Technology as a Key Tool for the Prosecution of International Crimes: Lessons from Uganda

2021 ◽  
pp. 1-25
Author(s):  
Tonny Raymond Kirabira
Keyword(s):  
International Criminal ◽  
Qualitative Interviews ◽  
Criminal Court ◽  
Empirical Literature ◽  
Digital Evidence ◽  
Work Experiences ◽  
International Crimes ◽  
Use Of Technology ◽  
Complementarity Approach

Abstract This article uses the context of Uganda to examine the role of technology in the prosecution of international crimes. It uses the International Criminal Court (icc)complementarity framework to analyse two cases — Dominic Ongwen and Thomas Kwoyelo, exploring a question — whether the use of technology enhances the icc’s positive complementarity approach? The article draws substantially from the review of empirical literature, qualitative interviews and the author’s work experiences at the two sites of justice - Uganda and The Hague. The article reveals a practical overlap between the two sites of justice in the use of digital evidence and witness protection. It is argued that use of technology enhances the criminal trial procedures, victims’ rights and the legitimacy of the courts. It is equally argued that the use of technology has the potential to enhance the icc’s complementarity approach. The article contributes to current debates about the role of technology in international criminal justice.

THE MAIN ROLE OF PROSECUTOR OFFICE IN THE FIELD OF INVESTIGATION OF INTERNATIONAL CRIMES INCLUDING JURISDICTION OF İNTERNATIONAL CRIMINAL COURT AND THE MAIN CHARACTER OF COOPERATION AGREEMENT BETWEEN THE INTERPOL AND PROSECUTOR OFFICE

2020 ◽  
Vol 56 (07) ◽  
pp. 56-59
Author(s):  
Farid Ziyat Ahmadov ◽  
Keyword(s):  
20Th Century ◽  
International Criminal Court ◽  
International Criminal ◽  
International Crime ◽  
Criminal Court ◽  
Main Role ◽  
Main Character ◽  
Cooperation Agreement ◽  
International Crimes

The fight against international crime has been a serious problem for states, especially since the second half of the 20th century. One of the most effective organizations in the fight against this is the International Criminal Court. One of the main bodies of the International Criminal Court is the Prosecutor Office. The article describes the main tasks of Prosecutor Office, the main features of the candidates for this position, the grounds for appointment and dismissal, the main functions of collecting evidence used in the investigation of international crimes and the main features of the cooperation agreement between Interpol and the Prosecutor Office. Key words: fight against international crimes, prosecutor office, evidence, investigation of crimes, cooperation agreement

scholarly journals Can the International Criminal Court Deter Atrocity?

2016 ◽  
Vol 70 (3) ◽  
pp. 443-475 ◽  
Author(s):  
Hyeran Jo ◽  
Beth A. Simmons
Keyword(s):  
International Relations ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
International Affairs ◽  
Human Rights Abuses ◽  
Systematic Assessment ◽  
International Crimes ◽  
Rebel Groups

AbstractWhether and how violence can be controlled to spare innocent lives is a central issue in international relations. The most ambitious effort to date has been the International Criminal Court (ICC), designed to enhance security and safety by preventing egregious human rights abuses and deterring international crimes. We offer the first systematic assessment of the ICC's deterrent effects for both state and nonstate actors. Although no institution can deter all actors, the ICC can deter some governments and those rebel groups that seek legitimacy. We find support for this conditional impact of the ICC cross-nationally. Our work has implications for the study of international relations and institutions, and supports the violence-reducing role of pursuing justice in international affairs.

scholarly journals Accounting for Crimes: The Role of International Criminal Tribunals in Effectively Addressing Impunity

Refuge ◽  
1998 ◽  
pp. 14-20
Author(s):  
Iris Almeida
Keyword(s):  
International Criminal ◽  
Criminal Court ◽  
International Crimes ◽  
International Criminal Tribunals ◽  
Post Conflict ◽  
Lasting Peace ◽  
Practical Reality ◽  
International Rule

In this paper, the author examines the ways in which accountability for international crimes could become a practical reality. She takes the position that "impunity" is inimical both to justice, and to lasting peace and democracy in post-conflict societies and proposes a conceptual framework for the international rule of law as an alternative. She also argues that a strong, independent and permanent International Criminal Court (ICC) would ensure the kind of universal enforcement of international law that will lead to a progressive, long-term reduction of human rights violations.

The Moral Legacy of the ICTY

2020 ◽  
pp. 62-68
Author(s):  
Miguel de Serpa Soares
Keyword(s):  
International Criminal Court ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Criminal Court ◽  
International Justice ◽  
International Crimes ◽  
Accountability System ◽  
Age Of Accountability ◽  
Moral Legacy

The chapter sets the International Criminal Tribunal for the former Yugoslavia (ICTY) legacy into context from a broader UN perspective. It shows that ideas of morality and responsibility are fundamental to the establishment of the ICTY and a cornerstone of the ‘age of accountability’. The chapter argues that the ICTY had a pioneering role in shaping discourse on international justice and serious international crimes and institutional developments, ranging from the Special Court for Sierra Leone (SCSL) to the International, Impartial and Independent Mechanism (IIIM). It discusses four challenges that are fundamental to the development of an international accountability system: the financing of international criminal court and tribunals; the length of proceedings; the development of governance mechanisms; and the centrality of the role of victims. The chapter concludes that, in an ideal world, institutions such as the ICTY would not be needed. However, until such a time arrives, the legacy of the ICTY can provide important insights on building domestic capacity and guiding other international tribunals.

سلطات مجلس الأمن تجاه المحكمة الدولية الجنائية

2019 ◽  
Vol 7 (2) ◽  
Author(s):  
Abd Alghafoor Saleh Mohammed ◽  
Yahya Salih Mohammed
Keyword(s):  
Security Council ◽  
International Criminal Court ◽  
International Criminal ◽  
Descriptive Analysis ◽  
Criminal Court ◽  
Criminal Courts ◽  
International Crimes ◽  
Political Group ◽  
The Relationship

The Security Council is one of the main organs of the United Nations, and according to its convention, this organ has been authorized with many main tasks, so as to maintain peace and international security, out of which the establishment of International Private Courts or what is called Temporary Courts to prosecute those accused of committing international crimes. With the absence of international judiciary at that time, and after the establishment of the International Criminal Court, the relationship between the two was under consideration, especially with regard to the role of the Security Council and its authority in the referral of international crimes to the Criminal Courts and the extent to which this condition is mandatory, where a lot of discussion were held among the delegations participating in the Rome Conference that established the International Criminal Courts system in 1998, in supporting the inclusion of the role of a political organ represented by the Security Council in the procedures of an international judicial organ represented by the International Criminal Court, where the court is supposed to be independent in doing its judicial function away from politicization. The study aims to clarify the relationship between these two organs and the extent of the obligation to refer crimes by the Security Counsel to the International Criminal Court. The methodology used in this research are descriptive analysis to extrapolate the texts and legal materials related to the subject of the research, and analyse all that in order to reach results of the research. The results of the study showed that the Security Council - based on chapter VII of the convention- consists of many deterrent sanctions, starting with economic sanctions and ending with military deterrence. Although, the separation between them achieves the independence of the international judiciary and ensures that no foreign political group interferes or controls the court, which is intended to be independent and free to ensure the application of the international law.

Conclusion

2017 ◽  
Author(s):  
Charles Chernor Jalloh ◽  
Ilias Bantekas
Keyword(s):  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
African Union ◽  
International Crimes ◽  
National Implementation ◽  
Un Security Council ◽  
Heads Of State ◽  
The Relationship

Africa has been at the forefront of contemporary global efforts towards ensuring greater accountability for international crimes. This work analyses the relationship and tensions between the International Criminal Court (ICC) and Africa. It traces the origins of the confrontation between African governments, acting individually or within the framework of the African Union, and the permanent Hague-based ICC. Topics examined include Africa, the ICC, and universal jurisdiction; the controversial use of the Prosecutor’s proprio motu power to initiate investigations in Africa; national implementation of the ICC statute in Africa; the complementarity principle; the sequencing of justice and peace; the question of immunity of sitting heads of state; the controversial role of the UN Security Council in referring and deferring situations under ICC investigation; the role of African domestic and traditional courts in the fight against impunity; and the recent withdrawal of some African states parties from the ICC.

Arab States and the Role of Islam in the International Criminal Court

2005 ◽  
Vol 53 (1) ◽  
pp. 143-161 ◽  
Author(s):  
Steven C. Roach
Keyword(s):  
International Law ◽  
Cultural Adaptation ◽  
International Criminal ◽  
Islamic Law ◽  
Criminal Court ◽  
State Repression ◽  
International Crimes ◽  
Arab States ◽  
The Relationship

This article assesses the various disagreements between Arab and western states that surfaced at the 1998 Rome Conference and Preparatory Commission. It also discusses the relationship between state repression and cultural adaptation by examining the undeveloped domestic criminal systems of Arab states and the ambiguous role played by shariah (Islamic law) in the constitutions of many of them. It argues two main points: that more mutual accommodation will be needed to resolve these and future conflicts between Islamic and international law; and that such conflicts between the ICC and Arab states expose the need for further cultural adaptation to the ICC Statute. It is out of this process of cultural adaptation that the relationship between Islam and serious international crimes will evolve.

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