The International Criminal Court in an Effective Global Justice System

2018 ◽  
pp. 366-369
Keyword(s):  
International Criminal Court ◽  
Justice System ◽  
Global Justice ◽  
International Criminal ◽  
Criminal Court

An Attempt to Prosecute: The Muslim Brotherhood’s Communication to the International Criminal Court Relating to the Alleged Crimes in Egypt

2015 ◽  
Vol 15 (4) ◽  
pp. 733-762
Author(s):  
Hossam ElDeeb
Keyword(s):  
Criminal Justice ◽  
International Criminal Court ◽  
Justice System ◽  
Rome Statute ◽  
International Criminal ◽  
Muslim Brotherhood ◽  
Criminal Court ◽  
Political Debates ◽  
Legal Position ◽  
The Muslim Brotherhood

The article analyses a communication submitted by the Muslim Brotherhood group (mb) to the International Criminal Court (icc) relating to alleged crimes in Egypt. After the ousting of Morsi, hundreds of Morsi supporters were killed during the dispersal of two sit-in camps. The mb lawyers argued that the ousted, Morsi, is still the legitimate president of Egypt and hence can accept the Court’s jurisdiction pursuant to Article 12(3) of the Rome Statute. It is argued that such controversial communications submitted to the Court have serious implications other than the intended purpose of communications. The article briefly reviews the situation of Egypt’s criminal justice system in relation to the alleged crimes and the legal position of the mb, then analyses the scope of Article 12(3) before it critically argues that the communication submitted to the icc was for political gain and the Court should restrain itself from entering into political debates.

International Criminal Court

2015 ◽  
Vol 3 (9) ◽  
pp. 41-51
Author(s):  
Charles B.A Ubah ◽  
Osy E. Nwebo
Keyword(s):  
Human Rights ◽  
International Criminal Court ◽  
Justice System ◽  
International Criminal ◽  
Criminal Court ◽  
Crimes Against Humanity ◽  
Human Rights Abuses ◽  
National Courts ◽  
Domestic Jurisdiction ◽  
National Governments

The principle of domestic jurisdiction in international law makes national governments responsible for protecting their citizens, investigating alleged abuses of human rights in their countries and bringing the perpetrators to justice. They governments may also extradite those accused of abuse of human rights to any other states prepared to give them a fair trial. Problem arises however, when governments are unable or unwilling to perform this duty or are themselves perpetrators of these crimes. Thus, millions of people have fallen victims of genocide, crimes against humanity and serious violations of humanitarian laws. But only very few of these perpetrators have been brought to justice in national courts as many governments claim sanctuary under the principle of domestic jurisdiction. The need therefore arises for the international community to act in order to protect helpless or defenseless citizens from being victims of crimes against humanity and human rights abuses, by bringing the perpetrators of these crimes to justice. The thrust of this article therefore, is that the creation of the International Criminal Court (ICC) fills this void by fulfilling a central and pivotal goal in international jurisprudence. This article, therefore, provides insights and lessons into the history and prospects of the International Criminal Court. These are insights and lessons that are too important and too costly to ignore in the 21st century understanding of international criminal justice system.

Africa Against Global Justice? Stakes for Building a Political Sociology on the Future of International Criminal Justice

2020 ◽  
pp. 217-230
Author(s):  
Sara Dezalay
Keyword(s):  
Criminal Justice ◽  
International Criminal Court ◽  
Global Justice ◽  
International Criminal ◽  
Weak Field ◽  
Criminal Court ◽  
International Criminal Justice ◽  
African Continent ◽  
New Haven ◽  
Over Time

This chapter challenges current debates in global justice and the fight against impunity. Shifting the lens from the symbolism of global justice towards the structural conditions that have shaped international criminal justice as a field over time can help reposition the Habré success story not simply as an anomaly in a context of wider backlash against the International Criminal Court (ICC), but rather as a reflection of the structure of global justice as a weak field. The chapter then discusses the need to study systematically the evolution of legal markets on the African continent. In this, the project to institute a criminal chamber within the African Court of Justice and Human Rights has perhaps been too promptly dismissed as overly ambitious due to the lack of resources and state support within the African Union (AU). Interestingly, this project includes not only the crimes under the purview of the ICC, but also various other trans-border crimes such as trafficking, corruption, and the illicit exploitation of resources. The prominence taken in recent years by Africa as a new ‘mining frontier’—and with it, as a new haven for US and UK multinational corporate firms—underscores the timeliness of opening research paths on these ongoing transformations across the continent.

The International Criminal Court: A Pipe Dream to End Impunity?

2013 ◽  
Vol 13 (1) ◽  
pp. 191-209 ◽  
Author(s):  
Dawn L. Rothe ◽  
Victoria E. Collins
Keyword(s):  
International Criminal Court ◽  
Justice System ◽  
International Criminal ◽  
Criminal Court ◽  
Crimes Against Humanity ◽  
Case Examples ◽  
Post Conflict ◽  
Conflict Situations ◽  
Pipe Dream ◽  
Insight Into

The prospects of the emerging international criminal justice system, namely the International Criminal Court, serving as a catalyst to end impunity of those most responsible for crimes against humanity, war crimes, genocide, and massive violations of human rights, remains bleak given four underlying factors: the ideology of deterrence that undergirds the system, jurisdictional limitations, the backlash of its involvement in and issuance of arrest warrants during highly contentious conflicts. This article offers some insight into these issues and the obstacles they present to the success of the International Criminal Court in ending impunity and future cases of such criminality. We begin by discussing the International Criminal Court followed by the ideology of deterrence and issues associated with the Court’s jurisdiction. We then draw on two case examples, namely Uganda and Columbia, to discuss the challenges to involvement in ongoing conflicts and post-conflict situations.

The Lord’s Resistance Army Case: Uganda’s Submission of the First State Referral to the International Criminal Court

2005 ◽  
Vol 99 (2) ◽  
pp. 403-421 ◽  
Author(s):  
Payam Akhavan
Keyword(s):  
International Criminal Court ◽  
Global Justice ◽  
International Criminal ◽  
Criminal Court ◽  
National Interests ◽  
Lord's Resistance Army ◽  
Peaceful Settlement ◽  
Litmus Test ◽  
First Time ◽  
Lord’S Resistance Army

On December 16, 2003, Uganda referred the situation concerning the Lord's Resistance Army (LRA) to the prosecutor of the International Criminal Court (ICC). It was the first time that a state party had invoked Articles 13(a) and 14 of the Rome Statute in order to vest the Court with jurisdiction.For both Uganda and the ICC, the case presented an important opportunity. For Uganda, the referral was an attempt to engage an otherwise aloof international community by transforming the prosecution of LRA leaders into a litmus test for the much celebrated promise of global justice. Since 1986, LRA atrocities have wreaked havoc on the Acholi people of northern Uganda. Given the absence of any vital national interests, influential states have not been inclined either to pressure Sudan to stop harboring the LRA or to help government forces confront the insurgents. Instead, the burden was placed on Uganda to negotiate a peaceful settlement with a ruthless, cult-like insurgency. The imprimatur of international criminal justice, sought through the referral to the ICC, was a means of thrusting this long-forgotten African war back onto the international stage.

Conflict Actors and the International Criminal Court in Colombia

2020 ◽  
Author(s):  
Hyeran Jo ◽  
Beth A Simmons ◽  
Mitchell Radtke
Keyword(s):  
International Criminal Court ◽  
Global Justice ◽  
International Criminal ◽  
Criminal Court ◽  
Institutional Changes ◽  
Preliminary Examination ◽  
The Social

Abstract To answer the symposium’s thematic question — ‘Who’s afraid of the International Criminal Court?’ — we offer an explanation as to how deterrence might work in the case of the International Criminal Court’s (ICC) preliminary examination cases. We argue that, as long as conflict actors are aware of the Court’s influence and wary of the social and political repercussions associated with the broader anti-impunity norm, the Court can exert influence on the conflict actors’ behaviour. We examine and trace these actors’ responses to ICC’s actions during the Colombian conflict, the ICC’s longest running preliminary examination case. The analysis demonstrates that over the course of the conflict’s history, the main belligerents were not necessarily afraid of the Court, but they were aware and wary of the ICC’s influence, and that in turn, this caution reshaped their conflict behaviours and resulted in institutional changes that increased accountability in Colombia. The finding carries implications for the role of the Court in a time when the power of global justice is being questioned.

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