The International Criminal Court and Universal Jurisdiction: A Fraught Relationship?

2009 ◽  
Vol 12 (4) ◽  
pp. 498-512 ◽  
Author(s):  
Cedric Ryngaert
Keyword(s):  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Criminal Court ◽  
The State ◽  
Universal Jurisdiction ◽  
Territorial State ◽  
The Relationship ◽  
Principle Of Complementarity ◽  
Do So

This article deals with the relationship between the principle of universal jurisdiction and the jurisdiction of the ICC. Voices have been raised to expand the jurisdictional basis of the ICC's Rome Statute to include the universality principle. The author does not support this expansion, however, mainly on practical grounds. At the same time, however, he does support, albeit cautiously, taking into account the universality principle for purposes of the admissibility analysis under Article 17 of the Statute. The ICC's principle of complementarity indeed requires that the ICC defer to any state that might have jurisdiction, including a state having universal jurisdiction over serious crimes. It is proposed that the ICC Prosecutor encourage certain "bystander" states that can provide an effective forum to investigate and prosecute atrocity cases, at least if the territorial state, or the state of nationality, proves unable and unwilling to do so.

scholarly journals Twenty Years of the Rome Statute of the International Criminal Court: Appraising the State of National Implementing Legislation in Asia

2019 ◽  
Vol 18 (2) ◽  
pp. 353-392
Author(s):  
Daley J Birkett
Keyword(s):  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Criminal Court ◽  
Legal Systems ◽  
Asian State ◽  
The Status ◽  
Legal Frameworks ◽  
Principle Of Complementarity ◽  
Do So

Abstract The International Criminal Court relies on its State Parties to incorporate, or implement, its constituent instrument, the Rome Statute, into their domestic legal systems to enable its effective functioning. First, State Parties are obliged to give effect to their explicit obligation to cooperate with the Court under the Rome Statute. Second, although not required to do so, to avoid their national legal systems being found by the Court to be unable to investigate and/or prosecute the crimes under its jurisdiction in accordance with the principle of complementarity, they should also implement the definition and prohibition of these offences in their national legal frameworks. This article appraises the status of the domestic implementation of the Rome Statute, both crimes and cooperation, in Asia. The article concludes that few Asian State Parties to the Rome Statute have incorporated the treaty’s provisions into their domestic laws in a holistic manner, with the absence of cooperation legislation, enabling State Parties to assist the Court, particularly striking.

The Triggering Procedure of the International Criminal Court, Procedural Treatment of the Principle of Complementarity, and the Role of Office of the Prosecutor

2005 ◽  
Vol 5 (1) ◽  
pp. 121-146 ◽  
Author(s):  
Héctor Olásolo
Keyword(s):  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Criminal Court ◽  
The Relationship ◽  
Civil Procedures ◽  
Principle Of Complementarity

AbstractThis article addresses the most fundamental procedural issues arising from Arts. 13, 14, 15, 18 and 53(1), (2) and (4) of the ICC Statute (hereinafter “the Rome Statute” or “RS”). It first analyses the reasons why the proceedings provided for in those articles constitute, referred to in this article as “Triggering Procedure”, within the complex procedural system provided for in the ICC Statute, an autonomous procedure whose object, parties and proceedings are perfectly distinguishable from the object, parties and proceedings of the Criminal and Civil Procedures. Once the relationship between the Triggering Procedure and the Criminal and Civil Procedures is introduced, the article analyses the procedural treatment of the principle of complementarity in the different procedures provided for in the ICC Statute. Finally, the last part of the article brie fly addresses the key role of the Of fice of the Prosecutor in the Triggering Procedure, and the duties imposed upon the competent Chamber of the Court to control, propio motu or at the request of a party to the proceedings, that the Of fice of the Prosecutor is acting within the powers granted to it by the RS and fully respecting the substantive and procedural standards set out by the RS.

The International Criminal Court and Universal Jurisdiction

2006 ◽  
Vol 6 (3) ◽  
pp. 349-385 ◽  
Author(s):  
Ademola Abass
Keyword(s):  
Security Council ◽  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Criminal Court ◽  
Universal Jurisdiction ◽  
Criminal Jurisdiction

AbstractThis article examines whether the International Criminal Court (ICC) can exercise universal jurisdiction. In particular, the author responds to the argument that the ICC can exercise universal jurisdiction on the basis of delegated criminal jurisdiction and the aut dedere aut judicare principle, and challenges the view that the trial of nationals of non-parties by the ICC neither creates obligations for such states nor contravenes the Monetary Gold principle. The author argues that although some Rome Statute crimes have universal character, this does not automatically entitle the ICC to exercise jurisdiction over non-party nationals outside such limited universal jurisdiction as may be conferred on the Court through the Security Council referral.

scholarly journals A jurisdição universal do Tribunal Penal Internacional e o deslocamento forçado do Povo Rohingya: o caso Myanmar v. Bangladesh do TPI

2021 ◽  
Author(s):  
Claudia Regina De Oliveira Magalhães da Silva Loureiro
Keyword(s):  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Criminal Court ◽  
Universal Jurisdiction ◽  
International Crimes ◽  
Specific Objective ◽  
Deductive Method ◽  
Proper Interpretation ◽  
Principle Of Territoriality

Resumo: O artigo analisa a jurisdição universal do Tribunal Penal Internacional de acordo com o previsto no Estatuto de Roma de 1998, bem como em consonância com os princípios da territorialidade, complementaridade e cooperação. O objetivo principal do artigo é estudar a incidência da jurisdição do Tribunal e o objetivo específico é analisar como a jurisdição universal do Tribunal pode ser aplicada aos crimes praticados no território de um Estado que não é parte do Estatuto de Roma, utilizando-se como fonte principal o caso do Povo Rohingya, que tem uma relação intrínseca com a tese da jurisdição universal do Tribunal Penal Internacional, aspecto que representa a originalidade do trabalho. O critério dedutivo foi o método adotado para o desenvolvimento do trabalho, com o estudo do aspecto normativo, doutrinário e jurisprudencial. O trabalho concluirá que a jurisdição universal do TPI deve ser reavaliada para ser aplicada de acordo com a releitura do princípio da soberania estatal e da adequada interpretação dos crimes internacionais de interesse da humanidade, sob a perspectiva interseccional para a consideração dos atos anti-imigração como crimes contra a humanidade.Palavras-chave: Tribunal Penal Internacional; Jurisdição universal; Estatuto de Roma; Deportação; Princípio da territorialidade; Estado que não é parte do Estatuto do Tribunal; Atos anti-imigração. Abstract: The article analyzes the universal jurisdiction of the International Criminal Court in accordance with the 1998 Rome Statute, as well as in line with the principles of territoriality, complementarity and cooperation. The main objective of the article is therefore to study the jurisdiction of the Court and the specific objective is to examine how the universal jurisdiction of the Court can be applied to crimes occurring in the territory of States that are not part of the Rome Statute, using as a source the case of the Rohingya People, which is intrinsically linked to the universal jurisdiction of the International Criminal Court, what is the original aspect of the paper. The deductive method was the methodology adopted for the development of the work, with the study of the normative, doctrinal and jurisprudential aspect. The work will conclude that the universal jurisdiction of the ICC should be re-evaluated to be applied in accordance with the re-reading of the principle of state sovereignty and the proper interpretation of international crimes of interest to humanity, from the intersectional perspective for the consideration of anti-immigration acts as crimes against humanity.Keywords: International Criminal Court; Universal Jurisdiction; Rome Statute; Deportation; Principle of territoriality; State did not accept the jurisdiction of the Court; Anti-immigration acts.

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).

Part 10 Enforcement: Exécution, Art.111 Escape/Évasion

2016 ◽  
Author(s):  
Schabas William A
Keyword(s):  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Criminal Court ◽  
The State ◽  
General Sense ◽  
Original State ◽  
State Cooperation

This chapter comments on Article 111 of the Rome Statute of the International Criminal Court. Article 111 sets out measures in the event of escape of a convicted person. The Rome Statute combines ‘horizontal’ and ‘vertical’ approaches to State cooperation, allowing either the State of enforcement or the Court itself to intervene, depending on the circumstances. The Court may choose to return the escaped prisoner to the original State of enforcement, or to change the State of enforcement. Given the Court's authority to oversee and review enforcement in a general sense, even if this provision were not included in the Statute the consequences of escape would probably be the same.

Part 10 Enforcement: Exécution, Art.108 Limitation on the prosecution or punishment of other offences/Limites en matière de poursuites ou de condamnations pour d’autres infractions

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

This chapter comments on Article 108 of the Rome Statute of the International Criminal Court. Article 108 prohibits the prosecution, punishment, or extradition of a sentenced person to a third State for conduct engaged in prior to the person's delivery to the State of enforcement. However, the Court is allowed to dispense with this requirement if it is so requested by the State of enforcement. When the State of enforcement wishes to prosecute or enforce a sentence against a sentenced person for any conduct engaged in prior to that person's transfer, it shall notify its intention to the Presidency and transmit the relevant documents. In the event of a request for extradition made by another State, the State of enforcement shall transmit the entire request to the Presidency with a protocol containing the views of the sentenced person obtained after informing the person sufficiently about the extradition request.

Part 10 Enforcement: Exécution, Art.107 Transfer of the person upon completion of sentence/Transfèrement du condamné qui a accompli sa peine

2016 ◽  
Author(s):  
Schabas William A
Keyword(s):  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Criminal Court ◽  
The State ◽  
Person Following ◽  
The Individual ◽  
To Receive

This chapter comments on Article 107 of the Rome Statute of the International Criminal Court. Article 107 governs the transfer of the person following completion of the sentence. When a released prisoner is not a national of the State of enforcement, and is not authorized to remain there, two possible scenarios arise: transfer to a State ‘which is obliged to receive him or her’ and transfer to a State ‘which agrees to receive him or her’. Transfer of a released person to a third State upon completion of sentence will invariably require agreement. Absent such agreement, the individual will remain in the State of enforcement. In deciding upon transfer, the wishes of the released prisoner are to be taken into account.

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.

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