international criminal court (ids 630 international organizations and multilateral diplomacy)
TRANSCRIPT
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International Criminal Court
Cour Pnale Internationale
Mohamed Thaj
Mohan Singh Basnet
Myat Nyi Nyi Win
PhilipSabenaSambou
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From Nuremberg to Rome
Aggressive War, War Crimes,
Crimes against PeaceCrimes against Humanity
Poster Courtesy of AI (2000).
1948
International Criminal Court
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The Need For An International Criminal Court
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The History
International Law Commission (ILC)
Ad hoc Tribunals
PrepCom
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The International Criminal Court
Meeting of 160 countries to adopt the Rome Treaty,
17 July 1998.
Photo Courtesy of Benjamin Ferencz
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Entry Into Force
Photo courtesy: UN legal Affairs
April 11, 2002
139 signatories
120 States Parties
60
th
Ratification
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Entered into force on 1 July 2002
Article 11:
(2) If a State becomes a Party to this Statute after its
entry into force, the Court may exercise its jurisdictiononly with respect to crimes committed after the entry
into force of this Statute for that State, unless that State
has made a declaration under article 12, paragraph 3
The Rome Statute
(1) The Court has jurisdiction only with respect to
crimes committed after the entry into force of thisStatute.
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Importance of ICC
Complement national judicial systems
Deter future war criminals
Promote universal justice
End impunity
Help end conflicts
Remedy deficiencies of ad hoc tribunals
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Assembly of States
The Structure
ICC
Presidency
Judicial Divisions Office of the Prosecutor
Registry
Other Offices
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The ICC Funding
Sales, EU , 51.90,
57%
Sales, Japan,
19.90, 22%
Sales, Canada,
Australia, New
Zealand, 6.80,8%
Sales, Latin
America,Carribbean ,
5.40, 6%
Sales, Rest of
Asia, 3.00, 3%
Sales, Rest of
Europe, 2.90, 3%
Sales, , 0.60, 1%
Million Euros
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Exercise of Jurisdiction
Intervene only where a State is unable or unwilling genuinely to
carry out the investigation and prosecute the perpetrators
The alleged perpetrator should be a national of the State Party
A State not Party to the Statute may decide to accept ICC
Not a substitute of national courts
Can exercise jurisdiction to States which are the Parties of theRome Statute
Crime committed in the territory of the State Party
The Security Council, acting under Chapter VII of the United
Nations Charter, refers a situation refers to the prosecutor
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Exercise of Jurisdiction
Prosecutes Individuals
No amnesty
Has jurisdiction only with respect to the events which occurs
after entry into force of its statue on 1st July 2002
No one is exempted
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http://www.un.org/law/icc/index.html
Crimes within the jurisdiction
Article 5
Decision to be
taken on
1st January `17
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The ICC Procedure
When requested for investigation
Pre-Trial
The prosecutor determines the jurisdiction
Notify the concerned States of his intention to initiate aninvestigation
Sending investigators to Collects the evidences (information
providers : individuals, intergovernmental or non-
governmental organizations, or any other reliable sources)
At The request of the Prosecutor , Pre-Trial Chamber may
issue a warrant of arrest or summons
Hearing
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The ICC Procedure
The Trial Chamber
The prosecutors must prove the guilt of the suspect
Suspects are presumed innocent and given rights
If found guilty, Judge may impose
A prison sentence with added fine or forfeiture
Cannot impose a death sentence
Maximum 30 yrs
In extreme cases , life imprisonment
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The ICC Procedure
The Appeals Chamber
Both by convicted person or prosecutor
The Chamber may reverse or amend the decision
Victim of unlawful arrest or detention has a right to
compensation
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Situations and Cases
Uganda
DR Congo
Darfur, Sudan
CAR
Kenya
Libya
Cte dIvoire
14 cases in 7 situations
Colombia
Honduras Afghanistan
South Korea
Georgia
Nigeria
Guinea
Venezuela
Iraq
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Situations and Cases
19 Arrest Warrants
6 Arrests
9 Summons to appear
At large: 10 Suspects
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International Cooperation
State Parties
Non State Parties
International Organizations
Non-Governmental Organizations
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Cour
Pnale
Internationale
International
Criminal
Court
Thank YouAny
Questions