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

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.

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The International Criminal Court and Non-Party States

Windsor Yearbook of Access to Justice ◽

10.22329/wyaj.v28i1.4488 ◽

2010 ◽

Vol 28 (1) ◽

pp. 1 ◽

Cited By ~ 2

Author(s):

William A. Schabas

Keyword(s):

United Nations ◽

Security Council ◽

International Criminal Court ◽

Rome Statute ◽

International Criminal ◽

Criminal Court ◽

United Nations Security Council ◽

The World ◽

The United Nations

Although more than half of the States in the world are parties tothe Rome Statute of the International Criminal Court, morethan eighty have yet to ratify. The article considers the relationshipof the Court with these non-party States. It examines theexercise of jurisdiction over their nationals, arguing that internationallaw immunities continue in force despite the terms ofthe Statute. Declarations of jurisdiction by non-party States arealso studied, including the declaration formulated by the PalestinianAuthority with respect to Gaza in January 2009. NonpartyStates may be asked to cooperate with the Court and, whereso ordered by the United Nations Security Council, they may berequired to do this.Quoique plus de la moitié des États du monde soient Partiesau Statut de Rome de la Cour pénale internationale, plus dequatre-vingt d’entre eux ne l’ont pas encore ratifié. Cet articleconsidère le rapport de la Cour avec ces États qui n’y sont pasParties. Il examine l’exercice de sa compétence à l’égard de leursressortissants, soutenant que les immunités du droit internationaldemeurent en vigueur malgré la teneur du Statut. L’article étudieaussi les déclarations de compétence d’États qui ne sont pas Partiesau Statut, y compris la déclaration formulée par l’Autorité palestinienneen rapport à Gaza en janvier 2009. On peut demanderaux États qui ne sont pas Parties au Statut de coopérer avec laCour, et, lorsque cela est ordonné par le Conseil de Sécurité desNations Unies, il peut être exigé qu’ils le fassent.

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

SASI ◽

10.47268/sasi.v26i2.253 ◽

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.

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ACCIDENT AND DESIGN: RECOGNISING VICTIMS OF AGGRESSION IN INTERNATIONAL LAW

International and Comparative Law Quarterly ◽

10.1017/s0020589320000494 ◽

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.

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The Role of UN Documentation in Shaping Narratives at the International Criminal Court and the Implications for the Rights of the Accused

International Criminal Law Review ◽

10.1163/15718123-bja10115 ◽

2022 ◽

pp. 1-26

Author(s):

Anne Herzberg

Keyword(s):

United Nations ◽

International Criminal Court ◽

International Criminal ◽

International Community ◽

Criminal Court ◽

Close Cooperation ◽

The United Nations ◽

Primary Basis

Abstract The International Criminal Court (icc) is an independent treaty-based international organisation acting in close cooperation with the United Nations (UN). To that end, organs of the Court have extensively relied on UN documentation in proceedings. These materials have been used to support grounds for the exercise of jurisdiction, demonstrate legal elements of crimes, and prove matters of fact. In recent practice, including in the situations of Palestine, Bangladesh/Myanmar, and Mali, UN materials have been used to establish legal and factual matters on the primary basis that they represent the ‘views of the international community’. This paper examines the ways in which Court organs rely on UN documentation in icc proceedings. It assesses the interplay of such information with rights of the accused. The paper concludes that in order to safeguard its credibility and the fairness of the proceedings, the Court should adopt specific guidelines relating to the evaluation of and admissibility of UN materials.

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Draft Final Act of the United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court

10.1163/9789004480124_011 ◽

2005 ◽

pp. 656-659

Keyword(s):

United Nations ◽

International Criminal Court ◽

International Criminal ◽

Criminal Court ◽

The United Nations

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I. The Preparatory Commission for the International Criminal Court

International and Comparative Law Quarterly ◽

10.1093/iclq/50.2.420 ◽

2001 ◽

Vol 50 (2) ◽

pp. 420-435 ◽

Cited By ~ 6

Author(s):

Colin Warbrick ◽

Dominic McGoldrick ◽

Christine Byron ◽

David Turns

Keyword(s):

United Nations ◽

International Criminal Court ◽

International Criminal ◽

Criminal Court ◽

The United Nations ◽

Take All

The Preparatory Commission (PrepCom) was established by Resolution F of the Final Act of the United Nations Conference of Plenipotentiaries on the Establishment of an International Criminal Court (ICC). Under this resolution the PrepCom is intended to “take all possible measures to ensure the coming into operation of the International Criminal Court without undue delay”, and “to make the necessary arrangements for the commencement of [the Court's] functions”.1

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Part 13 Final Clauses: Clauses Finales, Art.126 Entry into force/Entrée en vigueur

10.1093/law/9780198739777.003.0131 ◽

2016 ◽

Author(s):

Schabas William A

Keyword(s):

United Nations ◽

International Criminal Court ◽

Rome Statute ◽

International Criminal ◽

Criminal Court ◽

Secretary General ◽

The United Nations

This chapter comments on Article 126 of the Rome Statute of the International Criminal Court. Article 126 deals with the entry into force of the Rome Statute. The Statute entered into force on the first day of the month after the sixtieth day following the date of the deposit of the sixtieth instrument of ratification, acceptance, approval, or accession with the Secretary-General of the United Nations, that is, on July 1, 2002. For States that ratify, accept, approve, or accede after the entry into force of the Statute, it will enter into force for them on the first day of the month after the sixtieth day following the deposit of instruments of ratification, acceptance, approval, or accession.

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Part 13 Final Clauses: Clauses Finales, Art.127 Withdrawal/Retrait

10.1093/law/9780198739777.003.0132 ◽

2016 ◽

Author(s):

Schabas William A

Keyword(s):

United Nations ◽

International Criminal Court ◽

Rome Statute ◽

International Criminal ◽

Criminal Court ◽

The State ◽

Secretary General ◽

State Party ◽

The United Nations ◽

One Year

This chapter comments on Article 127 of the Rome Statute of the International Criminal Court. Article 127 addresses the withdrawal of a State Party from this Statute. A State may withdraw from the Rome Statute by providing a written notification to the depositary, the Secretary-General of the United Nations. The withdrawal takes effect one year after receipt of the notification by the Secretary-General, unless a later date is specified. There have been no notifications of withdrawal from the Rome Statute. The Statute does not indicate whether a notice of withdrawal can itself be withdrawn, thereby returning the State to ordinary status as a Party. Withdrawal does not affect the continuation of the Statute with respect to other States Parties, even if the number of them falls below the threshold of sixty.

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

International Journal Canada s Journal of Global Policy Analysis ◽

10.1177/0020702019852700 ◽

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.

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