Part 12 Financing: Financement, Art.116 Voluntary contributions/Contributions volontaires

2016 ◽  
Author(s):  
Schabas William A
Keyword(s):  
International Organizations ◽  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Criminal Court ◽  
Voluntary Contributions ◽  
Financial Regulations ◽  
Almost All ◽  
To Receive ◽  
Legal Expertise

This chapter comments on Article 116 of the Rome Statute of the International Criminal Court. Article 116 allows the Court to receive and utilize, as additional funds, voluntary contributions from Governments, international organizations, individuals, corporations and other entities, in accordance with relevant criteria adopted by the Assembly of States Parties. This criteria is set out in the Financial Regulations and Rules, which specify that voluntary contributions must be ‘consistent with the nature and functions of the Court’. Amounts received by the Court in the form of voluntary contributions have been modest. For the year 2014, they totalled less than €600,000, almost all of this earmarked for special projects such as building legal expertise, cooperation, relocation, and seminars.

Part 10 Enforcement: Exécution, Art.107 Transfer of the person upon completion of sentence/Transfèrement du condamné qui a accompli sa peine

2016 ◽  
Author(s):  
Schabas William A
Keyword(s):  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Criminal Court ◽  
The State ◽  
Person Following ◽  
The Individual ◽  
To Receive

This chapter comments on Article 107 of the Rome Statute of the International Criminal Court. Article 107 governs the transfer of the person following completion of the sentence. When a released prisoner is not a national of the State of enforcement, and is not authorized to remain there, two possible scenarios arise: transfer to a State ‘which is obliged to receive him or her’ and transfer to a State ‘which agrees to receive him or her’. Transfer of a released person to a third State upon completion of sentence will invariably require agreement. Absent such agreement, the individual will remain in the State of enforcement. In deciding upon transfer, the wishes of the released prisoner are to be taken into account.

Part 4 Composition and Administration of the Court: Composition et Administration de la Cour, Art.48 Privileges and immunities/Privilèges et immunités

2016 ◽  
Author(s):  
Schabas William A
Keyword(s):  
International Organizations ◽  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Criminal Court ◽  
Personal Benefit

This chapter comments on Article 48 of the Rome Statute of the International Criminal Court. International organizations require privileges and immunities in order to facilitate their functions. Privileges and immunities are granted to individuals not for their own personal benefit, but to enable the institution to operate with expedience and independence. Article 48 consists of five paragraphs that deal with the privileges and immunities of the Court itself, of its judges and senior officials, its staff, and those who are actually involved in the proceedings, such as counsel, witnesses, and experts. The final paragraph provides for waiver of the immunity.

Part 12 Financing: Financement, Art.113 Financial Regulations/Règlement financier et règles de gestion financière

2016 ◽  
Author(s):  
Schabas William A
Keyword(s):  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Criminal Court ◽  
Financial Regulations ◽  
Financial Administration

This chapter comments on Article 113 of the Rome Statute of the International Criminal Court. Article 113 establishes the legal significance and role of the Financial Regulations and Rules. Consist of thirteen articles, plus an Annex, the Regulations provide that the Assembly of States Parties is to ‘establish detailed financial rules and procedures in order to ensure effective financial administration and the exercise of economy’. The Rules describe themselves as being ‘in complement to, and limited by the Financial Regulations. They shall govern all the financial administration of the Court, except as may otherwise explicitly be provided by the Assembly of States Parties, or specifically exempted therefrom by the Registrar’.

Part 12 Financing: Financement, Art.118 Annual audit/Vérification annuelle des comptes

2016 ◽  
Author(s):  
Schabas William A
Keyword(s):  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Internal Audit ◽  
Financial Statements ◽  
Criminal Court ◽  
The Body ◽  
State Party ◽  
Financial Regulations ◽  
Auditor General

This chapter comments on Article 118 of the Rome Statute of the International Criminal Court. Article 118 provides for appointment of an independent auditor to audit the records, books, and accounts of the Court, including its annual financial statements. The article, however, does not identify the body responsible for this task. Specific provision for the audit appears in the Financial Regulations and Rules, adopted at the first session of the Assembly of States Parties. They declare that the Assembly appoints the Auditor, which may be ‘an internationally recognized firm of auditors or an Auditor General or an official of a State Party with an equivalent title’. The Auditor is appointed for a renewable term of four years. The Court also has an Office of Internal Audit.

The Denial of the Right of Return as a Rome Statute Crime

2020 ◽  
Author(s):  
Micheal G Kearney
Keyword(s):  
International Law ◽  
International Criminal Court ◽  
Rome Statute ◽  
Final Section ◽  
International Criminal ◽  
Trial Chamber ◽  
Criminal Court ◽  
Central Importance ◽  
Right Of Return ◽  
The Right

Abstract In 2018, Pre-Trial Chamber I of the International Criminal Court (ICC) held that conduct preventing the return of members of the Rohingya people to Myanmar could fall within Article 7(1)(k) of the Statute, on the grounds that denial of the right of return constitutes a crime against humanity. No international tribunal has prosecuted this conduct as a discrete violation, but given the significance of the right of return to Palestinians, it can be expected that such an offence would be of central importance should the ICC investigate the situation in Palestine. This comment will review the recognition of this crime against humanity during the process prompted by the Prosecutor’s 2018 Request for a ruling as to the Court’s jurisdiction over trans-boundary crimes in Bangladesh/Myanmar. It will consider the basis for the right of return in general international law, with a specific focus on the Palestinian right of return. The final section will review the elements of the denial of right of return as a crime against humanity, as proposed by the Office of the Prosecutor in its 2019 Request for Authorization of an investigation in Bangladesh/Myanmar.

scholarly journals The International Criminal Court and Sexual Violence: Between Aspirations and Reality

2021 ◽  
Vol 22 (5) ◽  
pp. 878-893
Author(s):  
Tanja Altunjan
Keyword(s):  
Sexual Violence ◽  
Conceptual Understanding ◽  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Legal Framework ◽  
Criminal Court ◽  
Full Potential ◽  
Sexual Crimes ◽  
Track Record

AbstractThe adoption of the Rome Statute of the International Criminal Court (ICC) was widely lauded as a success with regard to the recognition and potential prosecution of conflict-related sexual violence. More than twenty years later, however, many observers are disillusioned with the ICC’s dire track record concerning the implementation of its progressive legal framework. In many cases, the Court and particularly its Prosecutor have been criticized for failing to adequately address and prioritize sexual violence, culminating in only a single final conviction since 2002. Nevertheless, the ICC’s emerging practice shows progress with regard to the conceptual understanding of conflict-related sexual violence and the realization of the Statute’s full potential in ensuring accountability for sexual crimes. Taking into account the evolving jurisprudence, the Article explores the persisting challenges and the perceived gap between aspirations and reality regarding the prosecution of sexual violence at the ICC.

scholarly journals Tilting at windmills: Reparations and the International Criminal Court

2021 ◽  
pp. 1-21
Author(s):  
Luke Moffett ◽  
Clara Sandoval
Keyword(s):  
Transitional Justice ◽  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Positive Impact ◽  
Criminal Court ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Crimes

Abstract More than 20 years on from the signing of the Rome Statute, delivering victim-centred justice through reparations has been fraught with legal and practical challenges. The Court’s jurisprudence on reparations only began to emerge from 2012 and struggles to find purchase on implementation on the ground. In its first few cases of Lubanga, Katanga, and Al Mahdi the eligibility and forms of reparations have been limited to certain victims, subject to years of litigation, and faced difficulties in delivery due to ongoing insecurity. This is perhaps felt most acutely in the Bemba case, where more than 5,000 victims of murder, rape and pillage were waiting for redress, and the defendant was not indigent, but where he was later acquitted on appeal, thereby extinguishing reparation proceedings. This article critically appraises the jurisprudence and practice of the International Criminal Court (ICC) on reparations. It looks at competing principles and rationales for reparations at the Court in light of comparative practice in international human rights law and transitional justice processes to consider what is needed to ensure that the ICC is able to deliver on its reparations mandate. An underpinning argument is that reparations at the ICC cannot be seen in isolation from other reparation practices in the states where the Court operates. Reparative complementarity for victims of international crimes is essential to maximize the positive impact that the fulfilment of this right can have on victims and not to sacrifice the legitimacy of the Court, nor quixotically strive for the impossible.

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