Debate in the United Nations on the International Law Commission's Draft Statute for an International Criminal Court

1995 ◽  
Vol 64 (2) ◽  
pp. 205-221
Keyword(s):  
United Nations ◽  
International Law ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
Draft Statute ◽  
The United Nations

scholarly journals Peran Perserikatan Bangsa-Bangsa dalam Kaitannya dengan Penegakan Hukum Oleh Mahkamah Pidana Internasional (Prospek dan Tantangan)

SASI ◽  
2020 ◽  
Vol 26 (2) ◽  
pp. 251
Author(s):  
Novy Septiana Damayanti
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
International Criminal Court ◽  
International Criminal ◽  
Secondary Data ◽  
Criminal Court ◽  
International Organization ◽  
Community Interactions ◽  
The United Nations

International law in its development moves dynamically according to international community interactions. In the development of international law has spawned an international organization, namely the United Nations (UN). International courts relating to the UN status. The UN has laid the framework of the kosnstitusionic on the underlying instrument of the Charter with the determination of all the members of the UN to avoid the recurrence of World War threats that have twice occurred and have caused A threat to all mankind. THE un-formed International Criminal Court is backed by many demands for justice for its extraordinary crimes (the most serious crime). The International Criminal Court aims to end impunity for perpetrators of gross human rights violations and to give a share of the prevention of the most serious crimes against human rights under international law, as well as Ensure international justice and support the achievement of objectivesof the United Nations Charter principles. Based on the description the problem that will be discussed in this article is the role and authority of THE International Organization (PBB) in maintaining international peace and security in resolving the problems that Conducted by the International Criminal Court (ICC).This Writing uses legal research methods is normative with the research of secondary data and described descriptively.

Proposal for an International Criminal Court

1952 ◽  
Vol 46 (1) ◽  
pp. 60-72 ◽  
Author(s):  
Quincy Wright
Keyword(s):  
United Nations ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
General Assembly ◽  
Member States ◽  
Criminal Jurisdiction ◽  
Draft Statute ◽  
The United Nations

The Committee on International Criminal Jurisdiction appointed by the General Assembly of the United Nations met in Geneva in August, 1951. Its report, accompanied by a Draft Statute for an International Criminal Court, has been submitted to the, governments of Member States for comment before June 1, 1952.

An Introduction to the International Criminal Court. By William A. Schabas. [Cambridge: Cambridge University Press. 2000. xvi, 552, (Appendices) 16, (Bibliography) 39 and (Index) 17 pp. Paperback £39.95. ISBN 0–521–78790–4.]

2002 ◽  
Vol 61 (2) ◽  
pp. 463-492
Author(s):  
Ben Olbourne
Keyword(s):  
United Nations ◽  
International Law ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
Legal Issues ◽  
Cambridge University ◽  
The Creation ◽  
The United Nations ◽  
Exciting Development

Not everyone will agree with the author’s claim that the International Criminal Court (ICC) is “perhaps the most innovative and exciting development in international law since the creation of the United Nations,” (p. 20) yet the current degree of interest from academic international lawyers is undeniable. Much of this interest has been channelled into detailed and sophisticated analyses of specific provisions or themes in the ICC’s Statute. Schabas has a different aim in mind. As he states, “[t]he goal of this work is … to provide a succinct and coherent introduction to the legal issues involved in the creation and operation of the ICC, and one that is accessible to non-specialists.” (p. viii) With minor qualifications, this goal is achieved and this work is an excellent introduction to the ICC.

ACCIDENT AND DESIGN: RECOGNISING VICTIMS OF AGGRESSION IN INTERNATIONAL LAW

2021 ◽  
Vol 70 (1) ◽  
pp. 103-132
Author(s):  
Shane Darcy
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
Future Application ◽  
Political Rights ◽  
Recent Developments ◽  
Civil And Political Rights

AbstractInternational law has not traditionally recognised individuals as victims of the crime of aggression. Recent developments may precipitate a departure from this approach. The activation of the jurisdiction of the International Criminal Court over the crime of aggression opens the way for the future application of the Court's regime of victim participation and reparation in the context of prosecutions for this crime. The determination by the United Nations Human Rights Committee in General Comment No. 36 that any deprivation of life resulting from an act of aggression violates Article 6 of the International Covenant on Civil and Political Rights serves to recognise a previously overlooked class of victims. This article explores these recent developments, by discussing their background, meaning and implications for international law and the rights of victims.

The Role of UN Documentation in Shaping Narratives at the International Criminal Court and the Implications for the Rights of the Accused

2022 ◽  
pp. 1-26
Author(s):  
Anne Herzberg
Keyword(s):  
United Nations ◽  
International Criminal Court ◽  
International Criminal ◽  
International Community ◽  
Criminal Court ◽  
Close Cooperation ◽  
The United Nations ◽  
Primary Basis

Abstract The International Criminal Court (icc) is an independent treaty-based international organisation acting in close cooperation with the United Nations (UN). To that end, organs of the Court have extensively relied on UN documentation in proceedings. These materials have been used to support grounds for the exercise of jurisdiction, demonstrate legal elements of crimes, and prove matters of fact. In recent practice, including in the situations of Palestine, Bangladesh/Myanmar, and Mali, UN materials have been used to establish legal and factual matters on the primary basis that they represent the ‘views of the international community’. This paper examines the ways in which Court organs rely on UN documentation in icc proceedings. It assesses the interplay of such information with rights of the accused. The paper concludes that in order to safeguard its credibility and the fairness of the proceedings, the Court should adopt specific guidelines relating to the evaluation of and admissibility of UN materials.

I. The Preparatory Commission for the International Criminal Court

2001 ◽  
Vol 50 (2) ◽  
pp. 420-435 ◽  
Author(s):  
Colin Warbrick ◽  
Dominic McGoldrick ◽  
Christine Byron ◽  
David Turns
Keyword(s):  
United Nations ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
The United Nations ◽  
Take All

The Preparatory Commission (PrepCom) was established by Resolution F of the Final Act of the United Nations Conference of Plenipotentiaries on the Establishment of an International Criminal Court (ICC). Under this resolution the PrepCom is intended to “take all possible measures to ensure the coming into operation of the International Criminal Court without undue delay”, and “to make the necessary arrangements for the commencement of [the Court's] functions”.1

Part 13 Final Clauses: Clauses Finales, Art.126 Entry into force/Entrée en vigueur

2016 ◽  
Author(s):  
Schabas William A
Keyword(s):  
United Nations ◽  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Criminal Court ◽  
Secretary General ◽  
The United Nations

This chapter comments on Article 126 of the Rome Statute of the International Criminal Court. Article 126 deals with the entry into force of the Rome Statute. The Statute entered into force on the first day of the month after the sixtieth day following the date of the deposit of the sixtieth instrument of ratification, acceptance, approval, or accession with the Secretary-General of the United Nations, that is, on July 1, 2002. For States that ratify, accept, approve, or accede after the entry into force of the Statute, it will enter into force for them on the first day of the month after the sixtieth day following the deposit of instruments of ratification, acceptance, approval, or accession.

Part 13 Final Clauses: Clauses Finales, Art.127 Withdrawal/Retrait

2016 ◽  
Author(s):  
Schabas William A
Keyword(s):  
United Nations ◽  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Criminal Court ◽  
The State ◽  
Secretary General ◽  
State Party ◽  
The United Nations ◽  
One Year

This chapter comments on Article 127 of the Rome Statute of the International Criminal Court. Article 127 addresses the withdrawal of a State Party from this Statute. A State may withdraw from the Rome Statute by providing a written notification to the depositary, the Secretary-General of the United Nations. The withdrawal takes effect one year after receipt of the notification by the Secretary-General, unless a later date is specified. There have been no notifications of withdrawal from the Rome Statute. The Statute does not indicate whether a notice of withdrawal can itself be withdrawn, thereby returning the State to ordinary status as a Party. Withdrawal does not affect the continuation of the Statute with respect to other States Parties, even if the number of them falls below the threshold of sixty.

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