scholarly journals ON THE COMPLEXITIES OF PROSECUTING ROBERT MUGABE AT THE INTERNATIONAL CRIMINAL COURT

2018 ◽  
Vol 6 (12) ◽  
Author(s):  
Everisto Benyera
Keyword(s):  
Human Rights ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
Crimes Against Humanity ◽  
The World ◽  
The Hague ◽  
Robert Mugabe ◽  
Do So

One of the most desired actions by human rights activists the world over is to see Zimbabwe’s President Robert Mugabe brought to The Hague to answer to allegations of genocide and crimes against humanity committed during his more than three decades in office. This desire notwithstanding, there are both legal and practical imperatives that render his prosecution highly improbable judging by the failed attempts to do so by various organisations. This article is a contribution to the debate on the fate of heads of states accused of genocide and crimes against humanity by focusing on the complexities surrounding the various attempts at having Mugabe brought before the International Criminal Court (ICC). The conclusion reached is that, no matter how desirable, the prosecution of Mugabe at the ICC, or any other court of law, is a distant reality due to various reasons outlined in the article. 

Africa, the International Criminal Court, and Human Rights

2020 ◽  
pp. 134-160
Author(s):  
Derrick M. Nault
Keyword(s):  
Human Rights ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
International Justice ◽  
Crimes Against Humanity ◽  
The Past ◽  
The Hague ◽  
Ongoing Support ◽  
Made In

Chapter Five discusses the operations of The Hague-based International Criminal Court (ICC), which aims ‘to end impunity’ by punishing perpetrators of the gravest crimes known to humankind—crimes against humanity, genocide, war crimes, and crimes of aggression. Despite its promise, the court has been criticized for its overemphasis on African situations. This chapter assesses African criticisms of the ICC and their accuracy, suggesting that, although they are not always without merit, the court exists as it does today due to African requests for assistance as well as the early and ongoing support of African member states. The chapter also considers the past, present, and possible future impact of the ICC on human rights and international justice in Africa, suggesting that notable progress is being made in both inter-related areas. Finally, it argues that, as with previous eras, Africans have exerted an important yet largely unrecognized influence on human rights in recent times, in this case vis-à-vis the ICC.

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.

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.

The International Criminal Court Statute and the Failure to Mention Symbolic Reparation

2009 ◽  
Vol 16 (2) ◽  
pp. 127-147 ◽  
Author(s):  
Frédéric Mégret
Keyword(s):  
Human Rights ◽  
Transitional Justice ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
Symbolic Forms ◽  
International Instruments ◽  
Rights Issue ◽  
Do So

The International Criminal Court (ICC)'s reparations regime seems very geared towards material reparation such as restitution, compensation and rehabilitation. However, a growing number of international instruments, particularly in the human rights field, anticipate that more symbolic forms of reparation such as satisfaction and non-repetition are mandatory. The article explores what reasons may have led the ICC drafters to not at least mention symbolic reparation and finds that, apart from a possible trend towards commodification of reparation in general, the perception was probably that only states can grant symbolic reparation, and that ordering individuals to do so might raise human rights problems. None of these arguments are conclusive. Individuals can provide symbolic reparation, and this could be encouraged rather than ordered to avoid the human rights issue. More importantly, the role of the ICC and the Victims Trust Fund will be to use money as reparation, and nothing will prevent them from using awards so made for symbolic purposes. In fact, strong principle and policy arguments militate in favor of granting a larger role to symbolic reparation in the ICC context, thus helping to make the Court into more of an institution of transitional justice.

Interethnic Conflicts

2018 ◽  
pp. 350-360
Author(s):  
Muli wa Kyendo
Keyword(s):  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
Ethnic Violence ◽  
Crimes Against Humanity ◽  
The Past ◽  
The Future ◽  
The Hague ◽  
Traditional Stories

The argument in this Chapter is that the key to bringing about lasting ethnic peace and harmony in Kenya – and in the rest of Africa – lies in understanding the attitudes and values found in community folktales. Folktales reflect a community's attempt to give form and shape to its hopes and fears and answers to its important questions. They touch on the very core of who they are, both personally and corporately. When it comes under threat, a community will return to its traditional stories to look for direction and to regain a sense of what made it great in the past and what will nurture it into the future. The Chapter uses examples from Kenya where a disastrous post-election ethnic violence in 2008 landed several prominent Kenyans at International Criminal Court in The Hague charged with crimes against humanity.

Using the International Criminal Court to Denounce Disappearances: Crimes against Humanity in Coahuila, Mexico

2021 ◽  
pp. 242-250
Author(s):  
Michael W. Chamberlin
Keyword(s):  
Human Rights ◽  
Sexual Violence ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
International Federation ◽  
The State ◽  
Crimes Against Humanity ◽  
Civilian Population

In 2017, the International Federation of Human Rights (FIDH), supported by 100 other organisations, submitted a communication to the ICC detailing crimes committed against the civilian population from 2009-16 in the State of Coahuila de Zaragoza, Mexico, including murder, illegal imprisonment, enforced disappearance, torture, and sexual violence. This chapter explains the procedural and substantive basis of their complaint as a model for others who may seek the ICC’s involvement in the investigation and prosecution a pattern of enforced disappearances.

In the Shadow of the International Criminal Court

2016 ◽  
Vol 62 (1) ◽  
pp. 3-28 ◽  
Author(s):  
Benjamin J. Appel
Keyword(s):  
Human Rights ◽  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Strong Support ◽  
Criminal Court ◽  
Crimes Against Humanity ◽  
Policy Makers ◽  
Human Rights Abuses ◽  
Expected Payoffs

The International Criminal Court (ICC) is responsible for prosecuting crimes against humanity, war crimes, and genocide. Despite the potential for the ICC to deter human rights abuses, scholars and policy makers are divided on the effectiveness of it. This debate, however, is plagued by some important theoretical and empirical limitations. I address the problems in the literature and evaluate whether the ICC can prevent human rights abuses. I argue that the ICC can deter governments from committing human rights violations by imposing a variety of costs on them throughout their investigations that decrease their expected payoffs for engaging in human rights abuses. Across a variety of statistical estimators that account for standard threats to inference and several anecdotes, I find strong support for my theoretical expectations; leaders from states that have ratified the Rome Statute commit lower levels of human rights abuses than nonratifier leaders.

scholarly journals EXAMINE THE STRENGTHS AND WEAKNESSES OF THE PROCEDURE AND PRINCIPLES OF THE INTERNATIONAL CRIMINAL COURT

2021 ◽  
pp. 45-54
Author(s):  
Iyanuoluwa F. Olaniyi ◽  
Keyword(s):  
International Criminal Court ◽  
International Criminal ◽  
War Crimes ◽  
Criminal Court ◽  
Crimes Against Humanity ◽  
Member States ◽  
Checks And Balances ◽  
International Court ◽  
The Usa ◽  
Do So

The international criminal court started from something called the Rome statute, which had to be signed by states who want to become member states of the ICC. After the agreement of states to join the international court, the court began to resume its duty gradually, by trying individuals for war crimes and crimes against humanity. The main reason for the creation of the international criminal court is to investigate, punish and try people who have been accused of serious war crimes and crimes against humanity. The ICC tries powerful individuals who oppress weaker states or weak people who do not have a voice and the court helps them get justice. The ICC works like any other court and follows a procedure. There are lawyers and there are judges. However, the ICC does not possess the police force but when they want to investigate, they do so using the forces of member states. The theory adopted for this study is liberalism which is a theory that supports human rights and checks and balances which the international criminal court also supports. This paper concludes by stating why the international criminal court should not stop its global service, and why the international criminal court should keep on investigating afghan and the USA despite the obstacles the court is currently facing.

scholarly journals Torture, Crimes Against Humanity and the Abuse of International Law

2020 ◽  
pp. 116-141
Author(s):  
Ronald J. Rychlak
Keyword(s):  
International Law ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
Crimes Against Humanity ◽  
Bad Faith ◽  
Catholic Priests ◽  
Legal Standards ◽  
The Church ◽  
Do So

In 2014, United Nations Committee Against Torture raised the possibility that the Vatican’s handling of sexual abuse cases involving Catholic priests constituted torture under international law. A victims group even filed a petition with the International Criminal Court accusing Pope Benedict XIV and other Church officials of “crimes against humanity” and urged that they be prosecuted for their alleged role in the crimes. Without defending the perpetrators of the abuse, this paper argues that the identified cases do not meet the legal standards to constitute either torture or crimes against humanity under international law. While those individuals who are guilty of abuse should be punished, neither they nor the Church officials who dealt with them (or failed to do so) are responsible for torture or crimes against humanity. Arguments to the contrary have been advanced in bad faith.

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