Part 6 The Trial: Le Procès, Art.70 Offences against the administration of justice/Atteintes à l’administration de la justice

2016 ◽  
Author(s):  
Schabas William A
Keyword(s):  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Criminal Court ◽  
Administration Of Justice ◽  
Rules Of Procedure

This chapter comments on Article 70 of the Rome Statute of the International Criminal Court. Article 70 deals with acts punishable by the Court as offences against the administration of justice. These acts may be divided into three categories: those involving perjury or false testimony; obstruction of the activities of the Court; and solicitation of bribes. The principles and procedures governing the Court's exercise of jurisdiction over offences under this article shall be those provided for in the Rules of Procedure and Evidence. The maximum penalty for article 70 offences is five years imprisonment; a fine is an alternative as well as the possibility of both being imposed. Fines may be set for each individual offence or count, but cannot exceed in total 50 per cent of the convicted person's assets, ‘after deduction of an appropriate amount that would satisfy the financial needs of the convicted person and his or her dependants’.

Rome’s Legacy: Negotiating the Reparations Mandate of the International Criminal Court

2017 ◽  
Vol 17 (2) ◽  
pp. 351-377 ◽  
Author(s):  
Christoph Sperfeldt
Keyword(s):  
Criminal Justice ◽  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Legal Framework ◽  
Criminal Court ◽  
International Criminal Justice ◽  
Fresh Perspective ◽  
Rules Of Procedure ◽  
Victim Reparations

This article examines the negotiations that led to the incorporation of reparations provisions into the legal framework of the International Criminal Court (icc). Building upon a review of the travaux préparatoires and interviews, it traces the actors and main debates during the lead-up to the Rome Conference and the drafting of the Rules of Procedure and Evidence, explaining how and why reparations were included into the Rome Statute. In doing so, the article shows how the reparations mandate was produced at the intersection of a set of different agendas and actors. From this account, it identifies a number of key themes that were at the centre of the negotiations and often galvanised contestations among delegations or with ngos. The article concludes with a fresh perspective on the origin of victim reparations in the Rome Statute and its relevance for understanding many of today’s debates around reparations in international criminal justice.

Part 10 Enforcement: Exécution, Art.103 Role of States in enforcement of sentences of imprisonment/Rôle des États dans l’exécution des peines d’emprisonnement

2016 ◽  
Author(s):  
Schabas William A
Keyword(s):  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Criminal Court ◽  
The State ◽  
Rules Of Procedure

This chapter comments on Article 103 of the Rome Statute of the International Criminal Court. Article 103 deals with State enforcement of sentences. The enforcement regime of the International Criminal Court is premised on three broad principles: sentences are served in the prison facilities of States and are subject to their laws; enforcement of the sentence is subject to the supervision of the Court; and the sentence imposed by the Court is binding upon the State of enforcement. The provisions of the Statute governing enforcement are quite succinct, and much of the detail on the issue appears in the Rules of Procedure and Evidence.

Part 4 Composition and Administration of the Court: Composition et Administration de la Cour, Art.41 Excusing and disqualification of judges/Décharge et récusation des juges

2016 ◽  
Author(s):  
Schabas William A
Keyword(s):  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Judicial Independence ◽  
Criminal Court ◽  
Rules Of Procedure

This chapter comments on Article 41 of the Rome Statute of the International Criminal Court. Article 41 provides the mechanism to ensure the protection of judicial independence and impartiality that is affirmed in article 40. It distinguishes between ‘excusing’, which refers to a request by the judge to the Presidency, and ‘disqualification’, which describes an application by the Prosecutor or the accused person. The Presidency is without authority to raise issues of impartiality proprio motu, given that‘[n]either the Statute nor the Rules of Procedure and Evidence make provision for the pre-emptive control by the Presidency of the impartiality of the judges’.

Part 7 Penalties: Les Peines, Art.77 Applicable penalties/Peines applicables

2016 ◽  
Author(s):  
Schabas William A
Keyword(s):  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Criminal Court ◽  
Third Parties ◽  
Life Imprisonment ◽  
Rules Of Procedure ◽  
Bona Fide ◽  
The Individual

This chapter comments on Article 77 of the Rome Statute of the International Criminal Court. Article 77 sets out the penalties the Court may impose on a person convicted of a crime. These include imprisonment for a specified number of years, which may not exceed a maximum of 30 years; a term of life imprisonment when justified by the extreme gravity of the crime and the individual circumstances of the convicted person; a fine under the criteria provided for in the Rules of Procedure and Evidence; and a forfeiture of proceeds, property, and assets derived directly or indirectly from that crime, without prejudice to the rights of bona fide third parties.

Part 6 The Trial: Le Procès, Art.64 Functions and powers of the Trial Chamber/Fonctions et pouvoirs de la chambre de première instance

2016 ◽  
Author(s):  
Schabas William A
Keyword(s):  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Trial Chamber ◽  
Criminal Court ◽  
Rules Of Procedure

This chapter comments on Article 64 of the Rome Statute of the International Criminal Court. Article 64 sets out the functions and powers of the Trial Chamber. It confirms that ‘[t]he functions and powers of the Trial Chamber set out in this article shall be exercised in accordance with this Statute and the Rules of Procedure and Evidence’. The general duties of the Trial Chamber include ensuring a ‘fair and expeditious’ trial, conducted with ‘full respect for the rights of the accused’ and ‘due regard for the protection of victims and witnesses’.

The International Criminal Court

2016 ◽  
Author(s):  
Schabas William A
Keyword(s):  
Detailed Analysis ◽  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Case Law ◽  
Criminal Court ◽  
New Developments ◽  
Academic Literature ◽  
Rules Of Procedure ◽  
The Relationship

Established as one of the main sources for the study of the Rome Statute of the International Criminal Court, this volume provides a detailed analysis of the Statute; the detailed analysis draws upon relevant case law from the Court itself, as well as from other international and national criminal tribunals, academic commentary, and related instruments such as the Elements of Crimes, the Rules of Procedure and Evidence, and the Relationship Agreement with the United Nations. Each chapter includes accompanied by an overview of the drafting history as well as a bibliography of academic literature relevant to the provision. The text aims to avoid duplication and inconsistency, providing a comprehensive presentation to assist those who must understand, interpret, and apply the complex provisions of the Rome Statute. The fully updated second edition of this book incorporates new developments in the law, including discussions of recent judicial activity and the amendments to the Rome Statute adopted at the Kampala conference.

Part 4 Composition and Administration of the Court: Composition et Administration de la Cour, Art.46 Removal from office/Perte de fonctions

2016 ◽  
Author(s):  
Schabas William A
Keyword(s):  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Criminal Court ◽  
Elected Officials ◽  
Rules Of Procedure

This chapter comments on Article 46 of the Rome Statute of the International Criminal Court. Article 46 deals with the removal from office of elected officials of the Court, that is, the judges, the Prosecutor and Registrar, and the Deputy Prosecutors and Deputy Registrar. There are two grounds for removal from office. An official may be removed from office where he or she is ‘found to have committed serious misconduct or a serious breach of his or her duties under this Statute, as provided for in the Rules of Procedure and Evidence’, or if he or she ‘is unable to exercise the functions required by this Statute’.

Part 4 Composition and Administration of the Court: Composition et Administration de la Cour, Art.45 Solemn undertaking/Engagement solennel

2016 ◽  
Author(s):  
Schabas William A
Keyword(s):  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Criminal Court ◽  
Rules Of Procedure ◽  
Senior Officers

This chapter comments on Article 45 of the Rome Statute of the International Criminal Court. Article 45 imposes a duty to make a solemn undertaking on all of the judges and senior officers of the Court. They are to exercise their functions ‘impartially and conscientiously’. The Rules of Procedure and Evidence make the declaration more elaborate (‘honourably, faithfully, impartially, and conscientiously’), and they also add a duty to respect the confidentiality of investigations and prosecutions. The Rules distinguish between the declaration to be make by the judges and that of the Court's senior officers, the former being required to respect the secrecy of deliberations.

The International Criminal Court in Context: Mediating The Global and Local in the Age of Accountability - Commentary on the Rome Statute of the International Criminal Court. Edited by Otto Triffterer. Baden-Baden: Nomos, 1999. Pp. xxvii, 1295. €197. - The International Criminal Court: Elements of Crimes and Rules of Procedure and Evidence. Edited by Roy S. Lee. Ardsley NY: Transnational Publishers, 2001. Pp. lxvi, 857. Index. $175. - The International Criminal Court: Elements of Crimes and Rules of Procedure and Evidence. Edited by Roy S. Lee. Ardsley NY: Transnational Publishers, 2001. Pp. lxvi,, 857. Index. €175. - The International Criminal Court and the Transformation of International Law: Justice for the New Millennium.. Edited by Leila Nadya Sadat. Ardsley NY: Transnational Publishers, 2002. Pp. xviii, 566. Index. $125. - An Introduction to the International Criminal Court. Edited by William A. Schabas. Cambridge: New York,Cambridge University Press, 2001. Pp. x, 406. Index. €90.cloth; €30, paper - The Rome Statute of the International Criminal Court: A Commentar. Edited by Antonio Casses., Paola Gaeta, and John R. W. D.Jones. Oxford: New York,Oxford University Press 2002. 2 vols Pp.cxl; 2,018 Index. $265.

2003 ◽  
Vol 97 (3) ◽  
pp. 712-721 ◽  
Author(s):  
Payam Akhavan
Keyword(s):  
New York ◽  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Criminal Court ◽  
Cambridge University ◽  
Oxford University ◽  
Rules Of Procedure ◽  
Age Of Accountability ◽  
Global And Local

International criminal court as an international judical body acting on a complementary basis

2021 ◽  
Vol 15 (3) ◽  
pp. 97-101
Author(s):  
Nihad Fərhad oğlu Qəyayev ◽  
Keyword(s):  
Criminal Law ◽  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
International Crime ◽  
Criminal Court ◽  
International Criminal Law ◽  
Policy Paper ◽  
Rules Of Procedure ◽  
Principle Of Complementarity

The functioning of the International Criminal Court is carried out on the basis of the principle of complementarity. Thus, in the Preamble and Article 1 of the Rome Statute of the International Criminal Court explicitly states that “the International Criminal Court….complements the national criminal justice authorities”. The principle of complementarity is revealed in Art. 17-20 of the Statute. This article discusses the algorithm and the criteria for evaluating the performance of the complementarity based on the analysis of the Rome Statute of the International Criminal Court (Statute), the Rules of Procedure and Evidence (2000), the Policy Paper on Case Selection and Prioritisations of 2016, the Policy Paper Preliminary Examinations of 2013. Key words: International Criminal Court, principle of complementarity, Rome Statute, international crime, state sovereignty, criminal law jurisdiction, international criminal law, principles of criminal procedure

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