[166] As of 18 October 2007, the Court had field offices in Kampala, Kinshasa, Bunia, Abéché and Bangui.[166]. [115] A majority of the three judges present, as triers of fact, may reach a decision, which must include a full and reasoned statement. International Criminal Court (14 October 2005). The International Criminal Court does currently not have jurisdiction regarding the crime of aggression. trials of elite perpetrators have deterrence and preventive effects for atrocity crimes. The Bemba trial in the Central African Republic situation is concluded. Le Bureau du Procureur est un organe de la Cour indépendant. Therefore, if legitimate national investigations or proceedings into crimes have taken place or are ongoing, the Court will not initiate proceedings. Some advocates have suggested that the ICC go "beyond complementarity" and systematically support national capacity for prosecutions. They avoid taking stances that could potentially give the Court's adversaries, particularly the US, more motive to berate the organization. The Court's subject-matter jurisdiction means the crimes for which individuals can be prosecuted. [305] Moreover, following the threats of certain African states (initially Burundi, Gambia and South Africa) to withdraw their ratifications, Bensouda again referred to the principle of complementarity as a core principle of ICC's jurisdiction and has more extensively focused on the principle's application on the latest Office of The Prosecutor's Report on Preliminary Examination Activities 2016.[306]. The President is the most senior judge chosen by his or her peers in the Judicial Division, which hears cases before the Court. [79] In addition, article 70 defines offences against the administration of justice, which is a fifth category of crime for which individuals can be prosecuted. Description 213 pages ; 22 cm. We have seen international justice become more and more a political matter." The Office of the Prosecutor is headed by the Prosecutor who investigates crimes and initiates criminal proceedings before the Judicial Division. textes juridiques fondamentaux de la CPI. The Court engages in two-way dialogue directly with communities that have suffered from crimes under its jurisdiction, so that they can communicate directly with the Court and gain a sense of ownership in the judicial process. [88], Article 8 bis defines crimes of aggression. La Cour pénale internationale Conférence donnée par Yves Daoudal à l’université d’été de Chrétienté-Solidarité, à Saint-Jacques de Compostelle, en 2002 La Cour pénale internationale. NGOs are greatly represented at meetings for the Assembly of States Parties, and they use the ASP meetings to press for decisions promoting their priorities. Trials in the Ntaganda case (DR Congo), the Bemba et al.   Investigation pending authorization [146] Such a deferral may be renewed indefinitely by the Security Council. Traductions en contexte de "Cour pénale internationale" en français-anglais avec Reverso Context : la cour pénale internationale, de rome de la cour pénale internationale, statut de la cour pénale internationale, création d'une cour pénale internationale, la création d'une cour pénale internationale [6] A second major advocate was Robert Kurt Woetzel, who co-edited Toward a Feasible International Criminal Court in 1970 and created the Foundation for the Establishment of an International Criminal Court in 1971. A situation is listed here if the Prosecutor of the Court has opened an investigation. OTP's policy papers are subject to revision. [300] It is also argued that justice is a means to peace: "As a result, the ICC has been used as a means Participating victims and witnesses are protected, Les victimes et les témoins qui participent sont protégés, La sensibilisation et l'information instaurent un véritable dialogue, Interacting with communities affected by crimes, Les équipes de l’Accusation sont indépendantes, Les droits des personnes mises en cause sont respectés, Interaction avec les communautés affectées par des crimes. The HUDOC database provides access to the case-law of the Court (Grand Chamber, Chamber and Committee judgments and decisions, communicated cases, advisory opinions and legal summaries from the Case-Law Information Note), the European Commission of Human Rights (decisions and reports) and the Committee of Ministers (resolutions) This marked the first time the ICC convicted someone of sexual violence as they added rape to his conviction. To ensure "equality of arms" between defence and prosecution teams, the ICC has established an independent Office of Public Counsel for the Defence (OPCD) to provide logistical support, advice and information to defendants and their counsel. [30], On 30 September 2020, prominent United States human rights lawyers announced that they would sue Trump and his Administration, including Secretary of State Mike Pompeo, Treasury secretary Steven Mnuchin, attorney general William Barr, and OFAC director Andrea Gacki, the and the departments they head, on the grounds that Trump's executive order had gagged them, violating their right to free speech, and impeded their work in trying to obtain justice on behalf of victims of war crimes. Over 900 staff members: From approximately 100 States. However, this amendment specified that the ICC would not be allowed to exercise jurisdiction of the crime of aggression until two further conditions had been satisfied: (1) the amendment has entered into force for 30 states parties and (2) on or after 1 January 2017, the Assembly of States Parties has voted in favor of allowing the Court to exercise jurisdiction. [53], The Prosecutor or any person being investigated or prosecuted may request the disqualification of a judge from "any case in which his or her impartiality might reasonably be doubted on any ground". Participation in the Court's proceedings will in most cases take place through a legal representative and will be conducted "in a manner which is not prejudicial or inconsistent with the rights of the accused and a fair and impartial trial". "[280] Despite these calls, the ICC went ahead with requiring William Ruto to attend his trial. The Registry is headed by the Registrar and is charged with managing all the administrative functions of the ICC, including the headquarters, detention unit, and public defense office. "[130] Article 68 sets out procedures for the "Protection of the victims and witnesses and their participation in the proceedings. The Court's management oversight and legislative body, the Assembly of States Parties, consists of one representative from each state party. OBJECTIFS : L'objectif principal est la formation des avocats, des magistrats, des praticiens du droit en matière de droit pénal international et de procédure pénale internationale. Title La Cour pénale internationale : entre nécessité de justice et impératif de paix / Dindio Konaté ; préface Francis Dacko. La Cour participe à une lutte mondiale visant à mettre un terme à l’impunité et s’emploie, au moyen de la justice internationale, à amener les auteurs des crimes à répondre de leurs actes et à contribuer à empêcher que ces crimes ne soient à nouveau perpétrés. However, NGOs are also "sources of criticism, exhortation and pressure upon" the ICC. The ICC's detention centre is a short distance away. De nos jours, le traité est l’instrument juridique qui oriente le travail de la CPI et il est développé dans les autres textes juridiques, notamment les Éléments des crimes et le Règlement de procédure et de preuve. The official seat of the Court is in The Hague, Netherlands, but its proceedings may take place anywhere.[153][154]. The three jurisdictional requirements are (1) subject-matter jurisdiction (what acts constitute crimes), (2) territorial or personal jurisdiction (where the crimes were committed or who committed them), and (3) temporal jurisdiction (when the crimes were committed). His paper essentially argues that the Αl‐Senussi case arguably is the first instance of the complementarity principle's actual implementation eleven whole years after the ratification of the Rome Statute of the International Criminal Court. In the subsequent two weeks, South Africa and Gambia also announced their intention to leave the court, with Kenya and Namibia reportedly also considering departure. [85] Such crimes include attacking civilians or civilian objects, attacking peacekeepers, causing excessive incidental death or damage, transferring populations into occupied territories, treacherously killing or wounding, denying quarter, pillaging, employing poison, using expanding bullets, rape and other forms of sexual violence, and conscripting or using child soldiers. The ICC's detention centre accommodates both those convicted by the court and serving sentences as well as those suspects detained pending the outcome of their trial. Luban, David, "America the Unaccountable". Ces échanges leur permettent de communiquer directement avec la Cour et d’acquérir le sentiment de s’approprier le processus judiciaire. [279] However, the summit did conclude that serving heads of state should not be put on trial and that the Kenyan cases should be deferred. States which become party to the Rome Statute become members of the ICC, serving on the Assembly of States Parties, which administers the court. Kofi Annan, ancien Secrétaire général de l’Organisation des Nations Unies. It means that the ICC acts inconsistently in its selection of cases, is prevented from taking on hard cases and loses legitimacy. Beyond Complementarity: The International Criminal Court and National Prosecutions, a View from Haiti, International Military Tribunal for the Far East, International Criminal Tribunal for the former Yugoslavia, International Criminal Tribunal for Rwanda, Coalition for the International Criminal Court, Rome Statute of the International Criminal Court, Review Conference of the Rome Statute of the International Criminal Court, National Security Advisor of the United States, States parties to the Rome Statute of the International Criminal Court, Presidency of the International Criminal Court, Judges of the International Criminal Court, Prosecutor of the International Criminal Court, Convention on the Prevention and Punishment of the Crime of Genocide, Deportation or forcible transfer of population, United Nations General Assembly Resolution 3314, People detained by the International Criminal Court § Detention centre, International Criminal Court investigations, International Federation of Human Rights Leagues, General debate of the sixty-eighth session of the United Nations General Assembly, Agreement on the Privileges and Immunities of the International Criminal Court, "The International Criminal Court: An Introduction", "Reasonable Doubt: The Case Against the Proposed International Criminal Court", "Election of Mr Arthur N.R. [162] Formerly belonging to KPN, the provisional headquarters were located at Maanweg 174 in the east-central portion of the city. [108] In accordance with the Rome Statute, a person shall be criminally responsible and liable for punishment for a crime within the jurisdiction of the Court if that person: Commits such a crime, whether as an individual, jointly with another or through another person, regardless of whether that other person is criminally responsible;[109] Orders, solicits or induces the commission of such a crime which in fact occurs or is attempted;[110] For the purpose of facilitating the commission of such a crime, aids, abets or otherwise assists in its commission or its attempted commission, including providing the means for its commission;[111] In any other way contributes to the commission or attempted commission of such a crime by a group of persons acting with a common purpose. ICC judges have issued 35 arrest warrants. Henry A. Kissinger. Although NGOs and states cannot directly impact the judicial nucleus of the organization, they can impart information on crimes, can help locate victims and witnesses, and can promote and organize victim participation. The Banda trial in the situation of Darfur, Sudan, was scheduled to begin in 2014 but the start date was vacated. “The US government has reason to doubt the honesty of the ICC. Since it has no retroactive jurisdiction, the ICC deals with crimes committed on or after this date. [22][23], In October 2016, after repeated claims that the court was biased against African states, Burundi, South Africa and the Gambia announced their withdrawals from the Rome Statute. 1 Chung Chang-ho 2018.jpg 8,256 × 5,504; 38.21 MB. [116] Trials are supposed to be public, but proceedings are often closed, and such exceptions to a public trial have not been enumerated in detail. CS1 maint: BOT: original-url status unknown (. They are engaged in monitoring, commenting upon, and assisting in the ICC's activities. [76] The current Registrar is Peter Lewis, who was elected on 28 March 2018.[77]. Resolution 5 amended Article 8 on war crimes, criminalizing the use of certain kinds of weapons in non-international conflicts whose use was already forbidden in international conflicts. In his first book published in 1975, entitled Defining International Aggression: The Search for World Peace, he advocated for the establishment of such a court. "Nice idea, now make it work; The International Criminal Court is struggling to justify itself amid accusations of bias against Africa", Immunity of state officials from foreign criminal jurisdiction – Bibliographies on the topics of the International Law Commission (no. Concurrently, the quest to find a way to punish international crimes shifted from being the exclusive responsibility of legal experts to being shared with international human rights activism. Charges against Dominic Ongwen in the Uganda situation and Ahmed al-Faqi in the Mali situation have been confirmed;[177] both are awaiting their trials. COUR PÉNALE INTERNATIONALE Dr Karin N . Centre des Barreaux du Sud-Est. After considering the Committee's report, the General Assembly created the Preparatory Committee on the Establishment of the ICC to prepare a consolidated draft text. [140] Also, there is an obligation to respect and ensure respect for international humanitarian law, which stems from the Geneva Conventions and Additional Protocol I,[141] which reflects the absolute nature of international humanitarian law. [278] At the summit, the AU did not endorse the proposal for a collective withdrawal from the ICC due to lack of support for the idea. ​La Cour pénale internationale (CPI) mène des enquêtes et, le cas échéant, juge les personnes accusées des crimes les plus graves qui touchent l’ensemble de la communauté internationale : génocide, crimes de guerre, crimes contre l’humanité et crime d’agression. [54] Any request for the disqualification of a judge from a particular case is decided by an absolute majority of the other judges. Therefore, an individual can only be prosecuted if he or she has either (1) committed a crime within the territorial jurisdiction of the Court or (2) committed a crime while being a national of a state that is within the territorial jurisdiction of the Court. Human Rights Watch (HRW) reported that the ICC's prosecutor team takes no account of the roles played by the government in the conflict of Uganda, Rwanda or Congo. [150] However, the United Nations[151] and the International Committee of the Red Cross[152] maintain that granting amnesty to those accused of war crimes and other serious crimes is a violation of international law. "Transnational Crime." [57] Luis Moreno-Ocampo, chief ICC prosecutor, stressed in 2011 the importance of politics in prosecutions: "You cannot say al-Bashir is in London, arrest him. The relationship between the Court and the UN is governed by a "Relationship Agreement between the International Criminal Court and the United Nations".[267][268]. ICC case information sheet on the Mudacumura case. [101], The principle of complementarity means that the Court will only prosecute an individual if states are unwilling or unable to prosecute. Some of them, including China and India, are critical of the Court. Julien Kouanga -- Central African Republic. Europe – From Lubanga to Kony, is the ICC only after Africans? 13 personnes sont toujours en liberté. [19], During the administration of Barack Obama, US opposition to the ICC evolved to "positive engagement," although no effort was made to ratify the Rome Statute. [35] Burundi and the Philippines were member states, but later withdrew effective 27 October 2017 and 17 March 2019, respectively. Their legal experts helped shape the Statute, while their lobbying efforts built support for it. However, the Rome Statute grants certain powers to the United Nations Security Council, which limits its functional independence. [122] These include the right to be fully informed of the charges against him or her; the right to have a lawyer appointed, free of charge; the right to a speedy trial; and the right to examine the witnesses against him or her. Every communication is first given an initial assessment to determine if it is sufficiently serious and if it falls within the Court's jurisdiction (phase 1). Criminal Justice Ethics 28.1 (2009): 5–24. The five following Policy Papers have been published since the start of the ICC: On the Policy Paper published in September 2016 it was announced that the International Criminal Court will focus on environmental crimes when selecting the cases. Benjamin B. Ferencz, an investigator of Nazi war crimes after the Second World War, and the Chief Prosecutor for the United States Army at the Einsatzgruppen Trial, became a vocal advocate of the establishment of international rule of law and of an international criminal court. The threat included sanctions against any of over 120 countries which have ratified the Court for cooperating in the process. Currently, the Office of the Prosecutor has opened investigations in 12 situations: Burundi; two in the Central African Republic; Côte d'Ivoire; Darfur, Sudan; the Democratic Republic of the Congo; Georgia; Kenya; Libya; Mali; Uganda; and Bangladesh/Myanmar. There have thus far been 28 cases before the Court, with some cases having more than one suspect. Where there is a reasonable basis to proceed, it is mandatory for the Prosecutor to initiate an investigation. The ICC is the first and only permanent international court with jurisdiction to prosecute individuals for the international crimes of genocide, crimes against humanity, war crimes, and the crime of aggression. Article 13 allows the Security Council to refer to the Court situations that would not otherwise fall under the Court's jurisdiction (as it did in relation to the situations in Darfur and Libya, which the Court could not otherwise have prosecuted as neither Sudan nor Libya are state parties). If it does, the Office begins a preliminary examination by first considering whether the alleged crimes fall within the subject-matter jurisdiction of the Court (phase 2). Voir tous les Qu'est-ce que la sensibilisation? Et cela vaut encore aujourd’hui. As a court of last resort, it seeks to complement, not replace, national Courts. Cour Pénale Internationale. "[92] The Statute defines an "act of aggression" as "the use of armed force by a State against the sovereignty, territorial integrity or political independence of another State, or in any other manner inconsistent with the Charter of the United Nations. The Presidency is responsible for the proper administration of the Court (apart from the Office of the Prosecutor). It is then up to the Prosecutor acting ex proprio motu ("of his own motion" so to speak) to initiate an investigation under the requirements of Article 15 of the Rome Statute. The preliminary examination of the situation in Iraq / the United Kingdom was initially closed on 9 February 2006, but was reopened on 13 May 2014. [301], That the ICC cannot mount successful cases without state cooperation is problematic for several reasons. [157] In addition, the host state organised and financed the architectural design competition which started at the end of 2008. The victim-based provisions within the Rome Statute provide victims with the opportunity to have their voices heard and to obtain, where appropriate, some form of reparation for their suffering. Il était ensuite présent à Irkoutsk avec Catherine Lalumière au Palais des Décembristes avec le Gouverneur de Sibérie Orientale. [16] The Court issued its first judgment in 2012 when it found Congolese rebel leader Thomas Lubanga Dyilo guilty of war crimes related to using child soldiers. The International Military Tribunal, which sat in Nuremberg, prosecuted German leaders while the International Military Tribunal for the Far East in Tokyo prosecuted Japanese leaders. During the 1970s and 1980s, international human rights and humanitarian Nongovernmental Organizations (or NGOs) began to proliferate at exponential rates. [175] Bemba's convictions were overturned by the Court's Appeal Chamber in 2018.[176]. Sunga, Lyal S. "The Emerging System of International Criminal Law: Developments in Codification and Implementation" (Brill) (1997). As of November 2019, there are 123 ICC member states; 42 states have neither signed nor become parties to the Rome Statute. Article 6 defines the crime of genocide as "acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group". The Statute contains three jurisdictional requirements and three admissibility requirements. [96] As with territorial jurisdiction, the personal jurisdiction can be expanded by the Security Council if it refers a situation to the Court.[97]. "They are announced with the declared aim of influencing the actions of ICC officials in the context of the court’s independent and objective investigations and impartial judicial proceedings. [106], The Court has jurisdiction over natural persons[107] [170] As of April 2017[update], the ICC's staff consisted of 800 persons from approximately 100 states. And that revealed one of the ICC's weaknesses", "Victor Tsilonis, "The Awakening Hypothesis of the Complementarity Principle", in C.D. [286][287] However, following Gambia's presidential election later that year, which ended the long rule of Yahya Jammeh, Gambia rescinded its withdrawal notification. Situation in Georgia, Public Document with Confidential, EX PARTE, Annexes A, B, C, D.2, E.3, E.7, E.9, F, H and Public Annexes 1, D.1, E.1, E.2, E.4, E.5, E.6, E.8, G, I, J, ICC‐01/15‐4 13‐10‐2015 1/160 EO PT, pp. [43] If consensus cannot be reached, decisions are made by vote. The ICC has issued arrest warrants for 36 individuals and summonses to eight others. Three architects were chosen by an international jury from a total of 171 applicants to enter into further negotiations. [265] The Court reports to the UN each year on its activities,[265][266] and some meetings of the Assembly of States Parties are held at UN facilities. From 1996 to 1998, six sessions of the Preparatory Committee were held at the United Nations headquarters in New York City, during which NGOs provided input and attended meetings under the umbrella organisation of the Coalition for the International Criminal Court (CICC). La justice est une condition essentielle à une paix durable. [45], The states parties cannot interfere with the judicial functions of the Court. Convicted and sentenced to 14 years imprisonment; In ICC custody; convicted and sentenced to 30 years' imprisonment; under appeal; in ICC custody; if conviction and sentence stand, release between 2033 and 2043, Appeals by Prosecution and Defence discontinued. In 1994, the ILC presented its final draft statute for the International Criminal Court to the General Assembly and recommended that a conference be convened to negotiate a treaty that would serve as the Court's statute. ICC core legal texts. The ICC has a victim and witness protection programme that uses both operational and procedural protective measures. The CICC has 2,500 member organizations in 150 different countries. [285], On 7 October 2016, Burundi announced that it would leave the ICC, after the court began investigating political violence in that nation. Author Tine, A. (Alioune), 1949-Description 199 pages : illustrations ; 21 cm. NGOs can pursue their own mandates, irrespective of whether they are compatible with those of other NGOs, while the ICC must respond to the complexities of its own mandate as well as those of the states and NGOs. Antoinette Mukeshimana. [55], The Prosecutor may open an investigation under three circumstances:[55], Any person being investigated or prosecuted may request the disqualification of a prosecutor from any case "in which their impartiality might reasonably be doubted on any ground". [296] This move was widely criticized by human rights groups. Lid worden en connectie maken International Criminal Court - Cour Pénale Internationale. An, If there was a warrant of arrest, the dates of transfer to the International Criminal Court (. [142] Although the wording of the Conventions might not be precise as to what steps have to be taken, it has been argued that it at least requires non-party states to make an effort not to block actions of ICC in response to serious violations of those Conventions. [297] The United States ordered sactions against the ICC prosecutor Fatou Bensouda, and the ICC's head of Jurisdiction, Complementary, and Cooperation Division, Phakiso Mochochok for an investigation into alleged war crimes by U.S. forces and the Central Intelligence Agency (CIA) in Afghanistan since 2003. [123][124] The OPCD also helps to safeguard the rights of the accused during the initial stages of an investigation. [5][7] Following Trinidad and Tobago's proposal, the General Assembly tasked the ILC with once again drafting a statute for a permanent court. Ethiopian Foreign Minister Tedros Adhanom said: "We have rejected the double standard that the ICC is applying in dispensing international justice. The ICC, said Bolton, is "superfluous" given that "domestic judicial systems already hold American citizens to the highest legal and ethical standards." Six persons are in detention. participate in ICC proceedings. In June 1989 Prime Minister of Trinidad and Tobago, A. N. R. Robinson revived the idea of a permanent international criminal court by proposing the creation of such a court to deal with the illegal drug trade. seri zokou | Brussels, Brussels Region, Belgium | Avocat au Barreau de Bruxelles et à la Cour Pénale Internationale at PHOENIX LAW AVOCATS (Founder) | 135 connections | … [125] However, Thomas Lubanga's defence team say they were given a smaller budget than the Prosecutor and that evidence and witness statements were slow to arrive.[126]. If charges were not confirmed or withdrawn or if proceedings were terminated, the Prosecutor may again prosecute with fresh evidence. [104], The Prosecutor will initiate an investigation unless there are "substantial reasons to believe that an investigation would not serve the interests of justice" when "[t]aking into account the gravity of the crime and the interests of victims". However, the actual application of the complementarity principle has recently come under theoretical scrutiny. [12], Following 60 ratifications, the Rome Statute entered into force on 1 July 2002 and the International Criminal Court was formally established. "Convention contre la torture et autres peines ou traitements cruels et inhumains ou dégradants": p. 182-199. Lawyer at Cour Pénale Internationale Myanmar Law Practice. Legal Coordinator at International Criminal Court - Cour Pénale Internationale Den Haag en omgeving, Nederland Meer dan 500 connecties. International Criminal Justice at the Crossroads, "Immunität und IStGH: Zur Bedeutung völkerrechtlicher Exemtionen für den Internationalen Strafgerichtshof", Justice for Victims before the International Criminal Court, The United States and the International Criminal Court, Averting Palestinian Unilateralism: The International Criminal Court and the Recognition of the Palestinian Authority as a Palestinian State, International Center for Transitional Justice, Criminal Justice page, United Nations website on the Rome Statute, The Coalition for the International Criminal Court. 0 connections. "[93] The article also contains a list of seven acts of aggression, which are identical to those in United Nations General Assembly Resolution 3314 of 1974 and include the following acts when committed by one state against another state:[94], Article 70 criminalizes certain intentional acts which interfere with investigations and proceedings before the Court, including giving false testimony, presenting false evidence, corruptly influencing a witness or official of the Court, retaliating against an official of the Court, and soliciting or accepting bribes as an official of the Court.[95]. [45] However, critics of the Court argue that there are "insufficient checks and balances on the authority of the ICC prosecutor and judges" and "insufficient protection against politicized prosecutions or other abuses". Jean-Marie Henckaerts & Louise Doswald-Beck, 2005. Ugandan President Yoweri Museveni accused the ICC of "mishandling complex African issues." [269] These are the kinds of events that are often hosted or organized by local NGOs.

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