Developments at the International Criminal Court

2010 ◽  
Vol 9 (3) ◽  
pp. 495-555
Author(s):  
Julieta Solano McCausland ◽  
Enrique Carnero Rojo
Keyword(s):  
International Criminal Court ◽  
Central African Republic ◽  
International Criminal ◽  
Democratic Republic ◽  
Legal Framework ◽  
Criminal Court ◽  
Disclosure Of Information ◽  
Republic Of The Congo ◽  
Victim Participation ◽  
The Way

AbstractThis column covers the activity of the International Criminal Court during the first four months of 2010. The Court has continued investigating alleged crimes in four situations (the Democratic Republic of the Congo, Uganda, Darfur/Sudan and the Central African Republic) and has started investigations in a fifth country (Kenya). The judicial activity of the Court has gained momentum, with proceedings against four accused persons, including ongoing trials against three persons. The commencement of the trial of one more person is pending, and an additional six individuals remain subject to warrants of arrest. Several Chambers have confirmed their previous decisions on the way in which trial proceedings must be prepared and conducted, including the scope of victim participation at trial and the legal framework for non-disclosure of information to the Defence as an exceptional measure of protection during trial. Moreover, the first decision on a Prosecutor’s request to open an investigation has been adopted. All in all, during the period of time covered in this column the Court has consolidated the foundations for the conduct of its investigations and trials.

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.

scholarly journals Dealing with Non-cooperation at the icc: Towards a More Holistic Approach

2019 ◽  
Vol 19 (6) ◽  
pp. 911-937
Author(s):  
Olympia Bekou
Keyword(s):  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Holistic Approach ◽  
Legal Framework ◽  
Criminal Court ◽  
Legal Responses ◽  
Cooperation System ◽  
The Way

The article examines the legal and non-legal responses to tackling non-cooperation with requests issued by the International Criminal Court. Through an examination of the Rome Statute regime as well as the relevant jurisprudence, the paper argues that a shift in the way non-cooperation is dealt with is needed. The article shows both the strengths and limitations of the cooperation system. It concludes that the legal responses of the Court require consistency in order to send a coherent message to non-cooperating States. Ultimately, the article argues that in order to successfully address non-cooperation, it would be important to focus on possible synergies between the legal framework, political tools, actions that are available to States and judicial findings by the Court.

The Contribution of Female Judges to the Victim Jurisprudence of the International Criminal Court

2020 ◽  
pp. 366-388
Author(s):  
Juan-Pablo Pérez-León-Acevedo
Keyword(s):  
Human Rights ◽  
International Criminal Court ◽  
International Criminal ◽  
Legal Framework ◽  
Criminal Court ◽  
Judicial Activism ◽  
International Human Rights ◽  
International Human ◽  
Victim Participation

This chapter argues that female judges at the International Criminal Court (ICC) have made significant meaningful contributions to the ICC jurisprudence on victim matters. They have interpreted and applied the ICC legal framework on victims, have fleshed out the contours and scope of normative provisions, and have faced substantive and procedural issues on victim-witness protection, victim participation and reparations at the ICC. This chapter uses international human rights as a standard to assess the legitimacy of ICC jurisprudence. The jurisprudence on defence rights has largely sought to strike a balance between defence and victim rights. However, some jurisprudence on victims (partially) construed by female judges prompts questions on whether respect for defence rights or other ICC goals may have been compromised. It is argued that all ICC judges, including female judges, should take distance from excessive pro-victim judicial activism to fully respect defence rights, and avoid victim frustration.

Prosecutor v. Callixte Mbarushimana: Judgment on the Appeal of the Prosecutor Against the Decision of Pre-Trial Chamber I of 16 December 2011 Entitled “Decision on the Confirmation of Charges” (Int'l Crim. Ct.)

2013 ◽  
Vol 52 (2) ◽  
pp. 417-439 ◽  
Author(s):  
Ruth Frolich
Keyword(s):  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Democratic Republic ◽  
War Crimes ◽  
Trial Chamber ◽  
Criminal Court ◽  
Crimes Against Humanity ◽  
Republic Of The Congo

On May 30, 2012, the Appeals Chamber (Chamber) of the International Criminal Court (ICC) voted unanimously to dismiss the appeal of the Prosecution against the decision of the Pre-Trial Chamber not to confirm the charges against the alleged Congolese warlord Callixte Mbarushimana. The Prosecution had alleged Mbarushimana was criminally responsible under Article 25(3)(d) of the Rome Statute (Statute) for crimes against humanity and war crimes committed by members of the Forces Démocratiques de Libération du Rwanda (FDLR) in the Kivu provinces of the Democratic Republic of the Congo. The Prosecution had appealed the Pre-Trial Chamber’s decision on three separate issues, all of which were rejected.

“All Necessary and Reasonable Measures” – The Bemba Case and the Threshold for Command Responsibility

2020 ◽  
Vol 20 (2) ◽  
pp. 163-213 ◽  
Author(s):  
Martha M. Bradley ◽  
Aniel de Beer
Keyword(s):  
Central African Republic ◽  
Rome Statute ◽  
International Criminal ◽  
Democratic Republic ◽  
Criminal Responsibility ◽  
Vice President ◽  
Trial Chamber ◽  
Criminal Court ◽  
Crimes Against Humanity ◽  
Republic Of The Congo

On 21 March 2016 Trial Chamber iii of the International Criminal Court unanimously convicted the former Vice-President of the Democratic Republic of the Congo, Jean-Pierre Bemba Gombo, on the basis of the doctrine of command responsibility for crimes against humanity and war crimes committed by troops under his command in the Central African Republic from 2002 to 2003. On 8 June 2018 however, the Appeals Chamber reversed the judgment and acquitted Bemba of all charges. The Appeals Chamber held that the Trial Chamber erred in finding that Bemba failed to take all necessary and reasonable measures to prevent and repress crimes committed by his subordinates as contemplated in Article 28(a)(ii) of the Rome Statute. This article evaluates the meaning of “all necessary and reasonable measures” in the context of command responsibility and considers whether Bemba met this threshold in order to avoid incurring criminal responsibility under Article 28(a)(ii).

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.

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