scholarly journals Increasing Case Traffic: Expanding the International Criminal Court's Focus on Human Trafficking Cases

2020 ◽  
pp. 541
Author(s):  
Nadia Alhadi
Keyword(s):  
Human Trafficking ◽  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Criminal Court ◽  
Crimes Against Humanity ◽  
International Level ◽  
International Criminal Tribunals ◽  
State Agents

Human trafficking falls within the jurisdictional competence of the International Criminal Court (“ICC”) as one of the article 7 crimes against humanity, whether committed in an atmosphere of conflict or in times of relative peace. Despite the ICC’s jurisdiction, as well as the globally pervasive nature of peacetime trafficking in particular, the ICC has not yet heard a human trafficking case. Accountability at the international level, however, is crucial, and the ICC’s oversight has the potential to fill gaps in the current anti-trafficking regime. This note explores this potential, and then examines whether the text of the Rome Statute or prior jurisprudence from international criminal tribunals creates barriers to prosecuting peacetime trafficking cases. It reviews three archetypal trafficking cases that the ICC could hear ((1) state agents trafficking civilians themselves; (2) state agents facilitating the trafficking of civilians, but not engaging in the trafficking themselves; and (3) state agents acquiescing to trafficking, particularly through generationally-embedded forms of slavery), and demonstrates how each fit within the relevant requirements of the Rome Statute.

Enhancing the Legitimacy and Accountability of Prosecutorial Discretion at the International Criminal Court

2003 ◽  
Vol 97 (3) ◽  
pp. 510-552 ◽  
Author(s):  
Allison Marston Danner
Keyword(s):  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Criminal Court ◽  
United Nations Security Council ◽  
Crimes Against Humanity ◽  
Single Individual ◽  
Prosecutorial Discretion ◽  
International Criminal Tribunals ◽  
Domestic Law

The rapid ratification of the Rome Statute of the International Criminal Court (ICC) and the orderly election of its judges and prosecutor belie the radical nature of the new institution. The Court has jurisdiction over genocide, aggression, crimes against humanity, and war crimes—crimes of the utmost seriousness often committed by governments themselves, or with their tacit approval. The ICC has the formal authority to adjudge the actions of high state officials as criminal and to send them to jail, no matter how lofty the accused’s position or undisputed the legality of those acts under domestic law. While the International Criminal Tribunals for the Former Yugoslavia (ICTY) and Rwanda (ICTR) also possess this authority, those institutions operate directly under the control of the United Nations Security Council and within narrow territorial limits. The ICC, by contrast, is largely independent of the Council and vests the power to investigate and prosecute the politically sensitive crimes within its broad territorial sweep in a single individual, its independent prosecutor.

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).

scholarly journals Prosecutor v. Omar Hassan Ahmad Al-Bashir, Judgment in the Jordan Referral re Al-Bashir Appeal

2020 ◽  
Vol 114 (1) ◽  
pp. 103-109
Author(s):  
Angela Mudukuti
Keyword(s):  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
War Crimes ◽  
Criminal Court ◽  
Crimes Against Humanity ◽  
Arrest Warrant ◽  
Head Of State

In 2009, the International Criminal Court (ICC) stepped into uncharted waters as it issued its first arrest warrant for a sitting head of state, then President of Sudan Omar Al-Bashir. Following the UN Security Council's referral of the situation in the Darfur region of Sudan to the ICC, Al-Bashir was charged by the Court with war crimes and crimes against humanity, and in 2010, he was also charged with genocide. As a consequence, all of the states parties to the Rome Statute had a duty to arrest Al-Bashir. Several states have nonetheless failed to arrest him during country visits, allowing Al-Bashir to evade the ICC. This has given rise to a number of cases before the ICC Chambers, including this Appeals Chamber judgment regarding the Hashemite Kingdom of Jordan.

scholarly journals Where Security Meets Justice: Prosecuting Maritime Piracy in the International Criminal Court

2013 ◽  
Vol 4 (1) ◽  
pp. 81-102 ◽  
Author(s):  
Melanie O'BRIEN
Keyword(s):  
International Criminal Court ◽  
International Security ◽  
Rome Statute ◽  
International Criminal ◽  
International Crime ◽  
Well Being ◽  
Criminal Court ◽  
Crimes Against Humanity ◽  
Maritime Piracy ◽  
World Maritime

The International Criminal Court (ICC) was established to prosecute crimes that “threaten the peace, security and well-being of the world”. Maritime piracy has a long history as a threat to international security and was in fact the first international crime. Yet piracy was excluded from the Rome Statute. In the years since the drafting of the Rome Statute, piracy has increased dramatically to become more like the threat it was in the “Golden Age of Piracy”. Criminal accountability for piracy has been minimal, due to logistical and jurisdictional difficulties. This paper offers an analysis of the potential of the ICC for prosecuting pirates: why it should be considered as a potential forum for ensuring criminal accountability for piracy, how piracy fits within the ICC's jurisdiction, and whether or not piracy should be added to the Rome Statute as a stand-alone crime or under the rubric of crimes against humanity.

Defining “Crimes Against Humanity” at the Rome Conference

1999 ◽  
Vol 93 (1) ◽  
pp. 43-57 ◽  
Author(s):  
Darryl Robinson
Keyword(s):  
Security Council ◽  
International Criminal Court ◽  
Armed Conflict ◽  
Rome Statute ◽  
International Criminal ◽  
Criminal Court ◽  
Crimes Against Humanity ◽  
Multilateral Negotiations ◽  
Significant Difference ◽  
The Many

On July 17, 1998, the UN Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court (Rome Conference) adopted the Rome Statute of the International Criminal Court (ICC). One of the many significant provisions of the ICC statute is Article 7, which defines “crimes against humanity” for the purpose of the ICC. A significant difference between the definition in the ICC statute and the major precedents on crimes against humanity is that the former definition was not imposed by victors (as were those in the Nuremberg and Tokyo Charters) or by the Security Council (as were those in the Statutes of the Yugoslavia and Rwanda Tribunals). In contrast, Article 7 was developed through multilateral negotiations involving 160 states. For this reason, one could reasonably expect Article 7 to be more detailed than previous definitions, given the interest of participating states in knowing the precise contours of the corresponding obligations they would be undertaking. For the same reason, one might expect the definition to be more restrictive than previous definitions. Fortunately, although the definition in the ICC statute is more detailed than previous definitions, it generally seems to reflect most of the positive developments identified in recent authorities. For example, the definition does not require any nexus to armed conflict, does not require proof of a discriminatory motive, and recognizes the crime of apartheid and enforced disappearance as inhumane acts.

scholarly journals Is global poverty a crime against humanity?

2015 ◽  
Vol 7 (3) ◽  
pp. 539-571 ◽  
Author(s):  
Gwilym David Blunt
Keyword(s):  
International Law ◽  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
International System ◽  
Criminal Court ◽  
Crimes Against Humanity ◽  
Global Poverty ◽  
Definition Of

Pogge has repeatedly compared the causes of global poverty with historical crimes against humanity. This claim, however, has been treated as mere rhetoric. This article argues that there are good reasons to take it seriously. It does this by comparing Pogge’s thesis on the causes of global poverty with the baseline definition of crimes against humanity found in international law, especially the Rome Statute of the International Criminal Court. It argues that the causes of global poverty are comparable with the crimes of slavery and apartheid. This has important consequences for cosmopolitan thought, as it makes the need for practical solutions to global poverty more urgent and raises questions about the global poor’s right to resist the international system by violent means.

scholarly journals Kekerasan Seksual dalam Hukum Internasional

2019 ◽  
Vol 2 (6) ◽  
pp. 2199 ◽  
Author(s):  
Mella Fitriyatul Hilmi
Keyword(s):  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Criminal Court ◽  
Crimes Against Humanity ◽  
Legal Capacity ◽  
Legal Personality ◽  
Serious Crime ◽  
International Rescue Committee

Kekerasan terhadap perempuan dan anak sebagai kaum rentan dapat terjadi dalam segala situasi yakni saat konflik berlangsung, proses melarikan diri, maupun di tenda pengungsian. The International Rescue Committee melakukan survei pada tahun 2015 yang menunjukkan bahwa 40% dari 190 perempuan dan anak perempuan di Dara’a dan Quneitra telah mengalami kekerasan seksual dari para personil Organisasi Internasional saat mengakses layanan bantuan kemanusiaan. Kekerasan seksual yang terjadi di Suriah adalah tindak kekerasan seksual dengan penyalahgunaan kekuasaan, atau penyalahgunaan kepercayaan, untuk tujuan kepuasan seksual, maupun untuk memperoleh keuntungan dalam bentuk uang, sosial, politik dan lain sebagainya. Berdasarkan Pasal 7 Ayat (1) Rome Statute of The International Criminal Court, kekerasan seksual adalah tindak kejahatan terhadap kemanusiaan (crimes against humanity) yang masuk dalam kategori The most Serious Crime, sehingga Hukum Internasional punya peran dalam hal ini. Penelitian ini merupakan penelitian yuridis normatif, dimana membahas terkait asas dan konsep Hukum Internasional mengenai kedudukan Organisasi Internasional selaku Subjek Hukum Internasional yang memiliki Legal Personality dan Legal Capacity. Oleh karena itu perlu diketahui pengaturan terkait dengan kekerasan seksual dalam hukum internasional.

Part 2 Jurisdiction, Admissibility, and Applicable Law: Compétence, Recevabilité, Et Droit Applicable, Art.7 Crimes against humanity/Crimes contre l’humanité

2016 ◽  
Author(s):  
Schabas William A
Keyword(s):  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Criminal Court ◽  
Crimes Against Humanity ◽  
Organizational Policy ◽  
Applicable Law ◽  
Contextual Elements ◽  
The Subject ◽  
The Individual

This chapter comments on Article 7 of the Rome Statute of the International Criminal Court. Article 7 defines crimes against humanity, one of four categories of offence within the subject-matter jurisdiction of the International Criminal Court. The classic definitions of crimes against humanity, in such instruments as the Charter of the Nuremberg Tribunal, are vague and open-ended, leaving courts to interpret the scope of such expressions as ‘persecution’ and ‘inhumane acts’. Out of concern with the uncertain parameters of the crime, the drafters of the Rome Statute included extra language designed to restrain efforts at generous or liberal interpretation. The five distinct ‘contextual elements’ of crimes against humanity are: (i) an attack directed against any civilian population; (ii) a State or organizational policy; (iii) an attack of a widespread or systematic nature; (iv) a nexus between the individual act and the attack; and (v) knowledge of the attack.

Part 4 Composition and Administration of the Court: Composition et Administration de la Cour, Art.38 The Presidency/La Présidence

2016 ◽  
Author(s):  
Schabas William A
Keyword(s):  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Criminal Court ◽  
International Level ◽  
Government Officials ◽  
Regional Organizations

This chapter comments on Article 38 of the Rome Statute of the International Criminal Court. Article 38 deals with the Presidency, one of the four ‘organs of the Court’ listed in article 34. The Presidency is made up of three judges, elected by their peers. It is responsible for the proper administration of the Court, through management oversight, coordination, and cooperation. It oversees the judicial functions, and has specific responsibilities in this respect assigned by the Statute. The Presidency also assumes a role representing the Court at the international level, broadening its support and promoting its values and ideals. This includes meeting with government officials, representatives of States, parliamentarians, and representatives of international and regional organizations.

Sign in / Sign up

Export Citation Format

Share Document