Why Is The Hague Sitting on the Fence in Prosecuting Boko Haram Terrorism in Nigeria?

2021 ◽  
pp. 1-23
Author(s):  
Chijioke Egwu Ekumaoko ◽  
Kenneth Igbo Nwokike ◽  
Ozioma Victoria Uchime ◽  
Ikenna Ukpabi Unya ◽  
Emmanuel Obiahu Agha
Keyword(s):  
International Criminal Court ◽  
International Criminal ◽  
Methodological Approach ◽  
Legal Framework ◽  
Criminal Court ◽  
Boko Haram ◽  
Security Forces ◽  
Preliminary Examination ◽  
The Hague ◽  
Legal Barriers

Abstract On 18 November, 2010 a preliminary examination of the situation in Nigeria was announced and for almost a decade, investigation has not yet begun. Ten potential cases have been identified, seven for Boko Haram and three for Nigerian Security Forces (NSF). This article investigates whether issues of complementarity and admissibility provide any legal barriers capable of withholding investigation; and whether granting national amnesty to Boko Haram can hinder investigation and prosecution by the International Criminal Court. It employs a qualitative methodological approach for investigation and evaluation regarding the issues discussed. It argues that the situation in Nigeria has met the entire legal framework for investigation and prosecution to proceed and that the arrest of Abubakar Shekau, Abu Musab AlBarnawi, and Abu Abdullahi Ibn Umar al-Barnawi, the Boko Haram leaders will weaken the group, and provide the needed external help and intervention desired to end the terrorism.

Sexual Slavery and Members of a Terrorist Group – What is the Future of the 'Boko Haram' Trial at the International Criminal Court?

2020 ◽  
Vol 1 (2) ◽  
pp. 229-253
Author(s):  
Michala Chadimova
Keyword(s):  
Human Trafficking ◽  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Criminal Court ◽  
Boko Haram ◽  
Sexual Slavery ◽  
Preliminary Examination ◽  
The Subject ◽  
Principle Of Complementarity

Crimes committed by the members of Boko Haram in Nigeria are not only the subject of national trials but also of preliminary examination at the International Criminal Court (ICC). This article focuses on the sexual slavery perpetrated by Boko Haram, describes how the crimes are viewed within the national Nigerian criminal process and addresses the possibility of prosecution of the crimes at the ICC.<br/> This article analyses the legal terminology used to describe the crimes connected to Boko Haram – enslavement, sexual slavery, human trafficking and terrorism – and their interaction. While providing an overview of the ICC's current preliminary examination into the situation in Nigeria, this article discusses how the principle of complementarity is potentially holding the OTP back from the formal investigation.<br/> Furthermore, an overview of cases at the ICC that have involved charges of sexual slavery or enslavement will be provided. By analysing the Court's findings in relation to elements of sexual slavery, this article provides an insightful view into the Court's rhetoric on this crime. Similarly, this article discusses modes of liability that have been employed in the Katanga/Chui and Ntaganda cases and provides a learning opportunity for future cases of sexual slavery as both a crime against humanity (Article 7(1)(g) of the Rome Statute) and a war crime (Article 8(2)(e)(vi) of the Rome Statute; 8(2)(b)(xxii) of the Rome Statute).

scholarly journals Managing Frozen Assets at the International Criminal Court

2020 ◽  
Vol 18 (3) ◽  
pp. 765-790
Author(s):  
Daley J Birkett
Keyword(s):  
International Criminal Court ◽  
International Criminal ◽  
War Crimes ◽  
Legal Framework ◽  
Trial Chamber ◽  
Criminal Court ◽  
Crimes Against Humanity ◽  
The Hague

Abstract On 8 June 2018, more than 10 years after his arrest, the Appeals Chamber of the International Criminal Court (ICC) reversed Jean-Pierre Bemba Gombo’s conviction by the Trial Chamber for crimes against humanity and war crimes, acquitting him of all charges. Soon after the start of his time in detention in The Hague, assets belonging to Bemba were frozen by states across a number of jurisdictions at the request of the ICC. Many of these assets remain frozen, more than 18 months after his acquittal. This article examines the consequences of prolonged asset freezes by the ICC through the lens of the Bemba case, demonstrating the existence of gaps in the legal framework applicable to the management of frozen assets under the ICC Statute system and suggesting possible responses thereto at the domestic and international levels.

State of Exception

2020 ◽  
Author(s):  
Ardi Imseis
Keyword(s):  
International Criminal Court ◽  
International Criminal ◽  
Trial Chamber ◽  
Criminal Court ◽  
State Of Exception ◽  
Critical Examination ◽  
Territorial Jurisdiction ◽  
Preliminary Examination ◽  
Occupied Palestinian Territory ◽  
Palestinian Territory

Abstract In December 2019, the Prosecutor of the International Criminal Court concluded her preliminary examination into the situation in Palestine, determining there is a reasonable basis to initiate an investigation into the situation. Instead of doing so, she first decided to seek a ruling from the Pre-Trial Chamber on the scope of the Court’s territorial jurisdiction, specifically aimed at confirming her view that the ‘territory’ over which the Court may exercise its jurisdiction comprises the Occupied Palestinian Territory (OPT). This article focuses on the amici curiae observations and other communications made by eight states parties in the proceedings — Australia, Austria, Brazil, Canada, Czech Republic, Germany, Hungary and Uganda. A critical examination of these observations and communications reveals that they did not answer the question posed by the OTP, but rather advanced a number of strained arguments aimed, inter alia, at impugning the very notion that the Court has any jurisdiction at all on the basis that Palestine is not a state. When juxtaposed against the ostensible commitment of these states parties to the object and purpose of the Statute, their observations and other communications reveal a conspicuous hypocrisy. If accepted by the Court, these observations and communications would operate to not only affirm the continued contingency of the state of Palestine on the international plane, but, even worse, to shield persons known to have committed or be committing crimes of the gravest concern to the international community with impunity.

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.

Updating the Authentication of Digital Evidence in the International Criminal Court

2021 ◽  
pp. 1-24
Author(s):  
Rafael Braga da Silva
Keyword(s):  
Capacity Building ◽  
International Criminal Court ◽  
Management System ◽  
International Criminal ◽  
Legal Framework ◽  
Criminal Court ◽  
Digital Evidence

Abstract This paper discusses the issue of authenticity of digital evidence in the icc. While some types of digital evidence have been used at the icc, some challenges persist. icc Chambers have used old methods of verifying the authenticity of physical documents to analyze pieces of digital evidence. These practices do not fully grasp the issue of authenticity in relation to a piece of digital evidence, which may require specific practices and technologies. This paper discusses how icc judges can update its practices in order to address such issue. With an ever-growing use of digital evidence in its courtroom, it is essential for icc Judges to develop solid practices that allow them to fully examine the authenticity of a piece of digital evidence. This paper claims that such adaptations may require capacity-building for judges, as well as changes in the evidence management system and in the icc legal framework.

ICC POLICY ON CHILDREN: OVERVIEW

2017 ◽  
Author(s):  
Katarina Bebiya ◽  
Keyword(s):  
Armed Conflict ◽  
International Criminal ◽  
Legal Framework ◽  
Criminal Court ◽  
Practical Significance ◽  
Criminal Prosecution ◽  
International Crimes ◽  
Preliminary Examination ◽  
Essential Components ◽  
The Impact

The article examines the basics of the International Criminal Court (ICC) Prosecutor's activity concerning children, set out in a document entitled "Policy on Children" issued in 2016 (hereinafter - Policy). The Policy has made a significant contribution to the development of international criminal prosecution of persons responsible for harming children during an armed conflict or a situation of violence. The ICC's policies and practice primarily consider the interests of children who have been victims of international crimes or who interact with the ICC as witnesses. The author draws attention to the fact that the Policy reflects the personal jurisdiction of the ICC, according to which the Court prosecutes only persons who have reached 18 years. Therefore, younger children involved in international crimes are considered victims of the ICC regardless of their motives. The author demonstrates how the essential components of international criminal justice - complementarity and promotion of the interests of victims - find their practical significance in the Policy. These principles are fundamental at the stage of the ICC's preliminary examination of a situation where the Prosecutor takes special care to assess the impact of a particular context of armed conflict or violence on the rights and interests of children. It is crucial to respect the interests of the child at the stage of investigation when the Court interacts with children victims and children witnesses. The author shows that the Policy has fully absorbed the international legal framework of justice for children, in particular those developed within the UN, and focused on providing necessary guarantees to children victims and children witnesses, taking into account their vulnerability and special needs. An analysis of the Court's case-law shows that analysing the ICC's decisions in cases where children have been victims of international crimes, the guaranteeing of the children victims’ rights to reparations remains a pressing issue and challenge for the ICC.

From Classroom to a Criminal Courtroom

2021 ◽  
pp. 31-38
Author(s):  
Theodor Meron
Keyword(s):  
International Criminal Court ◽  
International Criminal ◽  
Legal Framework ◽  
Criminal Court ◽  
Ethical Conduct ◽  
Reasonable Doubt ◽  
International Courts ◽  
International Crimes ◽  
The Core ◽  
Criminal Courtroom

This chapter discusses the author’s transition from being a teacher to being an international criminal Judge. The life of a Judge is much more circumscribed by rules and traditions than the life of a teacher. Both national and international courts have typically adopted codes of professional and ethical conduct, which often include or are accompanied by disciplinary rules to ensure compliance and accountability. It is important to understand that the core mandate of an international criminal court is to try individuals within a governing legal framework and to determine whether—given the specific evidence presented and admitted by the court—the responsibility of an individual accused of international crimes has been established beyond reasonable doubt. The chapter then recounts the author’s experience as an international criminal Judge and assesses whether academics make good criminal Judges.

Rome’s Legacy: Negotiating the Reparations Mandate of the International Criminal Court

2017 ◽  
Vol 17 (2) ◽  
pp. 351-377 ◽  
Author(s):  
Christoph Sperfeldt
Keyword(s):  
Criminal Justice ◽  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Legal Framework ◽  
Criminal Court ◽  
International Criminal Justice ◽  
Fresh Perspective ◽  
Rules Of Procedure ◽  
Victim Reparations

This article examines the negotiations that led to the incorporation of reparations provisions into the legal framework of the International Criminal Court (icc). Building upon a review of the travaux préparatoires and interviews, it traces the actors and main debates during the lead-up to the Rome Conference and the drafting of the Rules of Procedure and Evidence, explaining how and why reparations were included into the Rome Statute. In doing so, the article shows how the reparations mandate was produced at the intersection of a set of different agendas and actors. From this account, it identifies a number of key themes that were at the centre of the negotiations and often galvanised contestations among delegations or with ngos. The article concludes with a fresh perspective on the origin of victim reparations in the Rome Statute and its relevance for understanding many of today’s debates around reparations in international criminal justice.

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