Indicting President Al Bashir
|
|
- Britney Little
- 5 years ago
- Views:
Transcription
1 Mehari Taddele Maru Executive Director African Rally for Peace and Development Indicting President Al Bashir What implication for human security in Sudan and Beyond
2 The ICC and Africa: Complementarity or Incompatibility? Mehari Taddele Maru Pro-Bono Executive Director African Rally for Peace and Development
3 Brief Introduction I. Introduction to ICC and Rome Statute II. Justice and Peace: What linkage and Whose Priority? III. What Precedence? Accountability, Immunity and Impunity IV. Public Perception: Double Standard V. AU Position and ICC State Parties VI. Way Forward
4 I. Introduction to ICC and RS Rome Statute (RS) and the ICC ICC established in June-July 1998 in Rome by UNGA The Rome Statute: Yes 120, No 7 China, USA, Abstain 21 Entered into force in July 2002 with 60 ratifications: Temporal Jurisdiction begun
5 Brief Introduction to ICC States Parties to Rome Statute in green [June 2008: Wikipedia]
6 Introduction to ICC and RS All EU and Latin America, 30 African Countries 40 Signatures: Object and Purpose of RS has to be adhered USA and Israel unsigned post facto
7 Introduction the Rome Statute Universal Jurisdiction: defined by solely the nature of Crime States Duty to prosecute Regardless of 1. Location of crime 2. Nationality of suspect or victim Of certain crimes...
8 Introduction ICC Jurisdiction over 1. The Crime of Genocide 2. Crimes Against Humanity 3. War Crimes 4. The Crime of Aggression: To be defined in 2010 Hierarchical Nature of the Crimes
9 The Case: The Prosecutor v. AL BASHIR Referred by UNSC Resolution The Parties to the Case ICC Prosecutor: Mr. Accused (defendant): Omar Ahmad AL BASHIR Sitting President of Republic of Sudan
10 The Charge The Alleged Universal Crimes The Crime of Genocide Crimes against Humanity War Crimes Against The Fur, Masalit and Zaghawa ethnic groups
11 The Charge The Period and Location After 1 July 2002 In Darfur Sudan Not directly by Al Bashir: Through State Apparatus Masterminded the alleged crimes
12 The Evidence Prosecutor s evidence are almost similar to the US government s evidence collected from 1,200 Darfuri refugees in neighboring and other 17 countries USA based on this evidences label the attacks by Sudan s government and its militias as genocide Four villages - Bindisi, Mukjar, Arwala and Kodoom in west Darfur
13 The Evidence The Pre-Trial Chamber I of the ICC UN commission of Inquiry on Darfur requested observations of Antonio Cassese the head of the Commission Louise Arbour the UN High Commissioner for Human Rights
14 II. Justice and Peace: What linkage and Whose Priority? 1. Eminent Jurist: Prioritize Peace, then provide justice of varied kind The Princeton Project Imprudent or untimely exercise of universal jurisdiction could disrupt the quest for peace and national reconciliation in nations struggling to recover from violent conflicts or political oppression
15 Justice and Peace:.The Princeton Project Prudence and good judgement are required here, as elsewhere in politics and law. [And universal jurisdiction should be used] in a reasonable solicitude for the quest for peace.
16 Justice and Peace: Immunity Prosecuting a Sitting president A famous British jurist Lord Browne- Wilkinston He said: It is naïve to think that, in such cases, the national state of the accused would stand by and watch the trial proceed: resort to force would be more probable. In any event the fear of such legal actions would inhibit the use of peacekeeping forces when it is otherwise desirable I believe that the adoption of such universal jurisdiction without preserving the existing concepts of immunity would be more likely to damage than to advance chances of international peace.
17 Justice and Peace: What linkage and Whose Priority? 2.The UNSC and AU PSC Peace today, justice tomorrow Justice necessary for lasting peace But as the same time for Darfur: UNSC and AU said: Promote healing and reconciliation Create Institution to that effect
18 Justice and Peace What linkage and Whose Priority? 3. The International HRts Organizations Justice today.peace will follow tomorrow Justice requisite for lasting peace Regardless of the consequences Prosecute Al Bashir Prosecute Joseph Coney and others
19 Justice and Peace: Local priority What linkage and Whose Priority? 3. Local Community Peace and Justice today.peace must come first Different researches: in Uganda Example Akena, Marek, Benda and Darfuris in Darfur
20 Justice and Peace in conflicts Transition, Conflicts and Justice B. Is Justice Delayed for the sake of peace, justice denied? Cases of South Africa, Uganda, Kenya, Zimbabwe Imagine Apartheid and all involved were taken to ICC
21 Justice and Peace in conflicts Transition, Conflicts and Justice Uganda: GOU referred it to ICC Joseph Coney requested immunity for an end to war In cases of Mass Amnesty: peace is prioritized Philippe Kirsch, President of ICC said Limited Amnesty
22 III. What Precedence? Accountability, Immunity and Impunity Accountability to ICC? What will happen if ICC always removes a sitting president? What is the implication for democracy? Advent of ICCio-cracy?
23 ICC-Fear Factor: Deterrence? March 12, 2007 Cabinet of GoS was divided on the ICC indictment of Haron and Ali Kushaby Salva Mini Acor Minawi The Sudan Tribune Al-Rai Al-Aam, Will indictment on Al Bashir unify the government: GoSS
24 IV. Public Perception Double Standard: Public and AU All four investigation by ICC in Africa Sudan, Uganda, DRC and CRA Why not Iraq War, The Sunni Killings, Chechnya, Afghanistan ICC manipulated by supper powers
25 AU Position Between Impunity and Solidarity PSC July : Indictment may lead to further suffering of the people of the Sudan and greater destabilization with far-reaching consequences for the country and the region
26 Brief Introduction I. Requested UNSC to defer the prosecution II. Independent High-Level Panel Examine the situation Para 5 of the UN Resolution 1593 Justice together with reconciliation and healing
27 AU Position in detail PSC July : 1. Reaffirming the previous stands of the AU Balancing Peace and Justice Misuse of indictment 2. Support for truth and reconciliation process 3. Support to complementarity 4. Concerns on Double Standard 5. Threat to stability and national institutions 6. Threat to DPA, CPA, Abyei Protocol
28 AU Position: This is inline with its previous decisions 1.El Sheikh AU Summit Sharm: 30 June 2008 AU s concern with the misuse of indictment against African Leaders
29 AU Position 2. July and 19 July 2008: AU PSC Expressed its concerns to ICC Justice should not Impede or Jeopardize efforts aimed at promoting peace
30 AU Position 3. Panel of the Wise: Complementary goals of combating impunity and promoting peace and reconciliation and healing in Darfur
31 Some Concluding Remarks J. F. Kennedy: What then? 1. Let s Assume Bashir is sentenced; what then? 2. Let s assume Bashir is arrested; what then?
32 The Role of Prosecutors Factors in prosecuting: The deterrence effect Retribution considerations Contribution to peace and stability Timing
33 Remarks 1. Management Oversight by State Parties on ICC Art AU Position VS. 30 African State Parities to ICC
Expert paper Workshop 7 The Impact of the International Criminal Court (ICC)
Suliman Baldo The Impact of the ICC in the Sudan and DR Congo Expert paper Workshop 7 The Impact of the International Criminal Court (ICC) Chaired by the government of Jordan with support from the International
More informationOI Policy Compendium Note on the International Criminal Court. Overview: Oxfam International s position on the International Criminal Court
OI Policy Compendium Note on the International Criminal Court Overview: Oxfam International s position on the International Criminal Court Oxfam International has long supported the establishment of the
More informationReport on Wilton Park Conference WPS08/7 PURSUING JUSTICE IN ONGOING CONFLICT: EXAMINING THE CHALLENGES. Sunday 7 Wednesday 10 December 2008
Report on Wilton Park Conference WPS08/7 PURSUING JUSTICE IN ONGOING CONFLICT: EXAMINING THE CHALLENGES With support from The Foundation Open Society, Zug; the Swiss Federal Department of Foreign Affairs,
More informationBuilding a Future on Peace and Justice Nuremberg 24/25 June Address by Mr Luis Moreno Ocampo, Prosecutor of the International Criminal Court
Building a Future on Peace and Justice Nuremberg 24/25 June Address by Mr Luis Moreno Ocampo, Prosecutor of the International Criminal Court Excellencies, Ladies and Gentlemen It is an honour to be here
More informationAfrican Union Documents - Progress Report on International Jurisdiction, Justice and ICC
Seattle University School of Law Seattle University School of Law Digital Commons VIII. ICC Related Documents The Truth, Justice and Reconciliation Commission of Kenya 10-1-2013 African Union Documents
More informationREFLECTIONS ON THE FIRST YEARS OF THE INTERNATIONAL CRIMINAL COURT
REFLECTIONS ON THE FIRST YEARS OF THE INTERNATIONAL CRIMINAL COURT Claude Jorda* I. INTRODUCTION Adopted on July 17, 1998, the Rome Statute 1 of the International Criminal Court ( ICC or Court ) entered
More informationREPORT OF THE IMPLEMENTATION OF COMMUNIQUÉ OF 142 ND MEETING OF THE PEACE AND SECURITY COUNCIL HELD ON 21 ST JULY 2008 ON THE SUDAN
AFRICAN UNION UNION AFRICAINE UNIÃO AFRICANA P.O. Box: 3243, Addis Ababa, Ethiopia, Tel.:(251-11) 551 38 22 Fax: (251-11) 551 93 21 Email: situationroom@africa-union.org, situationroom@ausitroom-psd.org
More informationEstablishing a Special Tribunal for Kenya and the Role of the International Criminal Court
Establishing a Special Tribunal for Kenya and the Role of the International Criminal Court Questions and Answers March 25, 2009 Background The Commission of Inquiry on Post-Election Violence (Waki Commission)
More informationEuropean Parliament resolution of 19 May 2010 on the Review Conference on the Rome Statute of the International Criminal Court, in Kampala, Uganda
P7_TA(2010)0185 First review Conference of the Rome Statute European Parliament resolution of 19 May 2010 on the Review Conference on the Rome Statute of the International Criminal Court, in Kampala, Uganda
More informationDECISIONS AND DECLARATIONS
AFRICAN UNION UNION AFRICAINE UNIÃO AFRICANA Addis Ababa, ETHIOPIA P. O. Box 3243 Tel : 251-11-5517700 Fax : 251-11-5517844 / 5182523 website : www.au.int EXTRAORDINARY SESSION OF THE ASSEMBLY OF THE AFRICAN
More informationThe Selection of Situations and Cases for Trial before the International Criminal Court
October 2006 Number 1 The Selection of Situations and Cases for Trial before the International Criminal Court A Human Rights Watch Policy Paper October 2006 I. Introduction... 1 II. Selection of Situations...
More informationSEEKING UNIVERSALITY OF THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT THROUGH THE UNITED NATIONS HUMAN RIGHTS COUNCIL
SEEKING UNIVERSALITY OF THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT THROUGH THE UNITED NATIONS HUMAN RIGHTS COUNCIL During the 1 st cycle of the United Nations Human Rights Council s Universal
More informationThe ICC under. Towards Lowered ExpeCTaTIons of Global JusTICe. Katja Creutz FIIA BRIEFING PAPer 152 April 2014
The ICC under 152 Political Pressure Towards Lowered ExpeCTaTIons of Global JusTICe Katja Creutz FIIA BRIEFING PAPer 152 April 2014 ULKOPOLIITTINEN INSTITUUTTI UTRIKESPOLITISKA INSTITUTET THE FINNISH INSTITUTE
More informationMINORITY OPINION OF JUDGE MARC PERRIN DE BRICHAMBAUT. 1. I agree with the decision of the Chamber that: (1) Jordan has failed in its obligation
ICC-02/05-01/09-309-Anx-tENG 14-12-2017 1/6 NM PT MINORITY OPINION OF JUDGE MARC PERRIN DE BRICHAMBAUT I. Introduction 1. I agree with the decision of the Chamber that: (1) Jordan has failed in its obligation
More informationPRE-TRIAL CHAMBER II. Judge Ekaterina Trendafilova, Presiding Judge Judge Hans-Peter Kaul Judge Cuno Tarfusser SITUATION IN DARFUR, SUDAN
ICC-02/05-01/09-195 09-04-2014 1/18 NM PT Original: English No.: ICC-02/05-01/09 Date: 9 April 2014 PRE-TRIAL CHAMBER II Before: Judge Ekaterina Trendafilova, Presiding Judge Judge Hans-Peter Kaul Judge
More informationUnited Nations (1945) promote peaceful cooperation among nations
United Nations (1945) promote peaceful cooperation among nations United Nations Security Council (15) General Assembly (192) Giving the Little Guy A Chance Smaller UN Nations Voting Power 1. Can bring
More informationLibya and the ICC Questions & Answers
Libya and the ICC Questions & Answers First request for arrest warrants - May 2011 1) Who are the persons targeted by the the ICC Prosecutor's application for arrest warrants? What does he intent to charge
More informationStocktaking: Peace and Justice
Stocktaking: Peace and Justice David Tolbert About the Author David Tolbert is president of the International Center for Transitional Justice. His previous positions include deputy chief prosecutor and
More informationMeeting of ASSECAA Committee on Peace and Conflict Resolution held at Bujumbura, Burundi Darfur Facts-Sheet
Meeting of ASSECAA Committee on Peace and Conflict Resolution held at Bujumbura, Burundi 2-3-2009 Darfur Facts-Sheet By: Canon Clement Janda, * Chairman, Peace Committee, Council of States. Khartoum. Sudan
More informationCOMMUNIQUE OF THE 18 TH EXTRA-ORDINARY SESSION OF THE IGAD ASSEMBLY OF HEADS OF STATE AND GOVERNMENT ON THE ACTIVITIES IN SUDAN, SOMALIA AND ERITREA
INTERGOVERNMENTAL AUTHORITY ON DEVELOPMENT (IGAD) AUTORITÉ INTERGOUVERNEMENTALE POUR DÉVELOPPEMENT (IGAD) COMMUNIQUE OF THE 18 TH EXTRA-ORDINARY SESSION OF THE IGAD ASSEMBLY OF HEADS OF STATE AND GOVERNMENT
More informationTen Years International Criminal Court
Ten Years International Criminal Court Remarks by Judge Dr. jur. h. c. Hans-Peter Kaul International Criminal Court At the Experts Discussion 10 years International Criminal Court and the Role of the United
More information60 th Anniversary of the UDHR Panel IV: Realizing the promise of the UDHR 14 November 2008, pm, City Bar of New York, 42 West 44 th Street
60 th Anniversary of the UDHR Panel IV: Realizing the promise of the UDHR 14 November 2008, 4.30-6.00pm, City Bar of New York, 42 West 44 th Street Statement by Ms. Patricia O Brien Under-Secretary-General
More informationNew York City Bar Association. International Justice Day Celebration New York, 13 July 2010
New York City Bar Association International Justice Day Celebration New York, 13 July 2010 Remarks by Ms. Patricia O Brien, Under-Secretary-General for Legal Affairs, The Legal Counsel Mr. Stoelting, Distinguished
More informationRegional Roundtable Discussion on Implementation of the Rome Statute of the International Criminal Court
Le Bureau du Procureur The Office of the Prosecutor Mrs. Fatou Bensouda Deputy Prosecutor of the International Criminal Court Regional Roundtable Discussion on Implementation of the Rome Statute of the
More informationMay 14, Foreign Ministers African Union Member States. Re: 50 th Anniversary and Advancing Justice for Grave Crimes
May 14, 2013 Foreign Ministers African Union Member States Re: 50 th Anniversary and Advancing Justice for Grave Crimes To Foreign Ministers of African Union member states: We, the undersigned African
More informationUnited Nations Human Rights Council Universal Periodic Review Republic of Sudan. Submission of Jubilee Campaign USA, Inc.
United Nations Human Rights Council Universal Periodic Review Republic of Sudan Submission of Jubilee Campaign USA, Inc. September, 2010 Jubilee Campaign promotes the human rights and religious liberty
More informationPRE-TRIAL CHAMBER II. Judge Cuno Tarfusser, Presiding Judge. SITUATION IN DARFUR, SUDAN IN THE CASE OF THE PROSECUTOR v. OMAR HASSAN AHMAD AL BASHIR
ICC-02/05-01/09-242 13-06-2015 1/6 NM PT fbae Original: English No.: ICC-02/05-01/09 Date: 13 June 2015 PRE-TRIAL CHAMBER II Before: Judge Cuno Tarfusser, Presiding Judge SITUATION IN DARFUR, SUDAN IN
More informationEuropean Parliament recommendation to the Council of 18 April 2013 on the UN principle of the Responsibility to Protect ( R2P ) (2012/2143(INI))
P7_TA(2013)0180 UN principle of the Responsibility to Protect European Parliament recommendation to the Council of 18 April 2013 on the UN principle of the Responsibility to Protect ( R2P ) (2012/2143(INI))
More informationInterview with Philippe Kirsch, President of the International Criminal Court *
INTERNATIONAL CRIMINAL TRIBUNALS Interview with Philippe Kirsch, President of the International Criminal Court * Judge Philippe Kirsch (Canada) is president of the International Criminal Court in The Hague
More informationThe International Criminal Court Key Features, Current Situation and Challenges
The International Criminal Court Key Features, Current Situation and Challenges Address by Judge Dr. jur. h. c. Hans Peter Kaul Second Vice President of the International Criminal Court At the international
More informationSudan. Political situation
Sudan Since Sudan (including South Sudan, which became independent in 2011) gained independence from Britain and Egypt in 1956, an almost uninterrupted civil war has raged between central government and
More informationPRE-TRIAL CHAMBER II. SITUATION IN DARFUR, SUDAN IN THE CASE OF THE PROSECUTOR v. OMAR HASSAN AHMAD AL BASHIR. Public Document
ICC-02/05-01/09-261 17-05-2016 1/5 EO PT F Original: English No.: ICC-02/15-01/09 Date: 17 May 2016 PRE-TRIAL CHAMBER II Before: Judge Cuno Tarfusser, Presiding Judge Judge Marc Perrin de Brichambaut Judge
More informationWhy Save Darfur Didn t Save Darfur: United to End Genocide is Making All the Same Mistakes By Prof. Gregory Stanton March 11, 2012
Why Save Darfur Didn t Save Darfur: United to End Genocide is Making All the Same Mistakes By Prof. Gregory Stanton March 11, 2012 In 2003, Humanity United (HU) called a national conference of people its
More informationAddis Ababa University School of Graduate Studies Faculty of Law
The Legality of the Indictment of President Omar Hasen Al-Bashir by the International Criminal Court Under International Law BY Takele Enkossa Addis Ababa University School of Graduate Studies Faculty
More informationALL POLITICAL PARTIES CONFERENCE (APPC) - SUDAN
JUBA DECLARATION ON DIALOGUE AND NATIONAL CONSENSUS ALL POLITICAL PARTIES CONFERENCE (APPC) - SUDAN Juba September 26 th 30 th, 2009 Under the theme Towards full Implementation of Peace Agreements and
More informationPRE-TRIAL CHAMBER II SITUATION IN DARFUR, SUDAN. IN THE CASE OF THE PROSECUTOR v. OMAR HASSAN AHMAD AL-BASHIR. Public
ICC-02/05-01/09-304 31-08-2017 1/6 RH PT Original: English No.: ICC-02/05-01/09 Date: 31 August 2017 PRE-TRIAL CHAMBER II Before: Judge Cuno Tarfusser, Presiding Judge Judge Marc Perrin de Brichambaut
More informationWar Criminals: Trial By Barrister Harun ur Rashid Former Bangladesh Ambassador to the UN, Geneva
War Criminals: Trial By Barrister Harun ur Rashid Former Bangladesh Ambassador to the UN, Geneva On 29 th January 2009, Bangladesh Parliament adopted a resolution to try war criminals. On 25 th March,
More informationJudge Silvia Fernández de Gurmendi President of the International Criminal Court
y Judge Silvia Fernández de Gurmendi President of the International Criminal Court Lectio magistralis at the Conference: New Models of Peacekeeping: Security and Protection of Human Rights. The Role of
More informationResolution ICC-ASP/11/Res.8
Resolution ICC-ASP/11/Res.8 Adopted at the 8th plenary meeting, on 21 November 2012, by consensus ICC-ASP/11/Res.8 Strengthening the International Criminal Court and the Assembly of States Parties The
More informationPRE-TRIAL CHAMBER II SITUATION IN DARFUR, SUDAN IN THE CASE OF. The Prosecutor v Omar Hassan Ahmad AL BASHIR ( Omar Al Bashir )
ICC-02/05-01/09-234 02-04-2015 1/6 EK PT Original: English No.: ICC-02/05-01/09 Date: 2 April 2015 PRE-TRIAL CHAMBER II Before: Judge Cuno Tarfusser, Presiding Judge Judge Marc Perrin de Brichambaut Judge
More informationRe: Support for the ICC at African Union (AU) summit on October 11-12
October 4, 2013 Foreign Ministers African States Parties to the International Criminal Court Re: Support for the ICC at African Union (AU) summit on October 11-12 Dear Foreign Minister: We, the undersigned
More informationStocktaking of international criminal justice. Taking stock of the principle of complementarity: bridging the impunity gap
Annex V(c) Stocktaking of international criminal justice Taking stock of the principle of complementarity: bridging the impunity gap Informal summary by the focal points * A. Introduction 1. At its seventh
More informationSUDAN Amnesty International submission to the UN Universal Periodic Review 11 th session of the UPR Working Group, May 2011
SUDAN Amnesty International submission to the UN Universal Periodic Review 11 th session of the UPR Working Group, May 2011 B. Normative and institutional framework of the State The 2010 National Security
More informationJudge Sang Hyun Song President of the International Criminal Court. Address to the United Nations General Assembly
Judge Sang Hyun Song President of the International Criminal Court Address to the United Nations General Assembly New York 26 October 2011 Mr. President, Excellencies, I am honoured to address this distinguished
More informationWhen the Statute of the International Criminal Court (the ICC. The Case of Thomas Lubanga
81 The Case of Thomas Lubanga Dyilo: The Implementation of a Fair and Public Trial at the Investigation Stage of International Criminal Court Proceedings by Yusuf Aksar * INTRODUCTION When the Statute
More informationSituation: Darfur, Sudan. Case: The Prosecutor v. Bahr Idriss Abu Garda. No. ICC 02/05 02/09
Situation: Darfur, Sudan ICC-PIDS-PIS-SUD-03-001/09_Eng Case: The Prosecutor v. Bahr Idriss Abu Garda No. ICC 02/05 02/09 Questions and answers on the summons to appear issued for Bahr Idriss Abu Garda
More informationOriginal: English Date: 26 October 2015 PRE-TRIAL CHAMBER II SITUATION IN DARFUR, SUDAN
ICC-02/05-01/09-252 26-10-2015 1/7 NM PT Original: English No.: ICC-02/05-01/09 Date: 26 October 2015 PRE-TRIAL CHAMBER II Before: Judge Cuno Tarfusser, Presiding Judge Judge Marc Perrin de Brichambaut
More informationComplementarity, the Habré Trial and the Evolution of Universal Jurisdiction
AFRICA LEGAL AID in cooperation with FIBGAR and the Kenya Human Rights Commission Present a Seminar on Complementarity, the Habré Trial and the Evolution of Universal Jurisdiction Venue: Novotel Dakar
More informationStrengthening the rule of law through the United Nations Security Council
Strengthening the rule of law through the United Nations Security Council Workshop paper series Strengthening the Rule of Law through the Security Council Workshop held at the Australian National University
More informationI. The Situation in Uganda and DRC: II. Peace without Justice or Justice without Peace? III. IV. V. Conclusion. Presentation on 07 October 2006 by
Presentation on 07 October 2006 by Dr. Robert Heinsch LL.M. International Criminal Court, The Hague 1 I. The Situation in Uganda and DRC: Is the ICC obstructing the peace process? II. III. IV. The Peace
More informationACTION SS-00 UNCLASSIFIED El 92 RELEASED IN FULL INFO LOG-00 SAS-00 /OOOW AOCB2C Z /38 P JAN 05 FM USMISSION USUN NEW
ACTION SS-00 El 92 RELEASED IN FULL INFO LOG-00 SAS-00 /OOOW ------------------AOCB2C 080035Z /38 P 0723172 JAN 05 FM USMISSION USUN NEW YORK TO SECSTATE WASHDC PRIORITY 2674 C O N F I D E N T I A L USUN
More informationTHE RELATIONSHIP BETWEEN THE INTERNATIONAL CRIMINAL COURT AND THE UNITED NATIONS
THE RELATIONSHIP BETWEEN THE INTERNATIONAL CRIMINAL COURT AND THE UNITED NATIONS WAR CRIMES RESEARCH OFFICE International Criminal Court Legal Analysis and Education Project August 2009 ACKNOWLEDGMENTS
More informationPRE-TRIAL CHAMBER I SITUATION IN DARFUR, SUDAN. IN THE CASE OF THE PROSECUTOR V. OMAR HASSAN AHMAD AL BASHIR ("Omar Al-Bashir") Public Document
ICC-02/05-01/09-93 09-07-2010 1/16 CB PT Cour Pénale Internationale International Criminal Court im z^^,^^"^ ^%^?^?^ Original: English No.: ICC-02/05-01/09 Date: 9 July 2010 PRE-TRIAL CHAMBER I Before:
More informationictj briefing Stocktaking: Peace and Justice June 2010, Kampala Executive Summary 1 Introduction 1 David Tolbert Marieke Wierda
ictj briefing The Rome Statute Review Conference June 2010, Kampala thematic case study Stocktaking: Peace and Justice David Tolbert Marieke Wierda May 2010 Executive Summary Although in force only recently,
More informationSTRENGTHENING INTERNATIONAL LAW: RULE OF LAW AND THE MAINTENANCE OF INTERNATIONAL PEACE AND SECURITY Security Council Open Debate June 22, 2006
STRENGTHENING INTERNATIONAL LAW: RULE OF LAW AND THE MAINTENANCE OF INTERNATIONAL PEACE AND SECURITY Security Council Open Debate June 22, 2006 On June 22, 2006, the Danish Presidency of the Security Council
More informationFiji Comments on the Discussion Paper on implementation of the Rome Statute of the International Criminal Court
TABLE OF CONTENTS Introduction... 1 1. Incorporating crimes within the jurisdiction of the Court... 2 (a) genocide... 2 (b) crimes against humanity... 2 (c) war crimes... 3 (d) Implementing other crimes
More informationImmunities before International Criminal Courts
Prof. Dr. Robert Uerpmann-Wittzack, Universität Regensburg www.ur.de/law/public-law/uerpmann-wittzack/ robert.uerpmann-wittzack@ur.de Immunities before International Criminal Courts 1 Introduction Under
More informationInternational Centre for Criminal Law Reform & Criminal Justice Policy (ICCLR), Vancouver, Canada UPDATE ON THE INTERNATIONAL CRIMINAL COURT
1 International Centre for Criminal Law Reform & Criminal Justice Policy (ICCLR), Vancouver, Canada UPDATE ON THE INTERNATIONAL CRIMINAL COURT Number Two August 2002 Update on the Rome Statute of the International
More informationPress conference by the President of the Assembly of States Parties, H.E. Mr. Sidiki Kaba on the withdrawal from the Rome Statute.
Original: French 28 October 2016, 14:45 Press conference by the President of the Assembly of States Parties, H.E. Mr. Sidiki Kaba on the withdrawal from the Rome Statute Part I: Opening remarks Ladies
More informationUnited Nations fact-finding mechanisms
_ EUROPEAN CENTER FOR CONSITUTIONAL AND HUMAN RIGHTS e.v. _ ZOSSENER STR. 55-58 AUFGANG D 10961 BERLIN, GERMANY _ PHONE +49.(030).40 04 85 90 FAX +49.(030).40 04 85 92 MAIL INFO@ECCHR.EU WEB WWW.ECCHR.EU
More informationZiMUN 2017 General Assembly Research Report
Forum: Security Council Issue: Changing the environment of acceptance: Strengthening the role of the ICC in protecting human rights. Student officer: Pareen Bhagat Position: President Chair Introduction
More informationRABAT PLAN OF ACTION ON THE PREVENTION OF ATROCITIES, THE RULE OF LAW AND THE INTERNATIONAL CRIMINAL COURT
RABAT PLAN OF ACTION ON THE PREVENTION OF ATROCITIES, THE RULE OF LAW AND THE INTERNATIONAL CRIMINAL COURT Chamber of Representatives, Rabat, Morocco, 5 December 2014 We, the Members of Parliamentarians
More informationInformal meeting of Legal Advisors of Ministries of Foreign Affairs
Bureau du Procureur Office of the Prosecutor Statement by Luis Moreno-Ocampo, Prosecutor of the International Criminal Court Informal meeting of Legal Advisors of Ministries of Foreign Affairs New York,
More informationMOTION FOR A RESOLUTION
European Parliament 2014-2019 Plenary sitting B8-0637/2017 14.11.2017 MOTION FOR A RESOLUTION with request for inclusion in the agenda for a debate on cases of breaches of human rights, democracy and the
More informationA Synergistic Failure between the UN Security Council and the International Criminal Court
King & Partridge From the SelectedWorks of Dharmendra Chatur July, 2011 A Synergistic Failure between the UN Security Council and the International Criminal Court Dharmendra Chatur Available at: https://works.bepress.com/dchatur/7/
More informationSecurity Council. United Nations S/2016/328
United Nations S/2016/328 Security Council Distr.: General 7 April 2016 Original: English Report of the Secretary-General on technical assistance provided to the African Union Commission and the Transitional
More informationthe International Community
Resolving Civil Wars: the Role of the International Community Ending Civil v. International War: International Wars: WWII, 6 years Korean War, 3 years Iran-Iraq war, 8 years Civil wars: Sudan (vs South),
More informationUsing Legal Mechanisms To Deal With the Past Starting point: State-sponsored systemic human rights abuses or other criminal behavior
Using Legal Mechanisms To Deal With the Past Starting point: State-sponsored systemic human rights abuses or other criminal behavior What if no post-abuse regime change? How can victims / families obtain
More information248 Türk ve Afrikal Sivil Toplum Kurulufllar / Turkish and African Civil Society Organizations
247 PEACE AND CONFLICT SITUATION IN SUDAN EL Hussein Abdelgalil Mohamed YASSIN FEPS-Sudan Introduction The history of Sudan is littered with dozens of proposals and agreements to end the fighting. These
More informationTable 3: Implementing the Rome Statute (Last Updated on 5/15/2002)
UMAN RIGHTS WATCH 350 Fifth Ave., 34 th Floor New York, NY, 10118 Tel: 1-212-290 4700 Fax: 1-212-736 1300 Email: hywnyc@hrw.org Website: http://www.hrw.org Table 3: Implementing the Rome Statute (Last
More informationThe International Criminal Court: Trigger Mechanisms for ICC Jurisdiction
The International Criminal Court: Trigger Mechanisms for ICC Jurisdiction Address by Dr. jur. h. c. Hans-Peter Kaul Judge and Second Vice-President of the International Criminal Court At the international
More informationDRAFT BACKGROUND 1 GENERAL AFFAIRS and EXTERNAL RELATIONS COUNCIL Monday, 16 June, in Luxembourg
Brussels, 13 June 2008 DRAFT BACKGROUND 1 GENERAL AFFAIRS and EXTERNAL RELATIONS COUNCIL Monday, 16 June, in Luxembourg The Council will start at 10.00 with a session on general affairs, namely with the
More information/\17\ PRE-TRIAL CHAMBER II. Judge Cuno Tarfusser, Presiding Judge Judge Marc Perrin de Brichambaut Judge Chang-ho Chung . SITUATION IN DARFUR, SUDAN
ICC-02/05-01/09-290 17-03-2017 1/49 EO PT Cour Penale _ rn_a_t_ 1 n_t_e_ International Criminal Court o_n_a_1_ e i ( /\17\ I------------ di Original: English No.: ICC-02/05-01/09 Date: 17 March 2017 PRE-TRIAL
More informationSudan. Conflict and Abuses in Darfur JANUARY 2017
JANUARY 2017 COUNTRY SUMMARY Sudan Sudan s human rights record remains abysmal in 2016, with continuing attacks on civilians by government forces in Darfur, Southern Kordofan, and Blue Nile states; repression
More informationIN THE HIGH COURT OF SOUTH AFRICA (GAUTENG DIVISION, PRETORIA)
1 IN THE HIGH COURT OF SOUTH AFRICA (GAUTENG DIVISION, PRETORIA) Case Number: 27740/2015 DELETE WHICHEVER IS NOT APPLICABLE (1) REPORTABLE: YES/NO. (2) OF INTEREST TO OTHER JUDGES: YES/NO. (3) REVISED.
More informationDARFUR AUSTRALIA NETWORK NEWSLETTER
About DAN The Darfur Australia Network (DAN) is a not-for-profit community organization run by members of Australia s emerging Darfuri Sudanese communities and concerned volunteers DAN was founded in May
More informationSudan. Conflict and Abuses in Darfur, Southern Kordofan, and Blue Nile
JANUARY 2018 COUNTRY SUMMARY Sudan Sudan s human rights record continued to be defined by government repression and violations of basic civil and political rights, restriction of religious freedoms, and
More information14 cases in 7 situations have been brought before the International Criminal Court.
ICC - Situations and cases 2/20/12 10:38 AM ICC» Situations and Cases Advanced search Situations and cases 14 cases in 7 situations have been brought before the International Criminal Court. Pursuant to
More informationFACT SHEET THE INTERNATIONAL CRIMINAL COURT
FACT SHEET THE INTERNATIONAL CRIMINAL COURT 1. What is the International Criminal Court? The International Criminal Court (ICC) is the first permanent, independent court capable of investigating and bringing
More informationDate: 30 April 2018 THE APPEALS CHAMBER
ICC-02/05-01/09-350 30-04-2018 1/6 EK PT OA2 Original: English No. ICC-02/05-01/09 OA2 Date: 30 April 2018 THE APPEALS CHAMBER Before: Judge Chile Eboe-Osuji, Presiding Judge Judge Howard Morrison Judge
More informationCombating impunity and strengthening accountability and the rule of law
OHCHR Photo/Rob Few Human rights training of security forces in Uganda. A sound understanding of human rights standards among law enforcement officials is essential for access to justice. 50 OHCHR MANAGEMENT
More informationBuilding Peace in Africa! Those that make peaceful change impossible make violent change inevitable.
Building Peace in Africa! Those that make peaceful change impossible make violent change inevitable. My relationship with Misereor dates back 18 years; so it is nice to be here, it feels a bit like coming
More informationAFRICA AND THE ICC: WHICH WAY FORWARD?
AFRICA AND THE ICC: WHICH WAY FORWARD? By Daniel Ehighalua THE International Criminal Court (ICC) is the world's first permanent international criminal court. The ICC was established pursuant to the adoption
More informationSOUTHERN SUDAN SELF- DETERMINATION PRIVATE MEMBERS MOTION 2010
University of Houston From the SelectedWorks of Barrie Hansen JD (Hons), LLM Winter October 11, 2010 SOUTHERN SUDAN SELF- DETERMINATION PRIVATE MEMBERS MOTION 2010 B Hansen, JD (Hons), Bond University
More informationSudan: The Crisis in Darfur and Status of the North-South Peace Agreement
Sudan: The Crisis in Darfur and Status of the North-South Peace Agreement Ted Dagne Specialist in African Affairs June 1, 2011 Congressional Research Service CRS Report for Congress Prepared for Members
More informationPolitical Will and Multilateral Cooperation in International Justice
Political Will and Multilateral Cooperation in International Justice An Interview with Richard Goldstone YJIA: How would you characterize the main challenges facing the International Criminal Court (ICC)
More informationINTERNATIONAL CRIMINAL COURT FIVE RECOMMENDATIONS TO THE 14TH SESSION OF THE ASSEMBLY OF STATES PARTIES (18 TO 26 NOVEMBER 2015)
INTERNATIONAL CRIMINAL COURT FIVE RECOMMENDATIONS TO THE 14TH SESSION OF THE ASSEMBLY OF STATES PARTIES (18 TO 26 NOVEMBER 2015) Amnesty International Publications First published in October 2015 by Amnesty
More informationRevolutions in North Africa and the International Criminal Court: The new role of the US Administration
Revolutions in North Africa and the International Criminal Court: The new role of the US Administration ESADEgeo Position Paper 16 June 2011 Amparo Martínez Guerra Ph.D. in criminal law. Professor in international
More informationASIL Insight May 14, 2010 Volume 14, Issue 11 Print Version. The First Review Conference of the Rome Statute of the International Criminal Court
ASIL Insight May 14, 2010 Volume 14, Issue 11 Print Version The First Review Conference of the Rome Statute of the International Criminal Court By David Kaye Introduction Twelve years ago this summer,
More informationHe was allegedly former Chief of Staff of the Sudan Liberation Army Unity (SLA Unity),
ICC-PIDS-PIS-SUD-04-001/10_Eng Situation: Darfur, Sudan Case: The Prosecutor v. Abdallah Banda Abakaer Nourain and Saleh Mohammed Jerbo Jamus No. ICC 02/05 03/09 Questions and answers on the summonses
More informationTHE INTERNATIONAL CRIMINAL COURT AND THE EVOLUTION OF THE IDEA OF COMBATING IMPUNITY: AN ASSESSMENT 15 YEARS AFTER THE ROME CONFERENCE
OBSERVARE Universidade Autónoma de Lisboa THE INTERNATIONAL CRIMINAL COURT AND THE EVOLUTION OF THE IDEA OF COMBATING IMPUNITY: AN ASSESSMENT 15 YEARS AFTER THE ROME CONFERENCE pgalvaoteles@gmail.com.
More informationImplementing the International Criminal Court
Implementing the International Criminal Court Wayne Sandholtz School of International Relations and Gould School of Law University of Southern California wayne.sandholtz@usc.edu The International Criminal
More informationPeace or Justice? : The Dilemma of the International Criminal Court
University of Lethbridge Research Repository OPUS Undergraduate http://opus.uleth.ca Lethbridge Undergraduate Research Journal (LURJ) 2008-03 : The Dilemma of the International Criminal Court Sengupta,
More informationJudge Silvia Fernández de Gurmendi President of the International Criminal Court
Judge Silvia Fernández de Gurmendi President of the International Criminal Court Remarks to the United Nations General Assembly delivering the Court s annual report Check against delivery New York 30 October
More informationWe Should at All Costs Prevent the ICC from Being Politicized
We Should at All Costs Prevent the ICC from Being Politicized Interview with Fatou Bensouda, Chief Prosecutor of the International Criminal Court (ICC), and former Attorney General and Minister of Justice
More informationCOUNCIL OF THE EUROPEAN UNION. Brussels, 29 September /06 PE 302 PESC 915 COAFR 202 ACP 150
COUNCIL OF THE EUROPEAN UNION Brussels, 29 September 2006 13429/06 PE 302 PESC 915 COAFR 202 ACP 150 NOTE from : General Secretariat to : Delegations Subject : Plenary session of the European Parliament,
More informationProposal for an International Criminal Court Arrest Procedures Protocol
Northwestern Journal of International Human Rights Volume 12 Issue 3 Article 1 Summer 2014 Proposal for an International Criminal Court Arrest Procedures Protocol d-scheffer@law.northwestern.edu Follow
More informationResolution ICC-ASP/14/Res.4
Resolution ICC-ASP/14/Res.4 Adopted at the 12th plenary meeting, on 26 November 2015, by consensus ICC-ASP/14/Res.4 Strengthening the International Criminal Court and the Assembly of States Parties The
More informationUC Davis Model United Nations Conference 2013 Committee African Union (AU)
UC Davis Model United Nations Conference 2013 Committee African Union (AU) Dear Delegates, My name is Bhumika Kukreja and I am a first year at UC Davis, majoring in Microbiology and International Relations.
More informationSIXTEENTH REPORT OF THE PROSECUTOR OF THE INTERNATIONAL CRIMINAL COURT TO THE UN SECURITY COUNCIL PURSUANT TO UNSCR 1593 (2005)
Le Bureau du Procureur The Office of the Prosecutor SIXTEENTH REPORT OF THE PROSECUTOR OF THE INTERNATIONAL CRIMINAL COURT TO THE UN SECURITY COUNCIL PURSUANT TO UNSCR 1593 (2005) INTRODUCTION 1. The present
More information