scholarly journals The ICC-African Relationship: More Complex Than a Simplistic Dichotomy

2021 ◽  
Vol 11 (2) ◽  
pp. 51-61
Author(s):  
Emily Rowe
Keyword(s):  
Developing Countries ◽  
Human Rights ◽  
United Nations ◽  
International Criminal Court ◽  
International Criminal ◽  
Legal Framework ◽  
Criminal Court ◽  
The Political ◽  
Selectivity Bias ◽  
Principle Of Complementarity

The International Criminal Court’s (ICC) legitimacy, as an independent and unbiased international criminal court, has been brought into question, for all 30 official cases opened to this date are against African nationals. The ICC-African relationship is often framed in this excessively simplistic dichotomy: either the ICC is regarded as a Western neo-imperial colonial tool, or as a legal institutional champion of global human rights, rid of the political. Nevertheless, each obfuscates the complexity of this relationship by purporting either extreme.  Rather, it is the legal framework of the ICC that necessitates selectivity bias against nationals from developing countries, in particular, African states. The principle of complementarity and the United Nations Security Council’s (UNSC) referral power embedded in the ICC’s legal framework, allows for African nations to be disproportionately preliminarily examined, investigated, and then tried, while enabling warranted cases against nationals from developed states to circumvent such targeting. Therefore, the primary issue lies not in cases the ICC has opened, but in the cases it has not. 

ACCIDENT AND DESIGN: RECOGNISING VICTIMS OF AGGRESSION IN INTERNATIONAL LAW

2021 ◽  
Vol 70 (1) ◽  
pp. 103-132
Author(s):  
Shane Darcy
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
Future Application ◽  
Political Rights ◽  
Recent Developments ◽  
Civil And Political Rights

AbstractInternational law has not traditionally recognised individuals as victims of the crime of aggression. Recent developments may precipitate a departure from this approach. The activation of the jurisdiction of the International Criminal Court over the crime of aggression opens the way for the future application of the Court's regime of victim participation and reparation in the context of prosecutions for this crime. The determination by the United Nations Human Rights Committee in General Comment No. 36 that any deprivation of life resulting from an act of aggression violates Article 6 of the International Covenant on Civil and Political Rights serves to recognise a previously overlooked class of victims. This article explores these recent developments, by discussing their background, meaning and implications for international law and the rights of victims.

Canada, the International Criminal Court, and the intersection of international politics and finances

2019 ◽  
Vol 74 (2) ◽  
pp. 206-224
Author(s):  
Kirsten J. Fisher ◽  
Laszlo Sarkany
Keyword(s):  
Human Rights ◽  
Public Relations ◽  
United Nations ◽  
Security Council ◽  
International Criminal Court ◽  
International Criminal ◽  
Prime Minister ◽  
Criminal Court ◽  
United Nations Security Council ◽  
Financial Resources

In 2018, Prime Minister Trudeau made two announcements regarding the International Criminal Court, both, it seems, aimed at reinforcing Canada’s claim of human rights promotion and multilateralism: Canada declared Myanmar’s actions against the Rohingya people genocide and urged the United Nations Security Council to refer the situation to the International Criminal Court, and it joined a collective referral of the Venezuela situation to the Court. As public measures of support, these are positive developments for the International Criminal Court, which has been suffering poor public relations and challenges to its legitimacy. However, Canada could do more by better supporting the financial viability of the Court. Currently, it aims to increase the Court’s workload without supporting an increased budget, as reflected in Canada’s involvement at the December 2018 Assembly of States Parties meeting. A seemingly sure way to undermine the International Criminal Court would be to add to its workload without ensuring it has the financial resources to do the work.

The Contribution of Female Judges to the Victim Jurisprudence of the International Criminal Court

2020 ◽  
pp. 366-388
Author(s):  
Juan-Pablo Pérez-León-Acevedo
Keyword(s):  
Human Rights ◽  
International Criminal Court ◽  
International Criminal ◽  
Legal Framework ◽  
Criminal Court ◽  
Judicial Activism ◽  
International Human Rights ◽  
International Human ◽  
Victim Participation

This chapter argues that female judges at the International Criminal Court (ICC) have made significant meaningful contributions to the ICC jurisprudence on victim matters. They have interpreted and applied the ICC legal framework on victims, have fleshed out the contours and scope of normative provisions, and have faced substantive and procedural issues on victim-witness protection, victim participation and reparations at the ICC. This chapter uses international human rights as a standard to assess the legitimacy of ICC jurisprudence. The jurisprudence on defence rights has largely sought to strike a balance between defence and victim rights. However, some jurisprudence on victims (partially) construed by female judges prompts questions on whether respect for defence rights or other ICC goals may have been compromised. It is argued that all ICC judges, including female judges, should take distance from excessive pro-victim judicial activism to fully respect defence rights, and avoid victim frustration.

scholarly journals The other side of the Article 21(3) coin: Human rights in the Rome Statute and the limits of Article 21(3)

2019 ◽  
Vol 32 (4) ◽  
pp. 837-850
Author(s):  
Emma Irving
Keyword(s):  
Human Rights ◽  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Central Place ◽  
Legal Framework ◽  
Criminal Court ◽  
Human Rights Protection ◽  
Rights Protection ◽  
The Past

AbstractThe drafters of the Rome Statute sought to accord human rights a central place within the legal framework of the International Criminal Court (ICC). This was done not only through numerous provisions on the rights of the accused, victims, and witnesses, but also through the inclusion of the overarching Article 21(3) of the Rome Statute. Article 21(3) Rome Statute requires that the interpretation and application of all ICC law be consistent with internationally recognized human rights. While this provision has been employed on numerous occasions to bolster human rights protection in the ICC legal framework, it is not without its limits. In a series of decisions over the past few years, ICC judges have placed limits on the protections that can be read into the ICC legal framework on the basis of Article 21(3). Beyond stating that the ICC ‘is not a human rights court’, the decisions in question articulate no clear justification for the limitations imposed on Article 21(3). The present article analyses these decisions and identifies the underlying rationale for the Court’s approach: the principle of speciality. However, the picture is further complicated by the judges’ willingness to overlook the principle of speciality when particularly serious violations of human rights are involved. This leaves the precise contours of human rights protection in the ICC legal framework undefined.

A Tale of Two Institutions: The United Nations Security Council and the International Criminal Court

2013 ◽  
Vol 13 (1) ◽  
pp. 147-168 ◽  
Author(s):  
Rosa Aloisi
Keyword(s):  
United Nations ◽  
Security Council ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
United Nations Security Council ◽  
The Political ◽  
Political Independence ◽  
The United Nations ◽  
The Relationship

The International Criminal Court (ICC) is a judicial body that has been created as a politically independent judicial institution to prosecute the most serious international crimes. However, the political independence of the Court has been questioned considerably in the past decade because of the relationship between the United Nations Security Council (UNSC), which has the power to refer or defer situations to the Court, and the ICC. In this work, I argue that in analyzing the relationship between the UNSC and ICC it is evident that clashing political and judicial interests have done a disservice to the implementation of international justice. I will focus on the two instances of referrals so far approved by the UNSC and highlight some of the political aspects that seem to be hindering and delaying, in spite of international pressures for UNSC attention, a referral of the situation in Syria.

scholarly journals Asset Freezing at the European and Inter-American Courts of Human Rights: Lessons for the International Criminal Court, the United Nations Security Council and States

2020 ◽  
Vol 20 (3) ◽  
pp. 502-525
Author(s):  
Daley J Birkett
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Security Council ◽  
International Criminal Court ◽  
International Criminal ◽  
Case Law ◽  
Criminal Court ◽  
United Nations Security Council ◽  
European Convention ◽  
The United Nations

Abstract This article examines the human rights implications of the asset freezing processes available to the International Criminal Court and the United Nations Security Council. It does so through the lens of the case law of the European Court of Human Rights and the Inter-American Court of Human Rights, from whose jurisprudence, although not uniform, a number of principles can be distilled. By scrutinising a series of cases decided under the European Convention on Human Rights and American Convention on Human Rights, respectively, the article demonstrates that the rights to the peaceful enjoyment of property and to respect for one’s private and family life, home and correspondence are necessarily implicated by the execution of asset freezing measures in criminal and administrative contexts. The article concludes that, considering the human rights constraints placed on the exercise of their powers, both the International Criminal Court and United Nations Security Council, as well as States acting at their request, must pay attention to this case law with a view to respecting the human rights of those to whom asset freezing measures are applied.

scholarly journals Peran Perserikatan Bangsa-Bangsa dalam Kaitannya dengan Penegakan Hukum Oleh Mahkamah Pidana Internasional (Prospek dan Tantangan)

SASI ◽  
2020 ◽  
Vol 26 (2) ◽  
pp. 251
Author(s):  
Novy Septiana Damayanti
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
International Criminal Court ◽  
International Criminal ◽  
Secondary Data ◽  
Criminal Court ◽  
International Organization ◽  
Community Interactions ◽  
The United Nations

International law in its development moves dynamically according to international community interactions. In the development of international law has spawned an international organization, namely the United Nations (UN). International courts relating to the UN status. The UN has laid the framework of the kosnstitusionic on the underlying instrument of the Charter with the determination of all the members of the UN to avoid the recurrence of World War threats that have twice occurred and have caused A threat to all mankind. THE un-formed International Criminal Court is backed by many demands for justice for its extraordinary crimes (the most serious crime). The International Criminal Court aims to end impunity for perpetrators of gross human rights violations and to give a share of the prevention of the most serious crimes against human rights under international law, as well as Ensure international justice and support the achievement of objectivesof the United Nations Charter principles. Based on the description the problem that will be discussed in this article is the role and authority of THE International Organization (PBB) in maintaining international peace and security in resolving the problems that Conducted by the International Criminal Court (ICC).This Writing uses legal research methods is normative with the research of secondary data and described descriptively.

scholarly journals Tanggapan Organisasi Global Mengenai Kasus Pelanggaran HAM Terhadap Kaum Minoritas Etnis Rohingya

2021 ◽  
Author(s):  
Muhammad Ilmiyanor
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Ethnic Minority ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
Human Rights Violations ◽  
The World ◽  
The United Nations ◽  
Human Rights Violation

The issue of a Human Rights Violation against the Rohingya Ethnic Minority in Myanmar has captured the attention of the world public, including ASEAN and the United Nations itself has also participated in responding to the problem. This issue is about human rights violations in that scope and has something to do with the International Criminal Court.

Sign in / Sign up

Export Citation Format

Share Document