Chapter 45. The International Criminal Court: Reviewing the case (An american point of view)

On 27 May 2015, the Appeals Chamber of the International Criminal Court (icc) issued a judgment on the appeal of Côte d’Ivoire against the decision of Pre-Trial Chamber i of 11 December 2014 entitled “Decision on Côte d’Ivoire’s challenge to the admissibility of the case against Simone Gbagbo”. As a result of this decision, the path to prosecute Simone Gbagbo lies open. The Appeals Chamber confirmed the opinion expressed by the Pre-Trial Chamber that there were no obstacles in the form of national prosecutions which would exclude the icc’s jurisdiction pursuant to the principle of complementarity. This judgment is not only important from the point of view that the icc has found no basis to find the case inadmissible on the grounds of lack of complementarity, but even more so because of the procedural issues at stake. In this decision, solutions can be found that are crucial with regard to the scope and methods of appellate review before the icc.

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From Rome to Kampala: An Analysis of Article 124 of the Statute of the International Criminal Court

International Criminal Law Review ◽

10.1163/157181210x507840 ◽

2010 ◽

Vol 10 (3) ◽

pp. 301-323

Author(s):

Ivar Scheers

Keyword(s):

International Criminal Court ◽

Rome Statute ◽

International Criminal ◽

War Crimes ◽

Criminal Court ◽

Point Of View ◽

The Body ◽

Relative Lack ◽

Maximum Period ◽

Future Consequences

AbstractThe essay elaborates on Article 124 of the Rome Statute of the International Criminal Court, which allows states parties to deny the Court jurisdiction over war crimes for a maximum period of seven years, upon signing the Statute. The article firstly, touches upon the provision from an historical point of view. Secondly, it addresses the reasons and effects of the two declarations invoking the article that have been made so far reflects the practical side of the provision. The body of the essay exemplifies the arguments in favour of both deletion and retention of Article 124, as proposed by states parties of the International Criminal Court and NGOs. It argues that states parties should decide to remove the provision from the Statute, due to its discrepancy with the preamble of the Statute, the concessive conjunction of its existence and its relative lack of use. The essay concludes with addressing the remaining procedural constraints of deletion of the provision, seeking to clarify the future consequences such a deletion might entail.

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The Statute for an International Criminal Court and the United States: Peace Without Justice?

Leiden Journal of International Law ◽

10.1017/s0922156599000011 ◽

1999 ◽

Vol 12 (1) ◽

pp. 1-7 ◽

Cited By ~ 2

Author(s):

Marten Zwanenburg

Keyword(s):

United States ◽

Criminal Law ◽

International Criminal Court ◽

International Criminal ◽

The United States ◽

Criminal Court ◽

Point Of View ◽

International Criminal Law ◽

Major Step

The adoption of the Statute of an International Criminal Court in July 1998 is widely regarded as a major step forward in international criminal law. The United States, however, does not share this point of view in all respects. It particularly fears that the Statute will allow prosecution of American peacekeepers for political instead of legal reasons. This article examines the provisions of the Statute in the light of that fear. It concludes that not only is such a fear unjustified, the United States position may have disastrous consequences for efforts in peacekeeping.

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