction. The author discusses the ultimately unsuccessful efforts of the now concluded Preparatory Commission for the Court to complete the drafting. He suggests how the mental and material elements of the offense might be structured consistently with other offenses in the Statute of the Court. Probably the biggest intellectual hurdle is that of “conditions.” A number of states, notably the Permanent Members of the Security Council, insist that there must be a predetermination of an act of aggression by a state made by the Security Council. Others believe that the predetermination can be made by the General Assembly or the International Court of Justice. Yet others claim that all decisions must be made by the International Criminal Court. The political choice between these positions has still to be made.

Download Full-text

INDIVIDUAL AND COLLECTIVE INTENT IN THE CRIME OF GENOCIDE (ON THE EXAMPLE OF THE HOLODOMOR-GENOCIDE AGAINST THE UKRAINIAN NATION)

ACTUAL PROBLEMS OF INTERNATIONAL RELATIONS ◽

10.17721/apmv.2020.145.1.54-61 ◽

2020 ◽

pp. 54-64

Author(s):

M. Antonovych

Keyword(s):

International Criminal Court ◽

International Criminal ◽

International Criminal Tribunal ◽

Criminal Court ◽

Racial Group ◽

International Court Of Justice ◽

International Criminal Tribunals ◽

Court Of Justice ◽

International Court ◽

Definition Of

The article deals with the definition of the concept of intent to commit genocide in the Statute of the International Criminal Court, in the document “Elements of Crimes” adopted by the International Criminal Court, as well as in decisions of the International Criminal Tribunal for the Former Yugoslavia, International Criminal Tribunal for Rwanda, International Criminal Court and in practice of the International Court of Justice. The author reveals constitutive elements of the concept of intent to commit genocide: intent to be engaged in the conduct which would cause destructive consequences for a national, ethnic, religious or racial group as such; intent to reach these consequences; or awareness that they will occur as a result of this conduct in the ordinary course of events. The author indicates slightly different approaches of the international criminal tribunals and courts to knowledge of the consequences as a result of destruction of a group. It is stated that the intent should not necessarily be fixed in documents or formulated in public oral speeches, but may also be certified by facts and circumstances of a crime. The author analyzes different circumstances which may evidence the intent to commit genocide. Special attention is paid to differentiation between individual and collective intent to commit genocide. The author examines the intent to commit genocide in the Holodomor organized against the Ukrainian national and ethnic group.

Download Full-text

Custom as a Source Under Article 21 of the Rome Statute

Asian Journal of International Law ◽

10.1017/s2044251321000205 ◽

2021 ◽

pp. 1-13

Author(s):

Amit KUMAR

Keyword(s):

Criminal Law ◽

Rome Statute ◽

Ad Hoc ◽

International Criminal ◽

International Criminal Law ◽

International Court Of Justice ◽

Court Of Justice ◽

International Court ◽

The Icj ◽

Principle Of Legality

Abstract The adoption of the Rome Statute is a significant moment for international criminal law. Before its formulation, the criminal law was governed by the sources mentioned in their statute or Article 38 of the Statute of the International Court of Justice [ICJ Statute]. Custom is one of the important sources within the ICJ Statute. The ad hoc tribunals applied custom and even formulated certain customs. The formulation of custom is considered as against the principle of legality. To avoid such criticism, the State Parties inserted Article 21 in the Rome Statute. The provision clarifies the law which the court can apply. The parties chose not to include custom explicitly. However, the wordings of the provision indicate that the custom is still a source for the court. Apart from the wording of Article 21, other provisions of the Statute give ample scope for the application of custom.

Download Full-text