From Classroom to a Criminal Courtroom

2021 ◽  
pp. 31-38
Author(s):  
Theodor Meron
Keyword(s):  
International Criminal Court ◽  
International Criminal ◽  
Legal Framework ◽  
Criminal Court ◽  
Ethical Conduct ◽  
Reasonable Doubt ◽  
International Courts ◽  
International Crimes ◽  
The Core ◽  
Criminal Courtroom

This chapter discusses the author’s transition from being a teacher to being an international criminal Judge. The life of a Judge is much more circumscribed by rules and traditions than the life of a teacher. Both national and international courts have typically adopted codes of professional and ethical conduct, which often include or are accompanied by disciplinary rules to ensure compliance and accountability. It is important to understand that the core mandate of an international criminal court is to try individuals within a governing legal framework and to determine whether—given the specific evidence presented and admitted by the court—the responsibility of an individual accused of international crimes has been established beyond reasonable doubt. The chapter then recounts the author’s experience as an international criminal Judge and assesses whether academics make good criminal Judges.

NGOs for International Justice

2018 ◽  
Author(s):  
Kjersti Lohne
Keyword(s):  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
International Justice ◽  
Relative Lack ◽  
International Crimes ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
The Impact ◽  
Oriented Approach

Kjersti Lohne describes the impact of non-governmental organizations at the International Criminal Court (ICC), in particular discussing the relative lack of regard for defendants’ rights, and especially highlighting the difficulties encountered by those acquitted. After the Coalition for the International Criminal Court contributed to the establishment of the ICC itself in the fight against impunity for international crimes, that Coalition has continued a victim-oriented approach, arguably at the expense of defendants’ rights. The ICC’s focus on victims, ‘truth’, and ‘memory’ may challenge the legitimacy of the Court in the longer run.

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.

scholarly journals Case Admissibility at the International Criminal Court

2015 ◽  
Vol 14 (2) ◽  
pp. 305-317 ◽  
Author(s):  
Tomas Hamilton
Keyword(s):  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Criminal Court ◽  
Step Test ◽  
Legal Certainty ◽  
The Core ◽  
Future Challenges

The existing jurisprudence of the icc establishes a two-step test for determining challenges to the admissibility of a case under Article 17 of the Rome Statute, now further solidified by an Appeals Chamber judgment in Simone Gbagbo. Notably, this is an area of the jurisprudence that does not suffer from excessive fragmentation. The Court has consistently required “substantially the same conduct” for a finding of parity between its own case and the case under investigation or prosecution by domestic authorities. Different outcomes in Al-Senussi and Gaddafi are attributable to factual differences, leaving intact the fundamental approach of the Court to the “inability” and “unwillingness” aspects of complementarity. Although novel fact patterns may pose future challenges to the coherence of this approach, the core principles of case admissibility are now well established, increasing legal certainty for States and individuals who seek to challenge the admissibility of cases before the Court.

Home-State Interest, Nationalism, and the Legitimacy of the International Criminal Court

2021 ◽  
pp. 1-29
Author(s):  
Nathan T. Carrington ◽  
Claire Sigsworth
Keyword(s):  
International Criminal Court ◽  
International Institutions ◽  
International Criminal ◽  
Criminal Court ◽  
Domestic Institutions ◽  
Survey Experiment ◽  
International Courts ◽  
Home State ◽  
Institutional Costs ◽  
Nationally Representative

Although legitimacy is crucial for courts’ efficacy, the sources identified as legitimizing domestic institutions are weaker or absent altogether for international institutions. We use an original, preregistered, nationally representative survey experiment to show that perceived home-state interest strongly affects the legitimacy afforded by UK citizens to the International Criminal Court. Importantly, this relationship is moderated by nationalism. Our findings have implications for state actors in a position to act vis-á-vis international courts, elites seeking to alter opinions toward courts, and courts themselves weighing possible institutional costs of acting against noncompliant states.

scholarly journals Victim’s Right of Access to International Criminal Courts

2016 ◽  
Vol 10 (1) ◽  
pp. 279
Author(s):  
Fazlollah Foroughi ◽  
Zahra Dastan
Keyword(s):  
International Law ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
International Level ◽  
Human Beings ◽  
International Crimes ◽  
The Government ◽  
The Right ◽  
Right Of Access

Due to quantitative expansion and evolution in committing the crime at the international level, the scope of criminal proceedings has been widened significantly. Tolerance and forgiveness towards crimes that happen at international level not only is a double oppression on the victims, but also provide a fertile context for others to commit crimes more daringly. Thus, it is essential that international criminals are held accountable to the law and competent institution, and the realization of this issue leads to the victim satisfaction in international law. Not only in international law, but also in domestic law, show respect and protection of human rights is effective only when there is an effective justice system to guarantee the rights. Although some international crimes practically occur by the government or at least high-ranking government officials, the Statute of the International Criminal Court has reiterated this point that they only have jurisdiction over the crimes committed by natural persons rather than legal entities, which one good example is governments, and although the real victims of these crimes have been human beings, in the case of action and referring the case to the competent international courts, these are the states (rather than the victims) that actually have the right of access to the authorities and not beneficiaries .Thus, at the first step, we should see whether the Court has jurisdiction over the crime committed by the government and whether people can file an action independently in the International Criminal Court or not? When people, rather than governments, are beneficiaries in some international crimes, why only the government and not the people is the plaintiff? And what is the right of the victim in such category of crimes? Accordingly, the current research seeks to examine these rights and restrictions, and relevant limitations.

scholarly journals The African Allegations towards Ignorance of International Criminal Court: Does International Criminal Court unfairly focusing on Africa?

2021 ◽  
Vol 1 (1) ◽  
pp. p37
Author(s):  
Lamessa Gudeta Guder
Keyword(s):  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Criminal Court ◽  
Political Leaders ◽  
African Government ◽  
International Crimes ◽  
Whole Process ◽  
And Function ◽  
Ongoing Support

Though, African continent has the highest number of state parties to the Rome Statute, recently several criticisms and allegations have been leveled against ICC interventions in Africa. AU and African higher official apparently call for non-cooperation of ICC. They believed that, ICC is unfairly targeting Africa and Africans, and it is a neo-colonial plaything and that Africa has been a place to experiment with their ideas. Such allegation begs question that is really the ICC unfairly focusing Africa and Africans? Therefore, it needs evaluating these accusations by considering the whole process and function of ICC. Accordingly, when we evaluate the allegations, it seems too far from trues. Because, on one hand, many of allegation and criticism itself is not representative of African peoples rather it is the allegation of some African political leaders of authoritarian nature of power those who fears the prosecution for the commission of mass crime and atrocities in their respective countries. On other hand the composition of the court by itself is Africans. It is a global court with historically strong African support. It would not be the court it is today without the valuable input, involvement and support of the majority of African states. The court seeks justice for victims of grave crimes, including African victims; it needs the ongoing support of African government, civil society and public in order to achieve justice. It was intended to be a credible, independent judicial body, able to adjudicate the most serious of international crimes fairly and impartially, where National judicial systems have failed and fight against impunity all over the world.

scholarly journals A jurisdição universal do Tribunal Penal Internacional e o deslocamento forçado do Povo Rohingya: o caso Myanmar v. Bangladesh do TPI

2021 ◽  
Author(s):  
Claudia Regina De Oliveira Magalhães da Silva Loureiro
Keyword(s):  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Criminal Court ◽  
Universal Jurisdiction ◽  
International Crimes ◽  
Specific Objective ◽  
Deductive Method ◽  
Proper Interpretation ◽  
Principle Of Territoriality

Resumo: O artigo analisa a jurisdição universal do Tribunal Penal Internacional de acordo com o previsto no Estatuto de Roma de 1998, bem como em consonância com os princípios da territorialidade, complementaridade e cooperação. O objetivo principal do artigo é estudar a incidência da jurisdição do Tribunal e o objetivo específico é analisar como a jurisdição universal do Tribunal pode ser aplicada aos crimes praticados no território de um Estado que não é parte do Estatuto de Roma, utilizando-se como fonte principal o caso do Povo Rohingya, que tem uma relação intrínseca com a tese da jurisdição universal do Tribunal Penal Internacional, aspecto que representa a originalidade do trabalho. O critério dedutivo foi o método adotado para o desenvolvimento do trabalho, com o estudo do aspecto normativo, doutrinário e jurisprudencial. O trabalho concluirá que a jurisdição universal do TPI deve ser reavaliada para ser aplicada de acordo com a releitura do princípio da soberania estatal e da adequada interpretação dos crimes internacionais de interesse da humanidade, sob a perspectiva interseccional para a consideração dos atos anti-imigração como crimes contra a humanidade.Palavras-chave: Tribunal Penal Internacional; Jurisdição universal; Estatuto de Roma; Deportação; Princípio da territorialidade; Estado que não é parte do Estatuto do Tribunal; Atos anti-imigração. Abstract: The article analyzes the universal jurisdiction of the International Criminal Court in accordance with the 1998 Rome Statute, as well as in line with the principles of territoriality, complementarity and cooperation. The main objective of the article is therefore to study the jurisdiction of the Court and the specific objective is to examine how the universal jurisdiction of the Court can be applied to crimes occurring in the territory of States that are not part of the Rome Statute, using as a source the case of the Rohingya People, which is intrinsically linked to the universal jurisdiction of the International Criminal Court, what is the original aspect of the paper. The deductive method was the methodology adopted for the development of the work, with the study of the normative, doctrinal and jurisprudential aspect. The work will conclude that the universal jurisdiction of the ICC should be re-evaluated to be applied in accordance with the re-reading of the principle of state sovereignty and the proper interpretation of international crimes of interest to humanity, from the intersectional perspective for the consideration of anti-immigration acts as crimes against humanity.Keywords: International Criminal Court; Universal Jurisdiction; Rome Statute; Deportation; Principle of territoriality; State did not accept the jurisdiction of the Court; Anti-immigration acts.

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