Victims’ Proactive Role in the Evidence-Gathering Process at the icc: Toward an Expressivist Justice Model

2021 ◽  
pp. 1-23
Author(s):  
Alessandra Cuppini
Keyword(s):  
Rome Statute ◽  
International Criminal ◽  
Active Role ◽  
Criminal Court ◽  
Historical Records ◽  
Legal Certainty ◽  
Justice Model ◽  
Evidence Gathering ◽  
Fair Degree

Abstract The Rome Statute (rs) of the International Criminal Court (icc) failed to reach a fair degree of legal certainty for the role of victims, leaving the task of defining the scope of their participation to the Chambers. As result, the Court allowed victims to present and examine evidence on their initiative. However, no effort has been made, either at the icc or in the scholarship, to provide a justification for this modality of victims’ participation. This article posits that the icc’s approach to victims’ active role in the evidence-gathering process is key for expressivist purposes, which see victims as a crucial constituency of the trial, able to contributing to conveying disavowal of the atrocities committed, crafting historical records and reinforcing the respect for basic human rights. An expressivist foundation for this modality of victims’ participation has the potential to reinvigorate our understanding of the evidence-gathering process at the icc.

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.

Systematic and Casuistic Approaches to the Role of Victims in Criminal Proceedings Before the International Criminal Court

2009 ◽  
Vol 12 (4) ◽  
pp. 513-528
Author(s):  
Hééctor Oláásolo
Keyword(s):  
Present Article ◽  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Criminal Court ◽  
Criminal Proceedings ◽  
Specific Manner ◽  
Critical Issues

The scope of victims' participation at the investigation stage of a situation and throughout case-related proceedings is today one of the critical issues before the ICC. The key provision on this matter is Article 68(3) of the Rome Statute. This provision entrusts the ICC Chambers with the discretion to determine (i) when victims can participate in ICC proceedings and (ii) the specific manner in which such participation can take place. The present article, which is written against the backdrop of the first Review Conference scheduled for next year pursuant to Article 121(1) of the Rome Statute, focuses on the systematic and casuistic approaches adopted so far by different ICC chambers in shaping, pursuant to Article 68(3) of the Statute, the role of victims at the investigation stage of a situation and in case-related proceedings.

Part 10 Enforcement: Exécution, Art.103 Role of States in enforcement of sentences of imprisonment/Rôle des États dans l’exécution des peines d’emprisonnement

2016 ◽  
Author(s):  
Schabas William A
Keyword(s):  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Criminal Court ◽  
The State ◽  
Rules Of Procedure

This chapter comments on Article 103 of the Rome Statute of the International Criminal Court. Article 103 deals with State enforcement of sentences. The enforcement regime of the International Criminal Court is premised on three broad principles: sentences are served in the prison facilities of States and are subject to their laws; enforcement of the sentence is subject to the supervision of the Court; and the sentence imposed by the Court is binding upon the State of enforcement. The provisions of the Statute governing enforcement are quite succinct, and much of the detail on the issue appears in the Rules of Procedure and Evidence.

Part 6 The Trial: Le Procès, Art.76 Sentencing/Prononcé de la peine

2016 ◽  
Author(s):  
Schabas William A
Keyword(s):  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Trial Chamber ◽  
Criminal Court ◽  
Form Part ◽  
The Individual ◽  
Individual Role

This chapter comments on Article 76 of the Rome Statute of the International Criminal Court. Article 76 governs the imposition of sentence in the event of a conviction. If the accused is convicted, the Trial Chamber is required to establish the ‘appropriate sentence’. In so doing, the Statute instructs it to consider the evidence presented and submissions made during the trial that are relevant to the sentence. Mitigating and aggravating factors relating to the commission of the crime itself, such as the individual role of the offender and of the treatment of the victims, will form part of the evidence germane to guilt or innocence and thus appear as part of the record of the trial.

Part 5 Investigation and Prosecution: Enquête Et Poursuites, Art.59 Arrest proceedings in the custodial State/Procédure d’arrestation dans l’état de détention

2016 ◽  
Author(s):  
Schabas William A
Keyword(s):  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Trial Chamber ◽  
Criminal Court ◽  
Arrest Warrant ◽  
Article 59

This chapter comments on Article 59 of the Rome Statute of the International Criminal Court. Article 59 requires that the custodial State ‘act expeditiously in the surrender of persons subject to an arrest warrant issued by the Court’. By exhaustively listing the issues which the custodial State shall examine, article 59 also safeguards the competence and decisions of the Court, most notably by preventing national authorities from examining the validity of the warrant of arrest. Unlike most provisions of the Rome Statute, article 59 is likely to be read, interpreted, and applied by national judges. Combined with national implementing legislation, they will put into effect the obligations of arrest, the verification of the conditions under which it was carried out, and the granting of interim release. The role of the Pre-Trial Chamber ‘with respect to proceedings under article 59 of the Statute is limited to verifying that the basic safeguards envisaged by national law have been made available to the arrested person’.

Part 5 Investigation and Prosecution: Enquête Et Poursuites, Art.56 Role of the Pre-Trial Chamber in relation to a unique investigative opportunity/Rôle de la chambre préliminaire dans le cas où l’occasion d’obtenir des renseignements ne se présentera plus

2016 ◽  
Author(s):  
Schabas William A
Keyword(s):  
International Criminal Court ◽  
Rome Statute ◽  
Special Function ◽  
International Criminal ◽  
Trial Chamber ◽  
Criminal Court

This chapter comments on Article 56 of the Rome Statute of the International Criminal Court. Article 56 provides an exceptional mechanism by which evidence may be collected under judicial oversight and then made available at trial. It authorizes the Pre-Trial Chamber to ‘take such measures as may be necessary to ensure the efficiency and integrity of the proceedings and, in particular, to protect the rights of the defence’. Thus, the focus is on ensuring that the interests of the defence are protected at a stage that may arise even before a defendant has been identified. However, the benefits of article 56 are not reserved to evidence helpful to the defence. The special function of article 56 can be invoked by the Prosecutor or by the Pre-Trial Chamber itself, acting on its own initiative.

scholarly journals Assessment of the International Criminal Court’s Prosecutor Role in Darfur Crisis, Sudan (the case of Omer Al-Bashir)

2019 ◽  
Vol 6 (3) ◽  
pp. 1034
Author(s):  
Worku Dibu ◽  
Abtewold Moges
Keyword(s):  
Rome Statute ◽  
International Criminal ◽  
Criminal Court ◽  
National Courts ◽  
Rebel Groups ◽  
Major Interest ◽  
The World ◽  
International Laws ◽  
Human Rights Violation

In various countries throughout the world when rebel groups make an attack on innocent civilian and commit gross human rights violation, it is not punishable by the national courts.  However, in 1998 a grounding breaking idea turned into reality, and 50 years of debate ended as the first International Criminal Court was established as a result of the Rome Statute. The Court entertains or investigates different crimes which are committed in its member’s sates across the world. However, the writers of this paper prefer the situation in Darfur; the case of Al Basher is selected as a context to discuss the role of the ICC Prosecutor. This is mainly preferred because Sudan has been the first situation referred by the Security Council since the ICC was established and the state concerned Sudan is not a party to the Rome Statute, therefore this situation has its particularities compared with others.  In spite of this a lot of controversies and misconceptions are being witnessed on the understandings and implementation of international laws in Africa between ICC and African leaders. Basically, the controversy and misconception is not something emanates from the vacuum rather they are generated from various prevailing thoughts. African states accuse ICC as a neo colonialist institution targeting African leaders in addition to alleging ICC as playing double standard role in African and the rest of the world for instance ICC prosecution till now only in Africa in spite of Israel-Palestine and Afghanistan where the western countries have major interest from the conflict. Hence, the analysis of role the International Criminal Court’s Prosecutor in Darfur Crisis, Sudan (the case of Omer Al-Bashir) is centered in line with main objective of the establishing Rome Statue in July 2002 which thrives that all member states of UN have to have the same standard in their respective territories. 

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’.

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