Emerging Pillars of a Peaceful Global Civilization: Nuclear Disarmament, United Nations Reform, and the International Criminal Court

2017 ◽  
pp. 292-354
2021 ◽  
Vol 70 (1) ◽  
pp. 103-132
Author(s):  
Shane Darcy

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.


Author(s):  
Anne Herzberg

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.


2001 ◽  
Vol 50 (2) ◽  
pp. 420-435 ◽  
Author(s):  
Colin Warbrick ◽  
Dominic McGoldrick ◽  
Christine Byron ◽  
David Turns

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


2005 ◽  
Vol 99 (2) ◽  
pp. 370-384 ◽  
Author(s):  
Hans-Peter Kaul

The International Criminal Court (ICC) was officially opened in The Hague on March 11, 2003, in a special ceremony attended by Queen Beatrix of the Netherlands and United Nations secretary-general Kofi Annan. Less than four years after the historic breakthrough by the Diplomatic Conference of Plenipotentiaries in Rome on July 17, 1998, the Statute of the ICC had entered into force on July 1, 2002. The required number of sixty ratifications, which is laid down in Article 126, paragraph 1 of the Rome Statute, was reached much faster than for other comparable multilateral treaties and faster than had been expected by the global public. Secretary-General Annan attracted widespread attention when he observed that July 1, 2002, was a decisive landmark in breaking with the cynical worldview of people like Joseph Stalin, who is alleged to have remarked that while “a single death is a tragedy, a million deaths is a statistic.”


Author(s):  
Schabas William A

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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