The Amendments to the Regulations of the Court

2019 ◽  
Vol 17 (3) ◽  
pp. 495-505
Author(s):  
Eleni Chaitidou
Keyword(s):  
United Nations ◽  
Security Council ◽  
International Criminal Court ◽  
International Criminal ◽  
Trial Chamber ◽  
Criminal Court ◽  
United Nations Security Council ◽  
State Party ◽  
The United Nations

Abstract This article presents and critically discusses the amendments to the Regulations of the International Criminal Court that entered into force in November 2018. The amendments concern the procedural requirements to start an investigation regarding the crime of aggression when a situation has been referred to the Court by a State Party or when the Prosecutor intends to open an investigation proprio motu. In these cases, the Prosecutor must notify the United Nations Security Council and enquire whether it intends to make a determination of an act of aggression. If the Security Council does not make such a determination, the Prosecutor must request the Pre-Trial Chamber to authorize the commencement of the investigation. The amended Regulations aim to ensure that the judges are prepared to entertain such a request relating to the crime of aggression.

scholarly journals The African Union, the United Nations Security Council and the Politicisation of International Justice in Africa

2014 ◽  
Vol 7 (3) ◽  
pp. 351-379 ◽  
Author(s):  
Benson Chinedu Olugbuo
Keyword(s):  
United Nations ◽  
Security Council ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
United Nations Security Council ◽  
African Union ◽  
African Countries ◽  
The United Nations ◽  
The Relationship

There are two questions with multiple answers regarding the relationship between Africa and the International Criminal Court. The first is whether the International Criminal Court is targeting Africa and the second is if politics plays any role in the decision to investigate and prosecute crimes within the jurisdiction of the International Criminal Court. For the African Union, the International Criminal Court has become a western court targeting weak African countries and ignoring the atrocities committed by big powers including permanent members of the United Nations Security Council. The accusation by the African Union against the International Criminal Court leads to the argument that the International Criminal Court is currently politised. This is a charge consistently denied by the prosecutor of the International Criminal Court. The aim of this paper is to discuss the relationship between the United Nations Security Council, the International Criminal Court and the African Union. It articulates the role of the three institutions in the fight against impunity and the maintenance of international peace and security with reference to the African continent. The paper argues that complementarity should be applied to regional organisations and that the relationship between the African Union and the International Criminal Court should be guided by the application of positive complementarity and a nuanced approach to the interests of justice. This offers the International Criminal Court and the African Union an opportunity to develop mutual trust and result-oriented strategies to confront the impunity on the continent. The paper further argues that the power of the United Nations Security Council to refer situations to the International Criminal Court and defer cases before the Court is a primary source of the disagreement between the prosecutor and the African Union and recommends a division of labour between the International Criminal Court and the United Nations Security Council.

A Tale of Two Institutions: The United Nations Security Council and the International Criminal Court

2013 ◽  
Vol 13 (1) ◽  
pp. 147-168 ◽  
Author(s):  
Rosa Aloisi
Keyword(s):  
United Nations ◽  
Security Council ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
United Nations Security Council ◽  
The Political ◽  
Political Independence ◽  
The United Nations ◽  
The Relationship

The International Criminal Court (ICC) is a judicial body that has been created as a politically independent judicial institution to prosecute the most serious international crimes. However, the political independence of the Court has been questioned considerably in the past decade because of the relationship between the United Nations Security Council (UNSC), which has the power to refer or defer situations to the Court, and the ICC. In this work, I argue that in analyzing the relationship between the UNSC and ICC it is evident that clashing political and judicial interests have done a disservice to the implementation of international justice. I will focus on the two instances of referrals so far approved by the UNSC and highlight some of the political aspects that seem to be hindering and delaying, in spite of international pressures for UNSC attention, a referral of the situation in Syria.

Part 2 Jurisdiction, Admissibility, and Applicable Law: Compétence, Recevabilité, Et Droit Applicable, Art.13 Exercise of jurisdiction/Exercice de la compétence

2016 ◽  
Author(s):  
Schabas William A
Keyword(s):  
United Nations ◽  
Security Council ◽  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Criminal Court ◽  
United Nations Security Council ◽  
State Party ◽  
Applicable Law ◽  
The Law

This chapter comments on Article 13 of the Rome Statute of the International Criminal Court. Article 13 is the first of three provisions in the Rome Statute on the ‘triggering’ of the jurisdiction. Once it is established that the Court has jurisdiction, a ‘situation’ must be triggered by one of the three mechanisms set out in article 13. The law applicable to referral by a State Party, which is authorized by article 13(a), is thoroughly addressed in article 14 of the Rome Statute. Similarly, the law concerning proprio motu initiation of proceedings by the Prosecutor is dealt with in article 15. As a result, the present analysis focuses on article 13(b), which establishes the authority of the United Nations Security Council to refer a ‘situation’ to the Court.

scholarly journals Asset Freezing at the European and Inter-American Courts of Human Rights: Lessons for the International Criminal Court, the United Nations Security Council and States

2020 ◽  
Vol 20 (3) ◽  
pp. 502-525
Author(s):  
Daley J Birkett
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Security Council ◽  
International Criminal Court ◽  
International Criminal ◽  
Case Law ◽  
Criminal Court ◽  
United Nations Security Council ◽  
European Convention ◽  
The United Nations

Abstract This article examines the human rights implications of the asset freezing processes available to the International Criminal Court and the United Nations Security Council. It does so through the lens of the case law of the European Court of Human Rights and the Inter-American Court of Human Rights, from whose jurisprudence, although not uniform, a number of principles can be distilled. By scrutinising a series of cases decided under the European Convention on Human Rights and American Convention on Human Rights, respectively, the article demonstrates that the rights to the peaceful enjoyment of property and to respect for one’s private and family life, home and correspondence are necessarily implicated by the execution of asset freezing measures in criminal and administrative contexts. The article concludes that, considering the human rights constraints placed on the exercise of their powers, both the International Criminal Court and United Nations Security Council, as well as States acting at their request, must pay attention to this case law with a view to respecting the human rights of those to whom asset freezing measures are applied.

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