International Criminal Court: A Break through in International Criminal Justice

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International Criminal Court A Break through in
International Criminal Justice
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International Criminal Court

• International, Treaty Based , Permanent Staff
  587
• Hold individuals Accountable responsible for
  serious crimes
• Governed by Rome Treaty adopted by 120 states
  by17 July, 1998 , entered into force on 1 July
  2002 Why?
• Based at Hague, Netherland
• Funded or Support
• Crimes Genocide, Crimes against humanity and War
  crimes, Aggression?
• Parties to Rome Statute 111 (Bangladesh)

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Why International Criminal Court

• "A person stands a better chance of being
• tried and judged for killing one human being
• than for killing 100,000 .
• José Ayala Lasso, former United Nations High
  Commissioner for Human Rights

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Structure

• Presidency (Three Judges)
• Judicial Divisions 18 Judges (Pre-Trial, Trial
  Division and Appeal Division
• Office of the Prosecutor (Luis Moreno-Ocampo
  fromBelgium)
• Registry (Adminsitrative affairs)

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ICC Detention Centre
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Investigation
Prosecutor
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International Criminal Court International
Court of Justice

• -ICJ
• is Civil Tribunal-with no Criminal Jurisdiction
• Deals with disputes among States
• Judicial Organ of UN
• -ICC Criminal Jurisdiction to prosecute
  Individuals
• -Independent of UN, Managed and Monitored by
  State parties

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Tribunals (ICTY, ICTR) vs ICC

• Fixed Time frame
• Reactionary
• Particular Country
• Governed by Security Council
• ICC Permanent
• Broad Mandate
• Proactive approach deter crimes

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Other Features

• Court of Last Resort
• Complementary Principle (Inability or
  Unwillingness)
• Initiation of Proceedings before the ICC
• -By a State Party
• -The Prosecutor
• -The United Nations Security Council.
• ICC has no retroactive Jurisdiction

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Situations/Cases
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Challenges and Issues

• 111 states are party but (Russia, China, India,
  USA)
• USA Opposition to ICC
• Funds and resources
• Peoples Trust All African States (Why not US
  in Iraq)

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• 1. Fiji, 29 November 1999 2. Marshall Islands, 7
  December 2000 3. Nauru, 12 November 2001. 4.
  Cyprus, 7 March 2002 5.Cambodia, 11 April 2002 6.
  Mongolia, 11 April 2002 7. Jordan, 11 April 2002
  8. Tajikistan, 5 May 2002 9. Timor-Leste, 6
  September 2002 10. Samoa, 16 September 2002 11.
  Republic of Korea, 12 November 2002 13.
  Afghanistan, 10 February 2003 14. Japan, 17 July
  2007 15 Cook Islands, 18 July 2008 16.
  Bangladesh, 23 March 2010

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Assembly of State Parties

• Oversight and Legislative and management Body
• Head of State or Foreign Minister

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Who Conducts Review? How its done

• All States (47)
• Four Years (2008-2011) Review Cycle
• Review Calendar- Three times a Year
• UPR Group conducts the Review (47 States)
• Troikas (Three states)
• What are reviews based on?
• 1-UN Entities 2. Treaty Bodies 3. State Reports
• 4. Stake holder Reports (NGOs).

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What human rights obligations are addressed?

• (1) the UN Charter
• (2) the Universal Declaration of Human Rights
• (3) human rights instruments to which the State
  is party (human rights treaties ratified by the
  State concerned)
• (4) voluntary pledges and commitments made by
  the State (e.g. national human rights policies
  and/or programmes implemented)
• (5) applicable international humanitarian law.

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Outcome

• Outcome Report
• Accept and reject
• Recommendation
• Implementation
• When Sri Lanka was reviewed
• http//www.ohchr.org/EN/HRBodies/UPR/Pages/Meeting
  sHighlightsSession2.aspx
• http//www.ohchr.org/EN/HRBodies/UPR/Pages/Highlig
  hts13May2008pm.aspx