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.

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.

Canada, the International Criminal Court, and the intersection of international politics and finances

2019 ◽  
Vol 74 (2) ◽  
pp. 206-224
Author(s):  
Kirsten J. Fisher ◽  
Laszlo Sarkany
Keyword(s):  
Human Rights ◽  
Public Relations ◽  
United Nations ◽  
Security Council ◽  
International Criminal Court ◽  
International Criminal ◽  
Prime Minister ◽  
Criminal Court ◽  
United Nations Security Council ◽  
Financial Resources

In 2018, Prime Minister Trudeau made two announcements regarding the International Criminal Court, both, it seems, aimed at reinforcing Canada’s claim of human rights promotion and multilateralism: Canada declared Myanmar’s actions against the Rohingya people genocide and urged the United Nations Security Council to refer the situation to the International Criminal Court, and it joined a collective referral of the Venezuela situation to the Court. As public measures of support, these are positive developments for the International Criminal Court, which has been suffering poor public relations and challenges to its legitimacy. However, Canada could do more by better supporting the financial viability of the Court. Currently, it aims to increase the Court’s workload without supporting an increased budget, as reflected in Canada’s involvement at the December 2018 Assembly of States Parties meeting. A seemingly sure way to undermine the International Criminal Court would be to add to its workload without ensuring it has the financial resources to do the work.

scholarly journals The African Union, the United Nations Security Council and the Politicisation of International Justice in Africa

2014 ◽  
Vol 7 (3) ◽  
pp. 351-379 ◽  
Author(s):  
Benson Chinedu Olugbuo
Keyword(s):  
United Nations ◽  
Security Council ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
United Nations Security Council ◽  
African Union ◽  
African Countries ◽  
The United Nations ◽  
The Relationship

There are two questions with multiple answers regarding the relationship between Africa and the International Criminal Court. The first is whether the International Criminal Court is targeting Africa and the second is if politics plays any role in the decision to investigate and prosecute crimes within the jurisdiction of the International Criminal Court. For the African Union, the International Criminal Court has become a western court targeting weak African countries and ignoring the atrocities committed by big powers including permanent members of the United Nations Security Council. The accusation by the African Union against the International Criminal Court leads to the argument that the International Criminal Court is currently politised. This is a charge consistently denied by the prosecutor of the International Criminal Court. The aim of this paper is to discuss the relationship between the United Nations Security Council, the International Criminal Court and the African Union. It articulates the role of the three institutions in the fight against impunity and the maintenance of international peace and security with reference to the African continent. The paper argues that complementarity should be applied to regional organisations and that the relationship between the African Union and the International Criminal Court should be guided by the application of positive complementarity and a nuanced approach to the interests of justice. This offers the International Criminal Court and the African Union an opportunity to develop mutual trust and result-oriented strategies to confront the impunity on the continent. The paper further argues that the power of the United Nations Security Council to refer situations to the International Criminal Court and defer cases before the Court is a primary source of the disagreement between the prosecutor and the African Union and recommends a division of labour between the International Criminal Court and the United Nations Security Council.

A Tale of Two Institutions: The United Nations Security Council and the International Criminal Court

2013 ◽  
Vol 13 (1) ◽  
pp. 147-168 ◽  
Author(s):  
Rosa Aloisi
Keyword(s):  
United Nations ◽  
Security Council ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
United Nations Security Council ◽  
The Political ◽  
Political Independence ◽  
The United Nations ◽  
The Relationship

The International Criminal Court (ICC) is a judicial body that has been created as a politically independent judicial institution to prosecute the most serious international crimes. However, the political independence of the Court has been questioned considerably in the past decade because of the relationship between the United Nations Security Council (UNSC), which has the power to refer or defer situations to the Court, and the ICC. In this work, I argue that in analyzing the relationship between the UNSC and ICC it is evident that clashing political and judicial interests have done a disservice to the implementation of international justice. I will focus on the two instances of referrals so far approved by the UNSC and highlight some of the political aspects that seem to be hindering and delaying, in spite of international pressures for UNSC attention, a referral of the situation in Syria.

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