Special Criminal Court for the Central African Republic (SCC)

2020 ◽  
Author(s):  
Tredici Ignacio
Keyword(s):  
Central African Republic ◽  
Criminal Court

Holding to Account the Commission of International Crimes in the Central African Republic: The Establishment of the Special Criminal Court

2018 ◽  
Vol 21 (1) ◽  
pp. 1-35
Author(s):  
Ignacio Tredici ◽  
Renaud Galand
Keyword(s):  
Central African Republic ◽  
National Court ◽  
Criminal Court ◽  
Armed Conflicts ◽  
The Rule Of Law ◽  
International Crimes ◽  
Political Crises ◽  
Post Conflict ◽  
National Reconciliation ◽  
Internal Armed Conflicts

The Special Criminal Court for the Central African Republic (scc) is a national court that has been established with the assistance of the Un Multidimensional Integrated Mission of Stabilization in the Central African Republic (minusca) to bring to justice perpetrators of international crimes committed in car from 2003. The establishment of the scc is a response to the legal obligation to fight impunity for the most serious crimes in a country severely affected by decades of internal armed conflicts, social and political crises: car has been depleted of the resources required to investigate and prosecute those responsible for the commission of international crimes. Taking to justice the perpetrators will help consolidate peace, security and justice and break the cycle of violence. The scc is hence expected to serve as a catalyst for the restoration of the rule of law in car more broadly and to advance national reconciliation and peacebuilding processes. Notwithstanding the challenges that it will face, it is submitted that the scc could be a valid model to be replicated in other post-conflict contexts where impunity for either international crimes or serious organized crime is a fundamental impediment to social peace and progress.

Developments at the International Criminal Court

2012 ◽  
Vol 11 (2) ◽  
pp. 365-448
Author(s):  
Julieta Solano McCausland ◽  
Enrique Carnero Rojo
Keyword(s):  
United Nations ◽  
Security Council ◽  
International Criminal Court ◽  
Central African Republic ◽  
International Criminal ◽  
Democratic Republic ◽  
Criminal Court ◽  
United Nations Security Council ◽  
Republic Of The Congo ◽  
Victim Participation

Abstract This column covers the activity of the International Criminal Court during the last third of 2010 through mid-May 2011. The Court has continued investigating situations in five countries (the Democratic Republic of the Congo, Uganda, Sudan, the Central African Republic and Kenya) and opened a new investigation following a referral by the United Nations Security Council (Libya). The judicial activity of the Court continued with four accused persons undergoing trial, two more waiting for their trial to start, and six more awaiting the confirmation of charges hearing. The Chambers of the Court continued to develop the rules applicable to pre-trial and trial proceedings. In the period covered by this column they confirmed the law on the admissibility of a case, ruled on the proceedings concerning the first challenge by a State to the admissibility of a case and on stay of proceedings, and brought consistency on the issue of victim participation across cases.

Developments at the International Criminal Court

2011 ◽  
Vol 10 (3) ◽  
pp. 429-506 ◽  
Author(s):  
Julieta Solano McCausland ◽  
Enrique Carnero Rojo
Keyword(s):  
International Criminal Court ◽  
Central African Republic ◽  
International Criminal ◽  
Democratic Republic ◽  
Criminal Court ◽  
The Third ◽  
Republic Of The Congo ◽  
Victim Participation

Abstract This column covers the activity of the International Criminal Court during the second third of 2010. The Court has continued investigating situations in five countries (the Democratic Republic of the Congo, Uganda, Sudan, the Central African Republic and Kenya) and has started one new case. The judicial activity of the Court has remained stable, with three accused persons undergoing trial and one more waiting for his trial to start. Several Chambers have continued to develop the rules applicable to pre-trial and trial proceedings, confirming their previous decisions, including on the issue of victim participation during the trial. Moreover, the Court has adopted its first decision charging a suspect with allegations of genocide and has ruled on the admissibility of the third of its cases to proceed to trial. All in all, during the period of time covered in this column, the Court has continued the conduct of its investigations and trials.

Global Justice Meets Local Civil Society: The International Criminal Court's Investigation in the Central African Republic

2008 ◽  
Vol 33 (4) ◽  
pp. 413-433 ◽  
Author(s):  
Marlies Glasius
Keyword(s):  
Civil Society ◽  
Global Justice ◽  
Central African Republic ◽  
International Criminal ◽  
Criminal Court ◽  
Civil Society Organizations ◽  
Global Level ◽  
Slow Pace

As a new justice institution, the International Criminal Court (ICC) needs to gain legitimacy not just with states but also in civil society, both at the global level and in the societies in which it intervenes. This article, based on interviews, NGO documents, newspaper articles, and participatory observation, looks at civil-society relations with the ICC in relation to its most recent and least publicized investigation—that in the Central African Republic (CAR). It charts the role of civil-society organizations, local and international, in the opening of the investigation, and it discusses the initial responses to the investigation of civil-society figures and victims in the CAR. It finds that unlike in any of the other situations, the ICC's involvement in the CAR has been largely instigated by local civil-society figures and that, as a result, it operates in a quite receptive context. However, the slow pace of investigations and trials, the meager outreach to date, and the court's probable lack of capacity to provide victims with physical and material security are long-term challenges for its ability to meet local expectations of justice.

Assessment of Efforts to Hold Perpetrators of Conflict-related Sexual Violence Accountable in Central African Republic

2020 ◽  
Vol 18 (2) ◽  
pp. 373-396
Author(s):  
Phuong N Pham ◽  
Mychelle Balthazard ◽  
Patrick Vinck
Keyword(s):  
Sexual Violence ◽  
Justice System ◽  
Central African Republic ◽  
International Criminal ◽  
Criminal Court ◽  
Sexual Crimes ◽  
Social Challenges ◽  
Formal Complaint ◽  
The Government ◽  
Fear Of Retaliation

Abstract Sexual violence is commonly described as an epidemic in the Central African Republic (CAR) and other conflict settings. In response, the government and the international community have launched major efforts to combat sexual violence, including the investigation and prosecution of sexual crimes and offences by the ordinary justice system, the Special Criminal Court in the Central African Republic, and the International Criminal Court. Yet, little is known about how these efforts are perceived among the population and about their effectiveness at reducing exposure in a context of ongoing violence. This article builds on a unique series of four surveys conducted at six-month intervals between 2017 and 2018 with a total of 25,143 randomly selected adults. It assesses the magnitude of sexual violence and shows that respondents positively perceive efforts to combat sexual violence and increasingly understand and trust the justice system. Disclosure of sexual violence is increasing, but only one in five victims files a formal complaint with security and justice actors. Factors undermining disclosing or filing of complaints about these widespread events include fear of retaliation, re-traumatization, and stigmatization. Investigating sexual crimes in a context of insecurity is extremely challenging and the work of the various courts is hindered by practical, procedural, and social challenges detailed in this article, as well as the need to coordinate prosecutorial strategies. There is an urgent need to build capacity and to ensure appropriate and compassionate treatment towards those who have been assaulted. Monitoring perception of criminal justice efforts is an important step towards understanding their contribution to ending sexual violence and to peace.

Bemba and the Individualisation of War: Reconciling Command Responsibility under Article 28 Rome Statute with Individual Criminal Responsibility

2020 ◽  
Vol 20 (4) ◽  
pp. 669-700
Author(s):  
Alexandre Skander Galand
Keyword(s):  
Central African Republic ◽  
Rome Statute ◽  
International Criminal ◽  
Criminal Responsibility ◽  
Criminal Court ◽  
Fundamental Rights ◽  
Appeal Chamber ◽  
Military Commanders ◽  
Commander In Chief ◽  
Individual Criminal Responsibility

Never has the doctrine of command responsibility been shaken as when the Appeal Chamber of the International Criminal Court issued the Bemba Appeal Judgment. The latter solely addresses whether the defendant – Jean-Pierre Bemba, former Commander-in-chief of the Mouvement de libération du Congo – took reasonable and necessary measures to prevent or punish his subordinates’ crimes perpetrated in the Central African Republic. Yet, the various dissenting, separate and concurring opinions advocate opposing positions on the scope, elements and nature of this notorious doctrine. This paper relocates the ‘sharp disagreements’ that surfaced during the Bemba Appeal Judgment within the broader phenomena of the individualisation of war. Through an in-depth examination of the interpretation offered by the appellate judges, it designs a model of command responsibility that properly individualises Article 28 Rome Statute, and, by the same token, respect the fundamental rights of military commanders.

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