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(2002 – 2005)
An Undergraduate Thesis Presented to the Faculty of The College of Liberal Arts De La Salle University – Dasmariñas
In Partial Fulfillment Of the Requirement for the Degree in Bachelor of Arts Major in Political Science
Isabela Francesca P. Amistad Ray M. Faltado Johna J. Juarte Kaye Gay Anne O. Oro
October 2008 APPROVAL SHEET
Certificate of Adviser
This certify that the thesis entitled “The Quest for Justice: A Study of International Criminal Court’s Solemn Guarantee for Universal Human Rights (2002 – 2005)” submitted by Isabela Francesca P. Amistad, Ray M. Faltado, Johna J. Juarte and Kaye Gay Anne O. Oro in partial fulfillment of the requirement for the degree of Bachelor of Arts major in Political Science, has been approved by undersigned.
Mr. Ricardo T. Santiago, Ph.D. Adviser
Thesis review panel Approved by the Thesis Committee on oral exam with the grade of ________.
Jose Aims Rocina, MA Chair
Accepted and approved in partial fulfillment for the degree of Bachelor of Arts major in Political science.
Emmanuel F. Calairo, Ph.D. Dean, College of Liberal Arts
De La Salle University – Dasmariñas Dasmariñas, Cavite
Certificate of Editor
This is to certify that the thesis entitled “The Quest for Justice: A Study of International Criminal Court’s Solemn Guarantee for Universal Human Rights (2002 – 2005)” conducted by Isabela Francesca P. Amistad, Ray M. Faltado, Johna J. Juarte and Kaye Gay Anne O. Oro has been edited by the undersigned.
Mr. Rodolfo V. Bagay Editor
Acknowledgement This thesis is a product of mutually. Because of this. we would like to extend our gratitude to all the people who provided help in keeping us from breaking the last strand of understanding. One of the features of the paper is collaboration and certainly it required many acts of collaboration by quite a few people in order to come to completion. and physically exhausting labor. The work of this thesis represents the concerted efforts of many individuals over nearly three years. and writing. we begin by thanking the students who enthusiastically permitted us to use them as “lab rats” for this study. First. They were a legion of generous. kind and caring individuals who possessed keen senses of humor. It was a joy to sift . We remember them fondly and remain in contact with a few even after leaving the school more than two years ago. So it is that we begin our thanks to those who lent their support and expertise to us in the last few years. financially. When we presented our project to our thesis committee. processing. we began by saying how blessed we felt that the topic and content of our thesis work were still fascinating and enjoyable to us even after so many hours of study. And we are also grateful that the knowledge gained through this study is so very relevant and useful to our current teaching practices.
IFPA RMF JJJ KGAOO . Jose Aims Rocina were especially supportive in listening to our ideas and helping us work out logistical details.through the data they shared with us as they made observations and insights into their own learning processes. I want to thank our parents for patiently putting up with children like us who could never get enough of school. this cannot be completed without the guidance and blessings of Almighty God. We can never thank them enough! And lastly. and bully through this long process. cheer.D. Ph. To our peers at DLSU-D Political Science 4-2. We would like to also express our thanks to our colleagues at De La Salle University . thank you for your many hours of support. From the Social Sciences Department and to our thesis adviser Mr. and most importantly. and our Professor Mr. Cheers! Of course. we offer this humble work to Him. Ricardo T. Santiago.Dasmariñas.
Oro FUNDING SOURCE: DATE STARTED: DATE COMPLETED: OBJECTIVES OF THE STUDY: GENERAL: This study tries to answer the purpose of the International Criminal Court in guaranteeing universal human rights. Faltado Johna J.00 Isabela Francesca P.ABSTRACT NAME OF INSTITUTION: ADDRESS: TITLE: De La Salle University . Cavite 4115 “The Quest for Justice: A Study of the International Criminal Court’s Solemn Guarantee for Universal Human Rights (2002 – 2005)” PROPONENTS: Ray M. Parents Cost: Php 8.Dasmariñas Dasmariñas. Amistad November 2007 January 2009 Specific: .500. Juarte Kaye Gay Anne O.
What are the crimes under the jurisdiction of said court? 3. What is the status of the cases filed in the International Criminal Court? Scope and Delimitation: This study will focus only on the following aspects of the study. and the participation of the victims and reparations. The jurisdiction of the court shall be limited to the most serious crimes of genocide. the history of International Criminal Court. the rights of the accused. and crimes of aggression that will be introduce and carefully analyze. war crimes. Who are the complainants and defendants involved in the said cases? 5. the structure of the International Criminal Court. crimes against humanity. How can the International Criminal Court acquire jurisdiction over said cases? 4. the jurisdiction of the court. It will not cover the relationship of . What is the International Criminal Court? 2.Specifically it seeks to answer the following questions: 1.
The aim of descriptive . The term descriptive is self-explanatory and terminology synonymous to this type of research is: describe. depict. Legal dictionary and encyclopedias were also utilized in this research. References in international law as well as on line articles and commentaries about Rome Statute of the International Criminal Court. The researcher presents the research method. write on. Methodology: The methods used by the researchers in gathering the necessary data to give a clear understanding or view of their study aiming to present profound information in establishing the relevance and importance of the issues being introduced.ICC with the withdrawal of the United States and its difference to International Court of Justice (ICJ). its enforcement and current status were employed as research materials. Descriptive and electronic research methods were used in this study. subject of the study and the procedures used to collect and analyze data and other relevant information.
jurisdiction. The researchers gather cases and documents using multiple sources like books pertinent to the issue which were significant to the completion and enhancement of the study. The researchers use cases that the International Criminal Court had been investigated from 2002 to 2005. the cases and the persons involved in the case that been investigated by the International Criminal Court. The emphasis is on describing rather than on judgment or interpretation. 1988). Descriptive research is thus a type of research that is primarily concerned with describing the nature or conditions and degree in detail of the present situation (Landman. It will study the implications.research is to verify formulated hypotheses that refer to the present situation in order to elucidate it. And also cases based on the internet for documentation analysis. The researcher determines cases which are unique in some way or cases which are considered typical and cases which represent a variety of parameters. The subject of the study is the significance of the international criminal court and its jurisdiction over individuals. Magazines and newspaper of general circulation revealing latest information and facts regarding the issue of International Criminal Court. . human rights that are vital to the study.
It will prove that despite of having a court responsible in trying violation of human rights cases. which would not be possible within a single case analysis. 1989). 1989). and. there are still inconsistency in defining and setting jurisdiction upon cases 4. divide the data by data source to exploit “unique insights possible from different types of data collection” (Eisenhardt. select categories and look for within-group similarities coupled with inter group differences. Three tactics are recommended: first. The cross case analysis enabled the comparison of different cases against predefined categories (Eisenhardt. there are still circumstances where in liable persons remained unpunished. Major Findings: 1. 3. select pairs of cases and list the similarities and differences between each pair. The tooth of ICC was insufficient in promoting Human Rights and imposing sanctions to the accused.The principal strategy used was the cross case analysis. second. . third. Cross case analysis enables the comparison of multiple cases in many divergent ways. Filed cases from 2005-2007 were remained unresolved. Philippines failed to sign the treaty due to massive influence of United States. 2.
2. which may not exceed a maximum of 30 . there are still unresolved pending cases which are still filed and under investigation. The Court is designed to complement national judicial systems and national courts will continue to have priority in investigating and prosecuting crimes within their jurisdiction. The Court may impose a penalty of imprisonment for a specified number of years. Conclusion: From the findings of the study. Some think that the ICC is guilty of exaggeration and hypocrisy with the indictment because of how those responsible for the crises in Iraq and Afghanistan have not been prosecuted. The International Criminal Court was in the process of determining whether it is effective or not. The International Criminal Court will act only when national courts are unable or unwilling to exercise jurisdiction based on the criteria provided in the Rome Statute. Slow prosecution and weak execution of policies became the primary reason why piles of cases remained untouched. the researchers concluded the subsequent statements: 1.5. Based on the cases gathered it proves that at present.
years or may order a fine and forfeiture of proceeds, property and assets derived directly or indirectly from the crime. Consistent with international human rights standards, the International Criminal Court has no competence to impose death penalty. The International Criminal Court will be of particular importance because it will serve as a permanent deterrent to people considering the commission of crimes which threaten the peace, security and wellbeing of the world. The Court with its wider jurisdiction than existing ad hoc tribunals will ensure that most serious offenses of global concern do not go unpunished no matter who committed them. Protection of victims as well as reparations established in the Statute serve as solemn guarantees in the promotion and protection of universal human rights and rule of law. 3. It reason behind why problems exist in defining their jurisdiction of the court cited in the Rome statute over the crimes. This study revealed that the International Criminal Court is the first ever treaty based international criminal court and a permanent institution which have the power to exercise its jurisdiction over persons for the most serious crimes of international concern. Likewise, it is independent from the United Nations and different from the International Court of Justice.
4. The relationship of the Philippines to the US had already been deepening by the times they had experience as a colony of the US and as of now we can’t deny the fact the Philippines or the leader might be influence by the US that Philippines had failed to sign the treaty. But at present the Philippines was undergoing to a ratification of the statue.
5. There are still other problems that the court was facing until now, that despite the promulgation and creation of the Rome Statue. The creation of this court had been not an easy task. This involves risk of life and liberty among the organs and also the credibility that the court stands for. It is considered weak especially to the execution of the policies and the attainment fast delivery of impartiality among constituents. And on how the complainants would pursue the complaints if they would recognize the ICC as ineffective organ. Communication is another problem, if the communications are alleged and not yet proven by facts and investigation; this would make the body incompetent. Recommendations: After the intensive study, research and data gathering; the following recommendations have been reached:
1. Future researchers should gather all the filed cases in ICC from the date of ratification up to present.
2. Future studies should conduct a survey whether or not the citizens are aware about the mission and purpose of ICC and be able to interview one of the officers on how they address ignorance of ICC.
3. Be able to present complete list of departments and persons involved in establishment of ICC.
4. Future studies should concentrate more on what measures are being used to maintain and improve the current justice system particular in human rights.
5. Students who wish to undertake the same study should focus more on the strengths of ICC and future progress in dealing with the international conflicts particularly in violation of Human Rights.
TABLE OF CONTENTS Title Page Approval Sheet Certificate of Editor Acknowledgment Abstract Table of Contents Chapter I The Problem and Its Background Introduction Statement of the Problem Assumptions Conceptual Framework Significance of the Study Scope and Delimitations of the Study Definition of Terms Chapter II Review of Related Literature Local Literature Foreign Literature Local Studies Foreign Studies Relevance to the Study Chapter III Methodology .
Conclusions and Recommendations Summary Findings Conclusion Recommendations References . Analysis and Interpretation of Data Problem 1 Problem 2 Problem 3 Problem 4 Problem 5 Chapter V Summary of Findings.Research Method Subject of the Study Data Gathering Instruments Documents Case Analysis Chapter IV Presentation.
List of Figures Figure 1 Figure 2 Figure 3 Conceptual Framework List of Table Table 1 Table 2 Appendix Appendix .
” - Kofi Annan War criminals have been prosecuted since the time of the ancient Greeks. The establishment of an International Criminal Court will ensure that humanity’s response will be swift and will be just. The idea that there is some common denominator of behavior. In this age more than ever we recognize that the crime of genocide against one people truly is an assault on us all – a crime against humanity. The early laws and customs of war can be found in the writings of classical authors and .Chapter I The Problem and Its Background Introduction “There can be no global justice unless the worst of crimes – crimes against humanity – are subject to the law. confirms beliefs drawn from philosophy and religion about some of the fundamental values of the human spirit. and probably even before that. even in the most extreme circumstances of brutal armed conflict.
but the Cold War hindered all efforts. there was renewed interest that resulted in the establishment of an International Law Commission (ILC). Many reports and drafts were prepared during the following years. is the first permanent.N. the U. National justice systems have often proven themselves to be incapable of being balanced and impartial in such cases (Schabas. treaty based court established to help end impunity for the perpetrators of the most serious crimes of international . The International Criminal Court (ICC). Gustav Moynier. in 1877.php). was only effected by national courts. 2001). In 1948. proposed a permanent court in response to the crimes of the Franco-Prussian War (http://huntforjustice. and an attempt was made at that time to create a Code of Crimes. one of the founders of the International Committee of the Red Cross. governed by the “Rome Statute”. Efforts to create an International Criminal Court began back in the nineteenth century when.com/4-icc-en. however.historians. and these remain ineffective when those responsible for the crimes are still in power and their victims’ remains conquered. Those who breached them were subject to trial and punishment. Prosecution for war crimes. After the Nuremberg Judgment in 1946. General Assembly adopted the Convention on the Prevention and Punishment of the Crime of Genocide.
which is a significant milestone in the long march of international law and justice (http://www. The Court is the focal point of an emerging system of international criminal justice.int/library/about/ataglance/ICC-Ataglance_en.pdf). The fact that individuals are the subjects of international law was recognized in the United Nations Charter. The Statute was adopted on 17 July 1998 and entered into force on 1 July 2002. It was recognized in developments in the Law of War and in the Genocide Convention. Crimes against Humanity.icccpi. That was taken further in the Universal Declaration of Human Rights. is now a fully functional judicial institution. As of 24 September 2007. and War Crimes. 105 countries are States Parties to the Rome Statute. The Court will also have jurisdiction over the Crime of Aggression once a definition has been adopted by the Assembly of States Parties. The obligation went even . the Crimes of Genocide. The Statute recognizes that States have the primary responsibility for investigating and punishing these crimes and also the Court is complementary to the efforts of States to investigate and prosecutes international crimes. international courts and tribunals with both national and international components The recognition of universal jurisdiction had very important consequences almost immediately.concern namely. which includes national courts. Governments were required to bring perpetrators of grave crimes to book regardless of where those crimes were committed.
And yet there is a tremendous resistance on the part of governments to recognize that in internal conflicts civilians should be given the protection provided in the .further. And it is a sad commentary on the 20th century. which defined apartheid as a crime against humanity. In the Apartheid Convention of the early 1970's. jurisdiction was conferred on all parties to the Convention to charge and to try people guilty of the international crime of apartheid. Another important development has been the narrowing of the difference in the manner in which civilians are entitled to be protected during international armed conflicts and internal civil conflicts. In the Genocide Convention of 1948. there can be no decent person who would suggest that innocent civilians should receive greater protection because a conflict happens to be international. If a country was unwilling to prosecute a suspect within its borders. its government was required to extradite the suspect to a country willing to prosecute. which the international community is still only at the point of discussing a treaty for the establishment of an International Criminal Court (Goldstone. it was assumed that there would be an International Criminal Court. 1998). Again. as we reach its end. In the Convention on Apartheid there is also a reference to such a court. The rational expectation was that when you have established international jurisdiction there would be an International Court in addition to national courts.
Governments guard sovereignty with a tremendous vigor which is beyond rational debate in many cases. How can the International Criminal Court acquire jurisdiction over said cases? 9. What are the crimes under the jurisdiction of said court? 8. Almost ten years since it was established with the adoption of the Rome Statute.case of international conflicts. and that is the question of sovereignty. specifically. What is the International Criminal Court? 7. Statement of the Problem This research includes an examination of the International Criminal Court (ICC) and its significant implication to the International Criminal Justice System. it will seek to answer the following questions: 6. Who are the complainants and defendants involved in the said cases? . Of course there is a reason for this which bear directly on the resistance of governments to the establishment of an International Criminal Court. the International Criminal Court continues to gain inexorable momentum. surpassing the expectations of even its keenest supporters. In November 2005 it reached the important threshold of one hundred member states.
3. That the International Criminal Court would put to work fundamental judicial principles and values. like accountability. 1. the following assumptions served as guide in the development of the study and aimed to foresee hypothetical answers to the questions. 2. That this court can deter crime. equality before the law and the protection of basic human rights. That the International Criminal Court rests on the premise that there are universal moral standards which apply to human behavior. end conflict and bring about justice through the assignation of criminal responsibility to individual human agents. That the trials conducted by the International Criminal Court could accomplish its task and lead to reconciliation. due process. 4. What is the status of the cases filed in the International Criminal Court? Assumptions In corollary to the above-mentioned problems. 5.10. That this study would awaken the justice system of individual countries of the need to prosecute individuals who perpetrate the heinous crimes anywhere in the world. .
Shows the Structure and Significance of the International Criminal Court . DEFENDANT Figure 1.JUSTICE HISTORICAL BACKGROUND INTERNATIONAL CRIMINAL COURT NATURE STATUS OF THE CASE COMPLAINANT vs.
Conceptual Framework This figure shows that justice is above the International Criminal Court which is the primary and sole purpose of the creation of the court. structure and jurisdiction fro deeper account. The complainants and defendants are presented by giving profile description as to their age. the dates of filing and resolutions. war crimes and the crimes of aggression. Complainants and defendants were presented and well identified including the crimes committed and their profile descriptions substantive to the case. This court will act only if national courts are destroyed or unable to handle the case. Filed cases are also being implicated with regards to its status. The International Criminal Court is designed to complement existing national judicial systems. namely the crime of genocide. gender and status. They are also significant in considering the cases involved. or are deliberately shielding the accused from justice. This study focuses on the nature of the court thus involving its jurisdiction limited to the most serious crimes concern to the international community as a whole. It will serve as a proof whether or not justice is attained. Its historical background will indicate the purpose of creation. There claims for attaining justice thru this court would give them . crimes against humanity.
peace or nether less lessen the conflicts by giving proper reprimand for the crimes committed by the defendants. The entire premise of the Court is based on the principle of complementarities. or officials may be reluctant here may be times when a State's court system collapses and ceases to function. . The protection of the victims as well as the reparations established in the Statue serves as a solemn guarantee in the promotion and protection of universal rights. there may be governments that condone or to prosecute someone in a position of great power and authority. social justice and rule of law. Similarly. The complementarily suggest that national courts will continue to have priority in investigating and prosecuting crimes within their jurisdiction. The first priority always goes to national courts. which means that the Court can only exercise its jurisdiction when a national court is unable or unwilling to genuinely do so itself. The International Criminal Court is in no way meant to replace the authority of national courts. But to participate in an atrocity themselves.
It will also develop their innovation in creating and developing new sets of ideas and improve their contents. Students. Traditionally. international law has created responsibilities for states only. It will also make them aware of the proceedings of the international court to be able to determine the attainment of justice. .Significance of the Study This study was made to enlighten the readers on the establishment of the International Criminal Court as one of the most recently established intergovernmental organizations and its effectiveness in handling criminal cases around the world. It will also serve as a reference for the following: Future researchers. This study will provide them reference for other studies related to this topic. the individuals also became responsible in international law. This study will provide them with a reference for their study of International Relations. However. with the creation of the International Criminal Court (ICC).
And be able to develop their responsibility and impart accountability to their occupation. Lawyers/Judges. professors can extend their knowledge to their students. It will also make them aware of their responsibilities as citizens of the state. And with this research. and other people that would critic and add opinion out of this study. Scope and Delimitations of the Study This study will focus only on the following aspects of the study. the . Professors. This study will provide them with reference for them to be familiar with their human rights in international relations.Citizens. This would help them to realize how universal human rights and social justice is attained. the jurisdiction of the court. the history of International Criminal Court. This study would be beneficial for their profession to enhance their ability to confer service to the people.
religious or ethnic group. the following terms are hereby defined: Genocide. crimes against humanity.structure of the International Criminal Court. by a government in a national. Definition of Terms For the purpose of the study. and crimes of aggression that will be introduce and carefully analyze. wholly or in part. The jurisdiction of the court shall be limited to the most serious crimes of genocide. . the rights of the accused. It will not cover the relationship of ICC with the withdrawal of the United States and its difference to International Court of Justice (ICJ). In international law it is the intentional and systematic destruction. War Crimes. war crimes. Those accused have been tried by their own military and civilian courts. In international law it is the violations of the laws of war. and the participation of the victims and reparations. racial. by those of their enemies and by expressly established international tribunals.
support or acquiescence of. a State or a . pursuant to or in furtherance of a State or organizational policy to commit such attack. detention or abduction of persons by. A course of conduct involving the multiple commissions of acts against any civilian population. The Rome Statute of the International Criminal Court refers as one of the aggression of the “most serious crime of concern to the international community”. or with the authorization. Inhumane acts committed in the context of an institutionalized regime of systematic oppression and domination by one racial group over any other racial group or groups and committed with the intention of maintaining that regime. An act of persecution or any large scale atrocities against a body of people. Forced displacement of the persons concerned by expulsion or other coercive acts from the area in which they are lawfully present. The arrest. without grounds permitted under international law. Crime of apartheid. Crime of Aggression. Deportation or forcible transfer of population. and is the highest level of criminal offence.Crimes against humanity. Attack directed against any civilian population. Enforced disappearance of persons.
Enslavement. The unlawful confinement of a woman forcibly made pregnant. with the intent of affecting the ethnic composition of any population or carrying out other grave violations of international law. in particular women and children. The exercise of any or all of the powers attaching to the right of ownership over a person and includes the exercise of such power in the course of trafficking in persons. Jurisdiction.political organization. followed by a refusal to acknowledge that deprivation of freedom or to give information on the fate or whereabouts of those persons. inter alia the deprivation of access to food and medicine. Includes the intentional infliction of conditions of life. Extermination. Forced pregnancy. calculated to bring about the destruction of part of a population. with the intention of removing them from the protection of the law for a prolonged period of time. The authority by which judicial offices take cognizance of and decide cases .
lawful sanctions. except that torture shall not include pain or suffering arising only from. inherent in or incidental to. Torture. whether physical or mental. State parties. which is the Court's governing body. Those countries that have ratified or acceded to the Rome Statute.Persecution. upon a person in the custody or under the control of the accused. The intentional and severe deprivation of fundamental rights contrary to international law by reason of the identity of the group or collectively. States Parties are entitled to participate and vote in proceedings of the Assembly of States Parties. . The intentional infliction of severe pain or suffering. the treaty that established the International Criminal Court.
which is related of their quest for justice. It also considers the views of researchers who made a study about the ICC in connection to the global community and the Philippine context. This chapter tackles the different issues involve in the context of the International Criminal Court that will give deeper understanding to the study and eventually realize their importance to the subject matter. This covers human rights situation in the Philippine setting during the time of the Marcos. Local Literature . who have been terrorized into silence. the intervention of the Supreme Court in the Best Bakery and other Gujarat riot cases due to a petition by the National Human Rights Commission this has raised the hopes of the victims. it also relates the Armenian genocide and crimes of aggressions against Iraq. lack of a fair trial.Chapter II Review of Related Literature This chapter presents studies and local literature which the researchers considered as significant to their study. Aquino and Ramos regimes.
The Philippine experience strongly promoted a close identification of human rights violation with tyranny and the crushing of the political dissent. etc. According to Jan Willem Bakker in his book The Philippine Justice System. These violations were furthermore the consequences of an explicit and systematic government policy to penetrate its tyrannical power. we will go back to the Marcos. (Bakker. and between human rights violators and abusive state agents. torture. extra judicial killings. and possessions. Aquino and Ramos regimes to recap the situations of the people that have been deprived of their rights as human beings. At this point. suspected political dissents.The Filipinos experience various types of human rights violations that continue to happen despite the presence of constitutional guarantees for the protection of the rights of Filipinos as individuals and as people. and any one challenging the economic interest of Marcos’ political clique. even branded as a communist agitation by the Marcos regime. destruction of homes. human rights violations were clearly identified as those acts committed against political dissents. during the time of the Marcos regime. Human rights advocacy was a form of political dissent in itself. was clearly political. The context of human rights violations which includes warrant less arrest. 1997) .
access to the various international human rights instruments and the very clear provisions in the 1987 constitution guaranteeing human rights protection and defense was introduced to combat such violations to human rights that continue to be violated with impunity in the Philippines. Human rights education in formal . Such problems. a main. particularly the continued affectivity of several repressive decrees of Marcos. During the Aquino administration. judicial inefficiency. and a fractious and highly politicize military. the absence of effective remedies against human rights violations of state agents.These cannot be eliminated by a mere change of administration. But in which many human rights violations by the military. (1997) Even government officials admit that the Aquino government’s record on human rights leaves much to be desired. state agent. (Angeles. were expected to cause headaches to any post-Marcos government. 1994) With these statements indeed the people at the time of Marcos regime experience a clear manifestation of violation of rights that is why the succeeding regime also experience a tough ruling especially in establishing a national stability. continued to occur.
Lawyers in the Presidential Anti-Crime Commission. one Philippine NGO. This enormous police involvement as well as the great difficulties the Ramos administration faced in dealing with these army syndicates and criminal state employees underlines the fragmentation of effective power in the Philippines. which was created specifically to fight large crime syndicates.school and training of the military remains inadequate. Although international instruments speak of the obligation of the state parties. receive death threats. (1997) This is not to say that the government is the only one responsible for promoting human rights. In 1993. (1994) At the time of the Ramos administration. Citizen’s Crime Watch. This is the reason why human rights violation is rampant and continues to be committed. The only task of the government is to ensure that everyone is given the opportunity to fulfill this duty and enjoy the fruit. even estimated that half of the crimes committed in the country involved policemen. the promotion of human rights is addressed to every one. Foreign Literature . their promotion and protection is a duty for each and every individual. These rights being inherent in human being.
Justice is hard to attain, some of us are seeking for justice specially those people who are deprived of it. It is important that there is an institution that will help us to attain it. The intervention of the courts in deciding matters; giving the proper justification in solving those cases that blood and life is at stake are really vital.
Here is a case in which there is an intervention by the Indian Supreme Court the Best Bakery and other Gujarat riot cases on a petition by the National Human Rights Commission has raised the hopes of the victims, who have been terrorized into silence, lack of a fair trial. NARENDRA MODI the Chief Minister has a very low threshold of tolerance for criticism. At a personal level, the manner in which the Gujarat Chief Minister chooses to deal with criticism need not be germane to his public conduct or persona. But the yawning gap between the demands of propriety and his attitude towards empowered constitutional authorities is perhaps a different matter, as it suggests a basic aversion to the democratic ethos. (India's National Magazine, 2003)
Less than a year since he entered into a public spat with the Election Commission of India, complete with unseemly personal references and elaborate simulations of offended hauteur, Modi finds him embroiled in another dispute with a constitutional body. And the arguments being
advanced in his defense are a faithful reprise of themes heard last year. That Gujarat is by no means the living hell for minorities it is made out to be; on the contrary, it is among the most progressive and dynamic States in the country and the minute scrutiny that the Modi government is being put through is an affront to the collective dignity of the Gujarati community. (2003) Just days earlier, Chief Justice Khare had, in a case involving succession rights within the Christian community, issued an ex cathedra admonition of Parliament for its failure to enact a uniform civil code for the country. In removing contradictions based on ideologies, he opined, a common civil code would promote national integration. These observations, expectedly, engendered a torrent of comment, both in the realm of politics and in the media. Unlike in past years, the BJP has in this round of the debate not quite managed to steal the mantle of gender justice and equality before the law irrespective of community. The BJP and its affiliates are now required to explain how they can operationally the uniform criminal code, which has already been written into the statute. To say that it has been flouted almost as a matter of routine in the past is simply no option.
(http://www.flonnet.com/fl2017/stories/20030829007900400.htm) It maybe important to note that the solemn declaration that the governments vowed to uphold is a direct by-product of the second world war where the worst crimes were committed by government against their own
people, like those by the Nazis against the German Jews which they define Genocide as not a moral issue but the practical application of physical means to social ends. (Guy Wint & Pritchard, 1989) And by the Italian fascist against the Italian people. But the definition of the genocide according to the Rome Statue of ICC Article 6 "genocide" means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such: (a) Killing members of the group; (b) Causing serious bodily or mental harm to members of the group; (c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; (d) Imposing measures intended to prevent births within the group; (e) Forcibly transferring children of the group to another group.
(http://www.un.org/law/icc/statute/romefra.htm) As genocide has been defined, a case study on genocide is presented. The “Selection” of elite Czech children, here the SS was prepared to destroy the Czechs nation. The main lines of Nazi policy were laid out in German documents long since declassified, but one newly declassified Allied interrogation of an SS officer stationed in Prague Yields striking and ghastly details of previous unknown plan to murder talented Czechs children. This program aims not to kill those people labeled defective but “to liquidate Czechs children who on the account of personality, physical excellence and
In the late stages of war. then the future Czechs leaders had to die. the Editor of the Encyclopedia of Genocide. It strives to reshape history in order to rehabilitate the perpetrators and . Prior to World War I. The exams were conducted and selections were made but the order to kill the children never arrived. But the work of examining and classifying Czechs children was not wasted. approximately three million Armenians were living in Western Armenia (Anatolia) and had resided there for over 2. Israel Charny. The perpetrator of this crime against humanity was the Ottoman Government. Those who survived were forced into exile and have never been able to return.. were virtually erased within years. large number of Czechs youth. 2005) The Armenian Genocide (1915-1923) was the first modern genocide of the Twentieth Century. allegedly to build fortifications. the Turkish government actively denies the Armenian Genocide. were sent to exposed sectors of the front. particularly those who had been marked for extermination. Using different types of mass extermination practices including forced marches.” Nazi believes that if the Czechs nation was to disappear. 1. Today. and their history.5 million Armenians were murdered. which frequently occurred. It continues the process of genocide.high intelligence seemed likely to become future leaders of Czechs national life. as Soviet troops approach Czechoslovakia.500 years. But the true intention of these assignments was to bring about their death. (Breitman & Wolfe. explains that “the denial of genocide is a form of aggression. An entire people.
”(Goldberg. thereby launching a full military .” Bush then threatened that “their refusal to do so will result in military conflict. Coalition planes started bombing various military facilities in Iraq. (2006) With these case study and situations happened there is really a need of an institution that will stop this kind of situations that deprived the life of other people. President Bush issued an ultimatum to Saddam Hussein that he and his sons “must leave Iraq within 48 hours. As indicated by John H. Despite the continuation of genocide. which in a televised address to the nation on March 17. 2003. have no solutions for stopping this ongoing tragedy whether it was the genocide of the Hereto people (which occurred bet.”1 On March 19.K. 2006) Since the beginning of the 20th century millions of people from all corners of the world have perished in genocides. 2003. Denying genocide is the final stage of genocide — it murders the dignity of the survivors and destroys the remembrance of the crime.S. Kim (2003) in his article entitled the crime of aggression against Iraq. commenced at a time of our choosing. 1904 -1907 in current day Namibia) or the victims of the genocide in Darfur. The global community. It prevents healing of the wounds inflicted by genocide. And that would be the International Criminal Court who has jurisdiction over the genocide.demonize the victims.-U. the U.
2 Thus. more than 150. After conquering Iraq easily. even though it is required to do so under Article 39 of the UN Charter. the US forces committed a serious aggression against Iraq by conducting a massive bombing campaign called “Operation Desert Fox. to degrade Iraq’s military capability.K. in December 1998. In particular. and U.S.K. for more than a decade prior to this Gulf War II. the U. In addition. it is to be noted that. have been engaging in acts of aggression against Iraq by attacking various military sites in Iraq. after unilaterally establishing the so-called northern “no-fly” zone in 1991 and the southern “no-fly” zone in 1992. It is extremely unfortunate that the UN Security Council has failed so far to condemn the U. invasion as a crime of aggression. . it is critical for the international community—as least the legal community and the civil society—to reflect on the illegal nature of the 2003 invasion.-U.” a series of air strikes that continued for four days and nights. Concerning the 2003 invasion.invasion against Iraq. in observance of the 60th anniversary of the birth of the United Nations this year.000 US-UK forces still occupy Iraq at this time. the international community must undertake an urgent reform of the UN system of the collective security so that the United Nations can deal with any future aggression by a permanent member of the Security Council. and hold those high officials responsible for the aggression accountable.S.
Bush was the Commander in Chief of the U. forces at the time of the March 2003 invasion. The reliance on human rights by the coalition forces as part of the justification for the 2003 armed intervention in Iraq offers a case in point. by gaining its economic influences can make allegations within the Iraqi of the weapon of .S. 2005) It can be concluded here that the westerners or the U. Otherwise. 2003) George W. Gulf War II).a.S. (Feyter. President Bush was the main instigator and co-conspirator who initiated and ordered the naked war of aggression against Iraq (a. the risk of a purely instrumental use of human rights is even higher. It happens when the prospect of economic gain influences human rights positions. (Kim. the rule of force will prevail in the future over the rule of law. this memo will focus its discussion on the US crime of aggression as it was perpetrated in March 2003. and thus his crimes against peace must be condemned and prosecuted by the international community in order to uphold the existing international law and preserve the world peace.However. (2003) In connection to these. When national security interests are in the play.k. human rights looses credibility as universal values around which actors upholding human dignity and social justice can rally when states take up human rights only when their national interest is at stake.
one thing is good. Ariston (2000) in his thesis about the International Criminal Court. One key concern queries whether the core crimes of genocide. the Executive Department is thoroughly assessing the Statute. for it can be ratified regardless or in accord with the our principal law or national law. although aware of complex and difficult constitutional and legal concerns. Although there are debates and arguments regarding the issue of whether these crimes mentioned are applicable to the Philippine domestic law. Senate concurrence would secure "State Party-hood. The Republic of the Philippines became the 124th State Signatory to the Rome Statute of an International Criminal Court (ICC) on 28 December 2000. . nulla poena sine lege. Consistent with the country's treaty-ratification process. crimes against humanity and war crimes can be construed as criminalized under Philippine domestic law sans statutory criminalization and yet compliant with the principle of complementarily and principle of legality. With these they had violated the Security Council because they intervenes this country." Accordingly.mass destruction or the biological weapon. The emerging general consensus favors ratification. nullum crimen. Local Studies As stated by Pedro Roman M.
Complementarily lays on the shoulders of national justice systems the primary responsibility of investigating. In epitomizing jus scriptum. The ICC would exercise its jurisdiction when the national criminal jurisdiction concerned proves unwilling or unable to genuinely carry out its responsibility. third. and entrusting the punishment of core crimes perpetrators to a multilateral treaty-created permanent international criminal court empowered to impose a penalty of imprisonment. coupled with a fine or forfeiture. as far as possible. second. consistent with their national laws.He also said that the Rome Statute aims to put an end to impunity for the perpetrators of the most serious crimes of concern to the international community as a whole. There are three pillarprinciples support the Statute: first. the principle of complementarily. the Statute is catalytic: it spurs the domestic justice system of states to internalize aversion to impunity. In a nutshell. As such. within the realm of customary international law especially in criminalizing the said crimes. prosecuting and punishing perpetrators of the core crimes. it exclusively deals with the most serious crimes of international concern. it remains. thereby effecting deterrence. the Statute's criminalization of the core crimes transcends mere codification of pertinent customary international law by likewise embodying progressive development of international law. (2000) . the innovations introduced involve defining crimes against humanity and war crimes.
Persistent with his statements. Ariston Ateneo Law Journal. Pedro Roman M.The court has been created to define grave and serious crimes that lives are at stake that is why penalty should be inflict to those offender specially those recidivist or having a habitual delinquent with a crime.com/articlemain. September. Vol. 2002 (http://www. he submits that any legislative implementation of the Rome Statute should necessarily criminalize genocide. 2.php) This institution is applicable and helpful to those countries even the Philippines for future national security purpose. For fidelity to the Philippines' affirmed commitment of taking the establishment of the ICC seriously inevitably entails taking the most serious crimes of international concern seriously. it can avoid the crimes which can hinder our national and universal human rights.ateneolawjournal. With these. 47 Issue No. Foreign Studies Ekaterina Kuznetsova (2000) of Universidad San Martin de Porres Peru (USMP) in her thesis entitled: THE INTERNATIONAL CRIMINAL COURT: a DANGEROUS EXPERIMENT OR a STEP TOWARD a MORE ACCOUNTABLE GLOBAL ENVIRONMENT concluded that the Rome Conference succeeded in designing the missing link in the international legal order: a permanent structure which will adjudicate the most serious and . crimes against humanity and war crimes.
or whether it will be a . Even though the problem of human rights violations continues to exist. the humanity as a whole suffers. Do we need the ICC and will the benefits from a permanent international court outweigh the costs? However. but if it prevents even occasional atrocities from happening. 2000) (http://www. the greater will be the compulsion of states to accept and abide by its jurisdiction. is becoming an illusion. If the rights of an individual person are not protected.alarming crimes against humanity.org/icc) In her argument it presented both sides of which the International Criminal Court could be observe as one that could be a dangerous experiment that the lives of others could be at stake. Along with she added that we. have to ask our governments and ourselves a question. (Kuznetsova. according to which the interests of the majority could be satisfied at the expense of minority. the ICC cannot be a perfect deterrent. it can be argued that the more the Court establishes its reputation as a fairminded organization. Of course. it is worth it. Whether or not everyone supports the forces and consequences of globalize order. the ICC was founded on a conviction of establishing a new international system based on universally binding standards and therefore bringing an end to actions determined exclusively by politically motivations. the concept.un. as citizens of the world.
and academics attempt to keep pace with such events. 2000) Along with.complement in attaining accountable global environment. In relation to these Amy Jeanne Bann on her thesis entitled The NonGovernmental Organization Coalition for an International Criminal Court: A Case Study on NGO networking also said that “The process of contracting needs to be studied in a real world setting. through ways such as public education. The overall value of the case study in the context of academic research is indeterminate. as she write this while NGOs continue to network around countless issues. NGO networking in the . She somehow favored institutional alternatives which could be the ICC. We would then learn of the problems that are encountered and of how they are overcome and we would certainly become aware of the richness of the institutional alternatives among which we have to choose”. NGOs have in part set the agenda regarding the ICC. participation in the UN system. Both are vital on weighing the instances that the court is needed and approve in the test of human lives is concerned. (Bann. the International Criminal Court is developing into a viable institution. Not only for the signatory but also for those who are concerned in the matter. she concluded that the CICC network brings about change through a multitude of actors and actions. etc. campaigning with individual states.
context of international politics has outpaced the correlating theoretical efforts. smarter sanctions. This is done through networking in international politics. but one of peace. With also . the Security Council. and prevent hundreds of millions of displaced people. It is not a great tool of punishment.. in rendering decisions. rapidly deployable forces. (2000) In consistent with that she incorporated what Bill Pace said “that to replace war and brute power and violence as primary way in which international affairs are determined would be a major victory”? The existence of the ICC will result in tens of millions of saved lives. The International Criminal Court is one of a constellation of tools: we also need improvements in the areas of diplomacy. It will result in tens of billions of dollars saved in repairs. and in investigation of certain cases involved.Convener of the NGO CICC. 2000) With the aid of the NGOs the work could be better because they will be the one to confer communication and networking proceedings which are essential to append to the aggravating and mitigating consequences of certain cases. It is a small step but fundamental in human history to restrain war. So the CICC will continue to play a role in creating a strong and permanent court. (Bill Pace ..
This apparent triumph of Kantian neoliberal idealism that promotes respect for individual rights. In addition. Joshua Maiyo (2006) of University of Amsterdam in his thesis entitled. the erosion of state sovereignty in favor of universal jurisdiction belies the hegemony of the realist global order and the on-going tussle between the two ideologies for the domination of global politics and conduct of International affairs. The balance between peace and justice is the more difficult to strike in the context of an on going conflict such as Northern Uganda’s where the pursuit of justice by the ICC risks exacerbating the conflict and diminishing the prospects for peace. It critiques the ICC’s strict and minimalist interpretation of its mandate in the Rome Statute and its subsequent failure to take into account existing peace processes and a national amnesty.The International Criminal Court in Northern Uganda. conceptualized the rise of an international consensus against impunity for crimes against humanity culminating in the creation of the International Criminal Court has been hailed as a great success for international justice and human rights. Justice in Conflict: The Suitability of International Justice in Conflict Resolution .their help the coalition would therefore strive in coming up a well and accountable service not only to one but to all. It juxtaposes this against local and traditional conceptions of and preferences .
negative (mis)perceptions of the ICC and the interest of community leaders. In this regard. For International justice to be relevant to conflict resolution. Although limited in substance. It has given more information for readers to understand further what the study was all about. the ICC also needs to re-evaluate its pursuit for justice and the issuance of arrest warrants for the leadership in the light of new developments towards a negotiated settlement to the conflict. .for alternative forms of justice. Relevance to the Study The foregoing literature had indeed enlightened the readers of the topic. traditional practices of truth telling and forgiveness and other local conceptions of justice. (2006) It concludes with an argument for a deconstruction and redefinition of international justice to adopt a much broader conception of justice beyond the narrow retributive approach. civil society and majority of the population for a peaceful settlement of the conflict as opposed to seeking a military solution and eventual prosecution. it has to redefine its position with regard to alternative forms of justice such as truth commissions. it has at least given additional data and knowledge that will make the readers better acquainted with the study.
issues and case studies. the present situation not only individually but also as a cluster crying for justice and attainment of individual rights. With this chapter the readers would be more enlightened of the subject matter as the core knowledge and defensive force for future debates and discussions. Furthermore researchers presented their arguments. This somehow connected to the real world of ours. and comments regarding the International Criminal Court. much in number are those who accept it as the highest court internationally. communication and connection like the NGOs and other organizations. By presenting the facts.In the Philippines human rights is somehow justified but certainly not attained especially at the time of those leaders who only want oppression of their powers. Justice is the central attention of this study. Different actors are also presented which have greater participation for the execution of the acts. this somehow helps the researchers and readers to deepen their understanding on attaining justice. and although there are countries opposing it. . opinions. views.
subject of the study and the procedures used to collect and analyze data and other relevant information. Research Method Descriptive and electronic research methods were used in this study. Legal dictionary and encyclopedias were also utilized in this research. its enforcement and current status were employed as research materials. depict. References in international law as well as on line articles and commentaries about Rome Statute of the International Criminal Court. write on. The term descriptive is self-explanatory and terminology synonymous to this type of research is: describe. The aim of descriptive .Chapter III Methodology This chapter provides the methods used by the researchers in gathering the necessary data to give a clear understanding or view of their study aiming to present profound information in establishing the relevance and importance of the issues being introduced. This chapter presents the research method.
Descriptive research is thus a type of research that is primarily concerned with describing the nature or conditions and degree in detail of the present situation (Landman. 1988). Data Gathering Instruments The researchers use cases that the International Criminal Court had been investigated from 2002 to 2005.research is to verify formulated hypotheses that refer to the present situation in order to elucidate it. the cases and the persons involved in the case that been investigated by the International Criminal Court. Documents . The emphasis is on describing rather than on judgment or interpretation. Subject of the Study The subject of the study is the significance of the international criminal court and its jurisdiction over individuals. The researcher determines cases which are unique in some way or cases which are considered typical and cases which represent a variety of parameters. It will study the implications. jurisdiction.
human rights that are vital to the study. 1989). and. divide the data by data source to exploit “unique insights possible from different types of data collection” (Eisenhardt.The researchers gather cases and documents using multiple sources like books pertinent to the issue which were significant to the completion and enhancement of the study. . Three tactics are recommended: first. third. Magazines and newspaper of general circulation revealing latest information and facts regarding the issue of International Criminal Court. select categories and look for within-group similarities coupled with inter group differences. select pairs of cases and list the similarities and differences between each pair. Cross case analysis enables the comparison of multiple cases in many divergent ways. 1989). The cross case analysis enabled the comparison of different cases against predefined categories (Eisenhardt. second. And also cases based on the internet for documentation analysis. which would not be possible within a single case analysis. Case Analysis The principal strategy used was the cross case analysis.
treaty based. for nearly a half a century – almost as long as the United Nations has been in existence – the General Assembly has recognized the need to establish such a court to prosecute and punish persons responsible for crimes such as genocide. (Rome Statute.1) 1.CHAPTER IV Presentation. Analysis and Interpretation of Data This chapter presents data. established to promote the rule of law and ensure that the gravest international crimes do not go unpunished. the Secretary General of the United Nations. and shall be complementary to national criminal jurisdiction. Problem 1: What is the International Criminal Court? The International Criminal Court (ICC) is the first permanent. as referred to in Rome Statute. Many thought that the horrors of the Second World War – the . analysis and interpretations to provide answers to the questions posed on this study. It shall be a permanent institution and shall have the power to exercise its jurisdiction over persons for the most serious crimes of international concern.1 Historical Background According to Kofi Annan. Art.
too.camps. 2005): 1872 Gustav Moynier – one of the founders of the International Committee of the Red Cross – proposed a permanent court in response to the crimes of the Franco-Prussian War. the cruelty. the exterminations. The “road to Rome” was a long and often contentious one. Following World War II. the Allies set up the Nuremberg and Tokyo tribunals to try Axis war criminals. a heinous reality that cause for a historic response. 1919 The drafters of the Treaty of Versailles envisaged an ad hoc international court to try the Kaiser and German war criminals of World War I. The history of the establishment of the International Criminal Court (ICC) spans over more than a century. the Holocaust – could never happen again. Our time – has shown us the man’s capacity for evils knows no limits. Below is the timeline of creation of the International Criminal Court (Leonard. Genocide is now a word of our time. . Yet they have.
” Early 1950s While the ILC drafted such a statute the Cold War hindered these efforts and the General Assembly effectively abandoned the efforts pending agreement on a definition for the crime of aggression and an International Code of Crimes. .1948 The United Nations General Assembly (UN GA) adopted the Convention on the Prevention and Punishment of the Crime of Genocide in which it called for criminals penal to be tried as “by may such have international tribunals jurisdiction” and invited the International Law Commission (ILC) “to study the desirability and possibility of establishing an international judicial organ for the trials of persons charged with genocide. June 1989 Trinidad and Tobago resurrected a pre-existing proposal for the establishment of an ICC and the UN GA asked that the ILC resume its work on drafting a statute.
Early 1990s The UN Security Council to establish two separate temporary ad hoc tribunals to hold individuals accountable for these atrocities further highlights the need for a permanent international criminal court. . 1996 – 1998 Six sessions of the UN Preparatory Committee were held at the United Nations headquarters in New York. 1995 The Ad Hoc Committee on the Establishment of an International Criminal Court met twice. to consider major substantive issues in the draft statute. in which NGOs provided input into the discussions and attended meetings under the umbrella of the NGO Coalition for an ICC (CICC). 1994 The ILC presented its final draft statute for an ICC to the UN GA and recommended that a conference of plenipotentiaries be convened to negotiate a treaty and enact the Statute.
The Bureau and coordinators of the Preparatory Committee convened for an Inter-Sessional
meeting in Zutphen, the Netherlands to technically consolidate and restructure the draft articles into a draft.
June - July The Rome Conference took place in Rome, Italy with 1998 160 countries participating in the negotiations and the NGO Coalition closely monitoring these discussions, distributing information worldwide on developments, and facilitating the participation and parallel activities of more than 200 NGOs. At the end of five weeks of intense negotiations, 120 nations voted in favor of the adoption of the Rome Statute of the ICC, with seven nations voting against the treaty (including the United States, Israel, China, Iraq and Qatar) and 21 states abstaining.
The 60th ratification necessary to trigger the entry into force of the Rome Statute was deposited by several states in conjunction.
July 1, 2002 The treaty entered into force.
Following the completion of the PrepCom’s mandate and the entry into force, the Assembly of State Parties (ASP) met for the first time.
Even though the Statute entered into force on 1 July 2002, it will take some time before the Court begins its operations. A number of statutory measures and practical steps still have to be taken before the Court becomes operational. Whereas the two ad hoc Tribunals for Yugoslavia and Rwanda could be set up within the framework of the United Nations, the ICC will have to be set up as a completely new international organization (www.icccpi.int/about/ataglance/history.html). The International Criminal Court has long enough paths to come these far. Since 1872, when Gustav Moynier proposed to have a body that will prosecute the crimes committed during the Prussian war and consequently until at present war and conflicts is still a major problem that hath not yet been
solved. When the treaty entered into force July 1, 2002 the time that have been waiting for that these body will guarantee to prosecute crimes and liable individuals will be punish, Thus justice will attain by the help of this organ. 1.1.1 State Signatories
States were entitled to sign the Statute until 31 December 2000. Although signature of a treaty may also, under certain circumstances, constitute a means of indicating its acceptance, in the context of the Statute signature is only a preliminary act – a first step to participation – and must be followed by deposit of an instrument of ratification, approval or accession for the State to become a party to the Statute. Customary Law, as codified in the 1969 Vienna Convention on the Law of Treaties, requires that between the time of signature and ratification a State is obliged to refrain from acts which would defeat the object and purpose of a treaty, until it shall have made its intention clear not to become a party to the treaty.
The terms ratification, acceptance, approval and accession describe the international act by which a State establishes on the international plane its consent to be bound by a treaty. Although all four terms are acceptable, the acts they describe are colloquially referred to as ‘ratification’. States which have already signed the Statute deposit instruments of ratification, acceptance or approval. Those that have not deposit instruments
For States that ratify. it will enter force for them on the first day of the month after the sixtieth day following the deposit of instruments of ratification. acceptance. The Statute does not explain what would happen if there were enough withdrawals to bring the number of ratifications below the number of sixty. accept. . A State that reacted to outcome of one of its senior officials by withdrawing from the Statute could not affect any pending investigation or trial. approval or accession. acceptance. It is possible for States to withdraw from the Statute by sending a written notice to the Secretary-General of the United Nations. The Statute will enter 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. which is designated as the Secretary-General of the United Nations. approval or accession with the Secretary-General of the United Nations. But a State that withdraws cannot escape obligations that arose while it was a party. Withdrawal takes effect one year after the receipt of the notification.of ‘accession’. unless the State in question specifies a later date. Deposit of these instruments is done with the depositary. including financial obligations. approve or accede after the entry into force of the Statute.
as of June 1. Rome statute Signature and Ratification Chart.Table 1. 2005 Country Afghanistan Albania Algeria Andorra Antigua and Barbuda Argentina Armenia Australia Austria Bahamas Bahrain Bangladesh Barbados Belgium Belize Benin Bolivia Bosnia and Herzegovina Botswana Brazil Bulgaria Burkina Faso Burundi Cambodia Signature Ratification/ Accession (a) 02/10/03 (a) 07/18/98 12/28/00 07/18/98 10/23/98 01/08/99 10/01/99 12/09/98 10/07/98 12/29/00 12/11/00 09/16/99 09/08/00 09/10/98 04/05/00 09/24/99 07/17/98 07/17/00 09/08/00 02/07/00 02/11/99 11/30/98 01/17/99 10/23/00 01/31/03 04/30/01 06/18/01 02/08/01 07/01/02 12/28/00 12/10/02 06/28/00 04/05/00 01/22/02 06/27/02 04/11/02 09/08/00 06/20/02 04/11/02 04/16/04 09/21/04 04/11/02 .
Cameroon Canada Cape Verde Central African Republic Chad Chile Colombia Comoros Congo (Brazzaville) Costa Rica Cote d’ivoire Croatia Cyprus Czech Republic Democratic Republic of Congo Denmark Djibouti Dominica Dominican Republic Ecuador Egypt Eritrea Estonia Fiji Finland France Gabon Gambia Germany Georgia 07/17/98 12/18/98 12/28/00 12/07/99 10/20/99 10/11/98 10/10/98 09/22/00 07/17/98 10/07/98 11/30/98 10/12/98 10/15/98 04/13/98 09/08/00 09/25/98 10/07/98 09/08/00 09/07/98 12/96/00 10/07/98 12/97/99 11/29/99 10/07/98 07/18/98 12/22/98 12/07/98 12/10/98 07/18/98 01/30/02 11/29/99 12/29/00 06/09/00 09/21/00 06/28/02 12/11/00 09/05/03 04/11/02 06/21/01 11/05/02 02/12/01(a) 05/13/05 02/05/02 05/21/01 06/07/02 05/03/04 06/07/01 08/05/02 10/03/01 07/07/00 .
Y.Ghana Greece Guinea Guinea-Bissau Guyana Haiti Honduras Hungary Iceland Iran Ireland Israel* Italy Jamaica Jordan Kenya Kuwait Kyrgyzstan Latvia Lesotho Liberia Lichtenstein Lithuania Luxembourg Macedonia (F.R) Madagascar Malawi Mali Malta Marshall Islands 07/18/98 07/18/98 09/08/00 09/12/00 12/28/00 02/26/99 10/07/98 12/15/98 08/26/98 12/21/00 10/07/98 12/31/00 07/18/98 09/08/00 10/07/98 08/11/99 09/08/00 12/08/98 04/22/99 11/30/98 07/17/98 07/18/98 12/10/98 10/13/98 10/07/98 07/18/98 03/03/99 07/17/98 07/17/98 09/06/00 12/20/99 05/15/02 07/14/03 09/24/04 07/01/02 11/30/01 05/25/00 04/11/02 07/26/99 04/11/02 03/15/05 06/28/02 09/06/00 09/22/04 10/02/01 05/12/03 09/08/00 03/06/02 09/19/02 08/16/00 11/29/02 12/07/00 .
Vincent and the Grenadines Samoa San Marino Sao Tome and Principe Senegal 11/11/98 09/07/00 07/18/98 12/29/00 09/08/00 12/28/00 10/27/98 12/13/00 07/18/98 10/07/98 07/17/98 06/01/00 08/28/98 12/20/00 07/18/98 10/07/98 12/07/00 12/28/00 04/09/99 10/07/98 03/08/00 09/08/00 07/07/99 09/13/00 08/27/99 03/05/02 04/11/02 06/25/02 11/12/01 07/17/01 09/07/00 04/11/02 09/27/01 02/16/00 03/21/02 05/14/01 11/10/01 11/12/01 02/05/02 11/13/02 04/11/02 12/03/02 (a) 07/17/98 07/18/98 12/28/00 07/18/98 09/16/02 05/13/99 02/02/99 . Lucia St.Mauritius Mexico Monaco Mongolia Morocco Mozambique Namibia Nauru Netherlands New Zealand Niger Nigeria Norway Oman Panama Paraguay Peru Philippines Poland Portugal Republic of Korea Republic of Moldova Romania Russian Federation St.
Serbia and Montenegro Seychelles Sierra Leone Slovakia Slovenia Solomon Islands South Africa Spain Sudan Sweden Switzerland Syrian Arab Republic Tajikistan Tanzania (United Republic) Thailand Timor Leste Trinidad and Tobago Uganda Ukraine United Arab Emirates United Kingdom United States of America* Uruguay Venezuela Yemen* Zambia Zimbabwe 12/19/00 12/28/00 10/17/98 12/23/98 10/07/98 12/03/98 07/17/98 07/18/98 09/08/00 10/07/98 07/18/98 11/29/00 11/30/98 12/29/00 10/02/00 09/06/01 09/15/00 04/11/02 12/31/01 11/27/00 10/25/00 06/28/01 10/12/01 05/05/00 09/20/02 03/23/99 03/17/99 01/20/00 11/27/00 11/30/98 12/31/00 12/19/00 10/14/98 12/28/00 07/17/98 07/17/98 09/06/02 (a) 04/06/99 06/14/02 10/04/01 06/28/02 06/07/00 11/13/02 .
S service members or citizens simply because of political motivation. these obligations do not continue if the state makes clear that it does not intend to become a party to the treaty .C. US opposition to the Rome Statute rests primarily on the fear that the I. Yemen and the United States have since withdrawn their signature. a state that has signed but not ratified a treaty is obliged to refrain from “acts which would defeat the object and purpose” of the treaty.C will unfairly prosecute U. Israel. however. According to the law of treaties.* Despite their formal signature on 12/31/00.
The preamble of the Rome Statute establishes the purpose of the International Criminal Court. The number of the state parties increase due to Iraq bombing. Up to present there are 108 states are members of the Court. and although these tribunals . In general. the Court will seek “to guarantee lasting respect for and the enforcement of international justice.2 Purpose of the International Criminal Court There has been substantial (and a mostly successful) effort to set up an International Criminal Court (ICC). 9/11 bombing and other conflicts in the areas of the Middle East. were ad hoc tribunals. there were few state parties signed the statute and it increased more in 2002. such as those committed during military conflicts. and several states have not signed the treaty but have indicated their intention to accede to it. The purpose is to have a body that can prosecute serious crimes against humanity no matter who committed them and to try people for gross violations of human rights. The graph shows that in 1998. the only forms of international criminal justice. 1. concerning individuals and not states. A further 40 states have signed but not ratified the treaty.Figure 2.” Prior to the Rome Statute.
crimes against aggression and war crimes. The Rome Statute already has the approval of the international community. Put simply. With the establishment of a permanent ICC the tools of justice are already in place. A permanent ICC also has the necessary infrastructure in place. 1. a permanent ICC already has the tools of justice assembled and approved. scholars often accused these tribunals of both “selective justice” and a lack of rapid response. The establishment of an International Criminal Court also rectifies the failure of the nation-state system to protect human rights. Traditionally. There is no need for broad agreement among the international community to take action and there is no delay in the pursuit of justice because of infrastructure problems.served their purpose well. crimes against humanity.3 Organizational Structure . Past tribunals needed the approval of the Security Council or the approval of a set of key nation-states before their establishment. thus allowing for rapid reaction to acts of genocide. the protection of individual human rights was considered a domestic issue.
which shall be responsible for the proper administration of the Court. whichever expires earlier. (a) The Presidency. They shall be eligible for re-election once. and (d) The Registry (see Figure 2). The First Vice-President shall act in place of the President in the event that the President is unavailable or disqualified. They shall each serve for a term of three years or until the end of their respective terms of office as judges. shall be composed of the following organs namely. The President and the First and Second Vice-Presidents shall be elected by an absolute majority of the judges. shall constitute the Presidency (see Figure 3). and other functions conferred upon it in accordance with the Rome Statute. as provided under Article 34 of the statute. (c) The Office of the Prosecutor. The Second Vice-President shall act in place of the President in the event that both the President and the First Vice-President are unavailable or disqualified. together with the First and Second Vice-Presidents. In discharging its responsibility the Presidency shall coordinate with and seek the concurrence of the Prosecutor on all matters of mutual concern. (b) The Judicial Divisions consists of an Appeals Division. The President.The Court. with the exception of the Office of the Prosecutor. a Trial Division and a PreTrial Division. .
The Pre-Trial Division is consists of the First Vice President and six other judges. and expertise on violence against women or children Under Article 39. The Appeals Division shall be composed of the President and four other judges. Decisions of the Pre-Trial and Trial Divisions may be appealed to the Appeals Division. . whereas the Trial Division presides over trials. The Trial Division is consists of the Second Vice President and five other judges. equitable geographical representation.There shall be 18 judges of the Court. The Presidency. impartiality and integrity who possess the qualifications required in their respective States for appointment to the highest judicial offices. No two judges may be nationals of the same State and to ensure that the composition will be truly balanced and international. elected by secret ballot by the highest number of votes but no less than two-thirds of the States Parties present and voting. as soon as possible after the election of the judges. their election must take into account the need to represent the principal legal systems of the world. a fair representation of female and male judges. The Pre-Trial Division confirms indictments and issues international arrest warrants. the Court shall organize itself into the judicial divisions (see Figure 4). may propose an increase in the number of judges. acting on behalf of the Court. The judges shall be chosen from among persons of high moral character.
under Article 42 of the statute. who is assisted by two Deputy Prosecutors. The Office of the Prosecutor (see Figure 5). The Prosecutor shall be elected by secret ballot by an absolute majority of the members of the Assembly of States Parties and must meet stringent qualifications: she or he must possess the highest moral character. in such a way that each division shall contain an appropriate combination of expertise in criminal law and procedure and in international law. competence and experience in the prosecution or trial of criminal cases.The assignment of judges to divisions shall be based on the nature of the functions to be performed by each division and the qualifications and experience of the judges elected to the Court. is responsible for receiving referrals and any substantiated information on crimes within the jurisdiction of the Court. The Deputy Prosecutors shall be elected in the same way from a list of three . The Trial and Pre-Trial Divisions shall be composed predominantly of judges with criminal trial experience. The judges shall be independent in the performance of their functions and shall not engage in any activity which is likely to interfere with their judicial functions or to affect confidence in their independence. for examining them and for conducting investigations and prosecutions before the Court. It is headed by the Prosecutor.
and a member of the Office shall not seek or act on instructions from any external source. The Registry (see Figure 6) shall be headed by the Registrar. without prejudice to the functions and powers of the Prosecutor. the Registry shall be responsible for the non-judicial aspects of the administration and servicing of the Court.candidates for each position of the Deputy Prosecutor nominated and prepared by the Prosecutor. The Registrar shall exercise his or her functions under the authority of the President of the Court. The Prosecutor will not be allowed to participate in any case in which his or her impartiality may be doubted. the judges shall elect in the same manner a Deputy Registrar. Under Article 43 of the statute. The Assembly of States Parties has the power to remove the Prosecutor if he or she is found to have committed serious misconduct or a serious breach of duties. taking into account any recommendation by the Assembly of States Parties. The Registrar and the Deputy . and if the need arises and upon the recommendation of the Registrar. who shall be the principal administrative officer of the Court. The Rome Statute provides that the Office of the Prosecutor shall act independently as a separate organ of the Court. which shall be elected by secret ballot by an absolute majority of the judges. Any question concerning disqualification will be decided by the Court's Appeals Chamber.
victims who appear before the Court and others who are at risk on account of testimony given by such witnesses. The Registrar shall set up a Victims and Witnesses Unit within the Registry.47). Prosecutor. In the event of misconduct of a less serious nature. 1. .Registrar shall be persons of high moral character.45). a serious breach of duties. Registrar and Deputy Registrar are all required to make solemn undertaking in open court to exercise their functions impartially and conscientiously (Ibid. or inability to exercise the functions required by the Statute.3. be highly competent and have an excellent knowledge of and be fluent in at least one of the working languages of the Court. counseling and other appropriate assistance for witnesses. Any of them may be removed from office on grounds of serious misconduct. Art. including trauma related to crimes of sexual violence. Art. Deputy Prosecutors. in consultation with the Office of the Prosecutor. This Unit shall provide.1 Ethical Matters Judges. disciplinary measures may be imposed (Ibid. The Unit shall include staff with expertise in trauma. protective measures and security arrangements.
The Prosecutor and Deputy Prosecutors. are set by the Assembly of States Parties and may not be reduced during their terms of office (Rome Statute.Removal is the result of a decision taken by the Assembly of State Parties (Ibid. and the Registrar and the Deputy Registrar. English. Arabic. Judgments of the Court. Art. although it may designate other working languages on a case-by-case basis. as well as other decisions ‘resolving fundamental issues before the Court’ are to be published in the official languages. Removal of a judge first requires a recommendation to this effect by a two-thirds majority of the other judges. Russian and Spanish. the Prosecutor. English and French. and can be removed by a majority of the States parties. Judges.50). the Registrar and their deputies. Salaries of the Judges. The requirement is consistent with United . a two-thirds majority of the States parties must agree.46). Art. The Court has six official languages. 1. French. as well as defense counsel. The Prosecutor is more vulnerable. The Registrar and Deputy Registrar may be removed by a majority of the judges. Chinese. Then.49). Art.3. are all required to have fluency in one or the other of these languages (Rome Statute.2 Languages The Court has two working languages.
as a general rule they have proven to be unable to issue judgments in both languages at the same time. as has been the practice at the ad hoc tribunals. the alleged crime took place on the territory of a state party. witnesses and victims will come. The primary reason why it was chosen to be their official language is that in reality. This will be one of the challenges that have to be address as we seek to identify and train interpreters for languages that are not commonly used in international circuits. 1. but may prove awkward in the case of judgments running into several hundreds of pages.Nations practice. or a situation is referred to the Court by the United Nations Security Council. . Primary responsibility to punish crimes is therefore left to individual states.4 Jurisdiction of the Court The Court can generally exercise jurisdiction only in cases where the accused is a national of a state party. their staff will have to deal with many more languages because of the variety of locations from which the accused persons. The Court is designed to complement existing national judicial systems: it can exercise its jurisdiction only when national courts are unwilling or unable to investigate or prosecute such crimes. Although the ad hoc have only two official languages.
namely: (1) Where the person accused of committing a crime is a national of a state party (or where the person's state has accepted the jurisdiction of the Court). or (3) Where a situation is referred to the Court by the UN Security Council (http://www. A compromise was reached. The contributions of the States Parties will be assessed based on the scale adopted by the United Nations for its regular budget. its expenses shall be funded by assessed contributions made by States Parties and by voluntary contributions from Governments. a large number of states argued that the Court should be allowed to exercise universal jurisdiction.org/law/icc/). allowing the Court to exercise jurisdiction only under certain limited circumstances.During the negotiations that led to the Rome Statute. In special circumstances funds could be provided by the UN. when they relate to expenses incurred due to "situations" referred to the Court by the Security Council. subject to the approval of the General Assembly. According to the Statute. individuals. or (2) Where the alleged crime was committed on the territory of a state party (or where the state on whose territory the crime was committed has accepted the jurisdiction of the Court).5 Sources of Court’s Funds The International Criminal Court is a separate entity from the United Nations. this proposal was defeated due in large part to opposition from the United States. corporations and other entities.un. However. but any States that wish . 1. international organizations.
As stated in Article Five. the International Criminal Court has jurisdiction over the following four crimes: crime of genocide. has expressed its willingness to contribute funds for the first meetings of the Assembly of States Parties. 2.to do so may voluntarily contribute additional funds. 2002. the ICC is temporarily bound to the point of its ratification. No crimes committed prior to July 1. the host country for the Court. The definitions of the crime of genocide. The statute defines each of these crimes except for crimes against aggression for it provides that the Court will not exercise its . crimes against humanity.1 Nature of the Crimes Scholars often refer to the crimes themselves as the “core crimes” of international humanitarian law. The Netherlands. war crimes and the crime of aggression. Problem 2: What are the crimes under the jurisdiction of the said court? Part 2 of the Rome Statute discusses the jurisdiction of the Court. The Court has jurisdiction over these crimes from the time the Statute enters into force therefore. are within the Court’s jurisdiction. crimes against humanity and war crimes are all predicated on established international law.
all three crimes that are defined by the Rome Statute provide for prosecution for killing or murder. although actual prosecutions have been rare. In effect. define genocide as five specific acts committed with the intent to destroy a national. racial or religious group as such. causing serious bodily or mental harm to members of the group.1. ethnical. imposing conditions on the group calculated to destroy it.1 The crime of Genocide Article 6 of the Rome Statute. The definition has been incorporated in the penal codes of many countries. 2. this ‘special intent’ has several components. . and forcibly transferring children from the group to another group. racial or religious group as such. What sets genocide apart from crimes against humanity and war crimes is that the act. preventing births within the group. As can be seen. The five acts are: killing members of the group. ethnical. and Article II of the Genocide Convention.jurisdiction over the crime and set out the conditions under which it may be prosecuted. whether killing or one of the other four acts defined in Article 6. must be committed with the specific intent to destroy in whole or in part a national. It is often said that what distinguishes genocide from all other crimes is its dolus specialis or ‘special intent’.
because it is often thought that there is some particular numerical threshold of real victims before genocide can take place. The prevailing view is that where only part of a group is destroyed. the forms of destruction were grouped into three categories: physical. and bold judges might be tempted to adopt such progressive constructions. . Cultural genocide was the most difficult of the three. evidence of ‘cultural genocide’ has already been proven to be an important indicator of the intent to perpetrate physical genocide. But the reference to quantity is in the description of the mental element of the crime. biological and cultural. The greater number of real victims. because it could well be interpreted in such a way as to include the suppression of national languages and similar measures. and what is important is not the actual number of victims. With the words ‘in whole or in part’ the definition indicates a quantitative dimension. the more logical the conclusion that the intent was to destroy the group ‘in whole or in part’. During the adoption of the Genocide Convention. In any event. rather that the perpetrator intended to destroy a large number of members of the group. There is much confusion about this. The words ‘to destroy’ can readily bear the concept of cultural as well as physical and biological genocide. it must be a ‘substantial part’.The perpetrator’s intent must be ‘to destroy’ the group.
but for a variety of motives: greed. The third act of genocide. The second act of genocide. refers to acts of major violence falling short of homicide. the four terms correspond closely to what human rights law refers to as ethnic or national minorities.The destruction must be directed at one of the four groups listed in the definition: national. Killing is at the core of the definition and is without doubt the most important of the five acts of genocide. and it is for this reason that several delegations opposed requiring it as an element of the crime. Stating that such conduct may include ‘acts of torture. rape. The term killing is synonymous with murder or intentional homicide. imposing conditions of life calculated to destroy the . Taken as a whole. causing serious bodily or mental harm. The description of the crime of genocide concludes with the bewildering words ‘as such’. Individuals may commit crimes intentionally. expressions that themselves have avoided precise definition. jealousy. hatred and so on. The four terms themselves are not easy to define.6 (b)). The two concepts are not equivalent. Art. sexual violence or inhuman or degrading treatment’ (Elements of Crimes. racial or religious. Proof of motives creates an additional obstacle to effective prosecution. ethnical.
1. the arguments about retroactivity resurfaced. “crime against humanity” means any of the following acts when committed as part of a widespread or systematic . but also conspiracy to commit genocide. Under this article. 2. But. the term ‘crimes against humanity’ was first used in its contemporary context in 1915. The massacres of Turkey’s Armenian population were criticized as a crime against humanity in a declaration of three Allied powers pledging that those responsible would be held personally accountable (United Nations War Crimes Commission). attempted genocide and complicity in genocide. Article 7 of the Rome Statute begins with an introductory paragraph stating: ‘For the purpose of this Statute. The delegates attending the Rome Conference unanimously accepted this definition and rapidly incorporated it into the Statute. there were objections that this was a form or retroactive criminal legislation and no prosecution were ever undertaken on an international level for the genocide of the Armenians. in the post-war peace negotiations.2 Crimes against Humanity Back several centuries. not only does the Court have the right to impose punishment for acts of genocide. But once again. applies to cases like the forced marches of the Armenian minority in Turkey in 1915. but they were successfully rebuffed.group. public incitement to commit genocide.
’ Like genocide.attack directed against any civilian population. with knowledge of the attack. there is an important threshold that elevates the ‘acts’ set out later in the provision to the level of crimes against humanity. This phrase indicates that crimes against humanity may in some circumstances be committed by non-State actors. distinguishing it from many war crimes. The attack must also be carried out ‘pursuant to or in furtherance of a State or organizational policy to commit such attack’. First among them is the requirement that these acts be part of a ‘widespread or systematic attack’. The attack must be directed against a civilian population. Some of the earlier proposals had required that the attack be widespread and systematic. But the apparent broadening of the entry may be a deception. An individual participates in crimes against humanity but who is unaware that they are part of a widespread or systematic attack on a civilian population may be guilty of murder and perhaps even war crimes but cannot be convicted by the International Criminal Court for crimes against . although one that is less demanding than the specific intent required by the definition of genocide. the perpetrator must have ‘knowledge of the attack’. which may be targeted at combatants or at civilians. then. This amounts to a form of specific intent. pursuant to or in furtherance of a State or organizational policy to commit such attack’. Finally. The attack need not be a military attack. because further in Article 8 the term attack is defined as ‘a course of conduct involving the multiple commission of acts referred to in paragraph 1 against any civilian population.
The Rome Statute goes much further. apartheid. including economic embargo. referring to . according to the Elements of Crimes. terrorism and mass starvation. this does not require ‘that the perpetrator had knowledge of all characteristics of the attack or the precise details of the plan or policy of the State or organization’. For example. The chapeau of paragraph 1 of Article 7 is followed by a list of eleven acts of crimes against humanity. There are subparagraphs dealing with specific types of crimes against humanity that have already been the subject of prohibitions in international law. recognizing our condemnation of what in recent years has been known as ‘ethnic cleansing’.humanity. The list was considerably shorter. did not really sufficient support. However. It has been enriched principally by developments in international human rights law. Some terms that were recognized at the time of Nuremberg have also been developed and expanded. namely. although this was corrected by judicial interpretation as well as in the texts of subsequent definitions. The most vivid example of enlarging the scope of the crime is found in the very substantial list of ‘gender crimes’. On the other hand. ‘deportation’ is now added the words ‘forcible transfer of populations’. torture and enforced disappearance. The Nuremberg Charter did not even recognize rape as a form of crime against humanity. proposals to include other new acts of crimes against humanity. at least clear. particularly when this takes place within a country’s own borders.
This definition shall not in any way interpreted as affecting national laws relating to pregnancy. forced pregnancy.‘rape. not only for the purposes of crimes against humanity but as it may be used elsewhere in the Statute as well. Accordingly. enforced prostitution. or any other form of sexual violence of comparable gravity’. forced pregnancy. torture. and the crime of apartheid and enforced disappearance of persons. the term ‘attack’ is defined as well as extermination. enslavement. According to the Holy See. The court considers all of these actions crimes against humanity as long as they are “committed as part of a widespread or systematic attack . persecution. the term ‘forced pregnancy’ was the most problematic. The second sentence was added to reassure some States that the Rome Statute would not conflict with anti-abortion laws. Article 7 concludes with two further paragraphs that endeavor to define some of the more difficult terms of paragraph 1. A definition of the term was agreed to: “Forced pregnancy” means the unlawful confinement. A special provision defines ‘gender’. and deportation or forcible transfer of population. sexual slavery. because some believed it might be construed as creating an obligation upon States to provide women who had been forcibly impregnated with access to abortion. of women forcibly made pregnant with the intent of affecting the ethnic composition of any population or carrying out other grave violations of international law. enforced sterilization.
In customary law. Yet such detailed definition may also serve to narrow the scope of war crimes in some cases. War crimes. according to the Rome Statute’s definition. Crimes against humanity must be ‘widespread’ or ‘systematic’.1. is that the latter two have jurisdictional thresholds while the former does not. To some extent it represents a progressive development over these experiences. can in principle cover even isolated acts committed by individual soldiers acting without . crimes against humanity can also be committed in times of civil strife or even peace. Some war crimes are defined in considerable detail. of course. a major distinction between war crimes and the other two categories. focusing attention on their forms and variations. Therefore.3 War Crimes Article 8 of the Rome Statute is one of the longest provisions in the Statute.directed against any civilian population. 2. on the other hand. crimes against humanity and genocide. but the process is unwieldy.” It is also important to note that the Rome Statute does not require that such acts be committed within the context of an armed conflict. a striking observation when compared with the concise provisions of the Nuremberg Charter and the Geneva Conventions. because it expressly covers non-international armed conflicts. But. the definitions in the Statute can always be amended. and genocide requires a very high level of specific intent.
war crimes law applies in some cases to the entire territory of a State. While genocide and crimes against humanity would seem to be prima facie serious enough to warrant intervention by the Court. The Court has jurisdiction over war crimes ‘in particular when committed as a part of a plan or policy or as a part of a large-scale commission of such crimes’. In terms of time. or whether it was international or non-international. The Rome Conference found middle ground with the words ‘in particular’. be it international or non-international. war crimes can actually be committed when there is no armed conflict or after the conclusion of the conflict. some war crimes can be committed after the conclusion of overt hostilities. Therefore. thereby compromising between those favoring a rigid threshold and those opposed to any such limitation on jurisdiction. these will not always the case for war crimes. particularly those relating to the repatriation of prisoners of war. As a result. and not just the region where hostilities have been committed. The preliminary issue to be determined in charges under Article 8 is the existence of an armed conflict. According to the Elements.direction or guidance from higher up. The language brings war crimes closer to crimes against humanity. The elements clarify that while the Prosecutor must establish there threshold elements of war crimes. Article 8 begins with what has been called a ‘non-threshold’. ‘there is only a requirement for . he or she need not prove that the perpetrator had knowledge of whether or not there was an armed conflict. From the standpoint of territory.
the combatants. is like the crimes in paragraph (a).the awareness of the factual circumstances that established the existence of an armed conflict that is implicit in the terms “took place in the context of and was associated with”’. confined to international armed conflict. Hague Law is concerned not so much with the innocent victims of war as with its very authors. The first category or war crimes that is listed in Article 8 is that of ‘grave breaches’ of the Geneva Conventions. . The chapeau describes grave breaches as acts committed ‘against persons or property protected under the provisions of the relevant Geneva Convention’. The wording makes it quite explicit that this category. found in paragraph (b). The ‘grave breaches’ of the Geneva Conventions are set out in Article 8(2) (a) of the Rome Statute. within the established framework of international law’. although the context suggests that this must necessarily be the case. The second category of war crimes that is listed in Article 8 of the Rome Statute is ‘other serious violations of the laws and customs applicable in international armed conflict. that the victims be ‘protected persons’. unlike the situation for ‘grave breaches’. There is no requirement. the overall focus of Hague Law is on combatants themselves as victims. Indeed. Nothing in paragraph (a) insists that these apply only to international armed conflict.
Among the new provisions included in Article 8(2)(b) are those concerning the protection of humanitarian or peacekeeping missions and prohibiting environmental damage. These include poison or poisoned weapons. 1998). This particular crime has proved a sticking point for the establishment of an International Criminal Court since the early post World War II era. or the deportation or transfer of all or parts of the population of the occupied territory within or outside this territory’. directly or indirectly.4 Crime of Aggression The last crime within the Court’s jurisdiction is the crime of aggression. poisonous or other gases and bullets that expand or flatten easily in the human body (Clark. defining as a war crime ‘the transfer. These were in a sense codified by the drafters at Rome and it is not improbable that those accused in the future will argue that they were not part of customary law applicable at the time the Statute was adopted. 2. the United Nations’ General Assembly prevented the formation of an ICC .1. there are also some ‘new’ crimes in paragraph (b). The most controversial provision was sub-paragraph (viii). Several of the provisions of paragraph (b) deal with prohibited weapons. In 1954. by the Occupying Power of parts of its own civilian population into the territory it occupies.In addition to those provisions reflecting the terms of the 1907 instrument. asphyxiating.
bombardment by an armed force of a State. The UN Special Committee finally defined the concept in 1974. With none of the post-Cold War ad hoc tribunals’ prosecuting this crime.” This definition went on to include the following acts as evidence of aggression: invasion or attack by an armed force of a State. In fact. the crime of aggression was included in the draft statute of the Rome Conference and it included three definitions . The 1974 definition was rather expansive. the use of mercenaries by a State to carry out acts of armed force and any other act that the Security Council determines is an act of aggression under the provision of the Charter. blockade of ports or coasts by an armed force of a State. but the primary content of the definition was as follows: “Aggression is the use of armed force by State against the sovereignty. the debate concerning a definition of crimes of aggression once again took center stage. With the renewed discussion of an ICC in the 1990s.because the ILC could not define “aggression”. or in any other manner inconsistent with the Charter of the United Nations. as set out in this definition. it was clear that the Preparatory Committee was determined to see that this issue was discussed at Rome. Despite the definitional problem. territorial integrity or political independence of another State. the Preparatory Committee did not have any recent precedent to call upon that dealt with individual acts of aggression. but this issue has remained a contentious one.
in the case of officials of the Court.70. but once again. and crimes of aggression that are defined by the Rome statue pertains to sort of crimes that involves the violation of human rights. Many states wanted to add terrorism and drug trafficking to the list of crimes covered by the Rome Statute. thus include the killing. The Statute specifies that such offenses must be committed intentionally.5 Other Offenses The Court is also given jurisdiction over what are called “offenses against the administration of justice”. there was a lack of consensus on how to define this crime.1. These are: perjury or the presentation of evidence known be false or forged. . crimes against humanity. The Court can impose a term of imprisonment of up to five years or a fine upon conviction. however. the war crimes. the states were unable to agree on a definition for terrorism and it was decided not to include drug trafficking as this might overwhelm the Court’s limited resources. As the Conference progressed it became clear that there was support for the inclusion of this crime in the final Statute. soliciting or accepting bribes. All three crimes. murder 2. Rome Statute). influencing or interfering with witnesses. and. corrupting or bribing officials of the Court or retaliating against them.that would be presented as options to the attending delegates. when these relate to proceedings before the Court (Art.
General principles of criminal law were adopted by the Rome Statute like nullum crimen sine lege. 2. It includes general principles of criminal law. the definition of a crime shall be strictly construed and shall not be extended by analogy. Article 23 of the Statute further .2 Fundamental Principles There are fundamental principles that considered in the establishment of the International Criminal Court. the definition shall be interpreted in favor of the person being investigated.71. a crime within the jurisdiction of the Court. prosecuted or convicted.000 euros (Art. The Court can also “sanction” misconduct before the Court. and in case of ambiguity. But. at the time it takes place. as well as incurrence of and exclusion from criminal responsibility.States Parties are obliged to provide for criminal offenses of the same nature with respect to offenses against administration of justice that are committed on their territory or by their nationals. Article 22 of the Statute provides that a person shall not be criminally responsible unless the conduct in question constitutes. nullum poena sine lege and non-retroactivity. available measures are limited to temporary or permanent removal from the courtroom and a fine of up to 2. unlike the case of “offenses against the administration of justice”. Likewise. such as disruption of its proceedings or deliberate refusal to comply with its directions. Rome Statute).
It can only address crimes committed after the entry into force of the Statute and the establishment of the Court which was on July 1. However.provides that a person convicted by the Court may be punished only in accordance with the Statute. Aside from the aforementioned general principles. Individual criminal responsibility is provided under Article 25 of the statute. Non-retroactivity was embodied under Article 24 and provides that no person shall be criminally responsible under the Rome Statute for conduct prior to the entry into force of the Statute. and that a person who commits a crime within the jurisdiction of the Court shall be individually responsible and liable for punishment in accordance with the Statute. no provision relating to individual criminal responsibility shall affect the responsibility of States under international law. In other words the Court’s jurisdiction will not be retroactive. . in the event of a change in the law applicable to a given case prior to a final judgment. 2002. Moreover. the law more favorable to the person being investigated. irrelevance of official capacity and command responsibility. this means that the Court shall have jurisdiction over natural persons. prosecuted or convicted shall apply. the Rome Statute also adopted the doctrines of individual criminal responsibility. A person shall be criminally responsible and liable if that person (a) commits such a crime.
solicits or induces the commission of such a crime which in fact occurs or is attempted. a member of a Government or parliament. whether under national or international law. abets or otherwise assists in its commission or its attempted commission. aids. (d) 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. (c) for the purpose of facilitating the commission of such a crime. . (b) orders. constitute a ground for reduction of sentence. official capacity as a Head of State or Government. The doctrine is enshrined under Article 27 of the statute which provides that the statute shall apply equally to all persons without any distinction based on official capacity. nor shall it. in and of itself. In particular. jointly with another or through another person. Irrelevance of official capacity is consistent with the thrust of the Court to punish persons for most serious offenses of global concern no matter who committed them.whether as an individual. immunities or special procedural rules which may attach to the official capacity of a person. an elected representative or a government official shall in no case exempt a person from criminal responsibility. shall not bar the Court from exercising its jurisdiction over such a person. In addition. regardless of whether that other person is criminally responsible. including providing the means for its commission.
or effective authority and control as the case may be. or consciously disregarded information which clearly indicated. as a result of his or her failure to exercise control properly over such forces. and (b) that military commander or person failed to take all necessary and reasonable measures within his or her power to prevent or repress their commission or to submit the matter to the competent authorities for investigation and prosecution. which provides that a military commander or person effectively acting as a military commander shall be criminally responsible for crimes within the jurisdiction of the Court committed by forces under his or her effective command and control.Command responsibility is another ground for incurring criminal liability under the statute. where: (a) the superior either knew. that the subordinates were committing or . With respect to other superior and subordinate relationships. as a result of his or her failure to exercise control properly over such subordinates. a superior shall be criminally responsible for crimes within the jurisdiction of the Court committed by subordinates under his or her effective authority and control. The fact that a crime has been committed by a person on the orders of a superior does not normally relieve that person of criminal responsibility. should have known that the forces were committing or about to commit such crimes. owing to the circumstances at the time. The responsibility of commanders and other superiors are laid down under Article 28. where: (a) that military commander or person either knew or.
a person shall not be criminally responsible if. that person means to cause that consequence or is aware that it will occur in the ordinary course of events. and (c) the superior failed to take all necessary and reasonable measures within his or her power to prevent or repress their commission or to submit the matter to the competent authorities for investigation and prosecution. Also. knowledge means awareness that a circumstance exists or a consequence will occur in the ordinary course of events. The statute further provides that a person shall be criminally responsible and liable for punishment for a crime within the jurisdiction of the Court only if the material elements are committed with intent and knowledge which constitute mental element. Under Article 31 of the statute. (b) in relation to a consequence. Under Article 30 of the statute. or capacity to control his or her conduct to conform to the . Just like any other criminal justice system. and that the terms “know” and ‘knowingly’ shall be construed accordingly. at the time of that person's conduct: (a) the person suffers from a mental disease or defect that destroys that person's capacity to appreciate the unlawfulness or nature of his or her conduct. that person means to engage in the conduct. (b) the crimes concerned activities that were within the effective responsibility and control of the superior. a person has intent where: (a) in relation to conduct. the Rome statute prescribed the grounds for excluding criminal responsibility.about to commit such crimes.
as a result of the intoxication. or disregarded the risk. against an imminent and unlawful use of force in a manner proportionate to the degree of danger to the person or the other person or property protected.requirements of law. property which is essential for the survival of the person or another person or property which is essential for accomplishing a military mission. in the case of war crimes. . provided that the person does not intend to cause a greater harm than the one sought to be avoided. (c) the person acts reasonably to defend himself or herself or another person or. (b) the person is in a state of intoxication that destroys that person's capacity to appreciate the unlawfulness or nature of his or her conduct. that. (d) the conduct which is alleged to constitute a crime within the jurisdiction of the Court has been caused by duress resulting from a threat of imminent death or of continuing or imminent serious bodily harm against that person or another person. Such a threat may either be made by other persons or constituted by other circumstances beyond that person's control. and the person acts necessarily and reasonably to avoid this threat. or capacity to control his or her conduct to conform to the requirements of law. he or she was likely to engage in conduct constituting a crime within the jurisdiction of the Court. unless the person has become voluntarily intoxicated under such circumstances that the person knew.
which may not exceed a maximum of 30 years. (b) the person did not know that the order was unlawful.3 Judgment The Court may impose one of the following penalties on a person convicted of a crime referred to in article five of the Rome Statute: (a) imprisonment for a specified number of years. 2. and (c) the order was not manifestly unlawful. whether military or civilian. or as provided for in Article 33. or (b) a term of life imprisonment when justified by the extreme gravity of the crime and the individual circumstances of the convicted . Mistake of law as to whether a particular type of conduct is a crime within the jurisdiction of the Court shall not be a ground for excluding criminal responsibility. shall not relieve that person of criminal responsibility unless: (a) the person was under a legal obligation to obey orders of the Government or the superior in question. However. orders to commit genocide or crimes against humanity are manifestly unlawful.Article 33 of the statute provides that the fact that a crime within the jurisdiction of the Court has been committed by a person pursuant to an order of a Government or of a superior. for the purposes of the said article. unless it negates the mental element required by such a crime. Mistake of fact is also a ground for excluding criminal responsibility only if it negates the mental element required by the crime.
a State which becomes a Party to this Statute thereby accepts the jurisdiction of the Court. In the case of article 13. paragraph (a) or (c).person. the Court may exercise its jurisdiction if one or more of the following States are Parties to this Statute or have accepted the jurisdiction of the Court. the Court shall take into account such factors as the gravity of the crime and the individual circumstances of the convicted person. the International Criminal Court has no competence to impose death penalty. In determining the sentence. property and assets derived directly or indirectly from that crime. the Statute provides the preconditions to the exercise of jurisdiction. the Court may order a fine and forfeiture of proceeds. the Court may exercise its jurisdiction with respect to a crime referred to in Article 5 if: (a) a situation in which one or more of such crimes appear to have been committed is referred to the Prosecutor by a State Party. without prejudice to the rights of bona fide third parties. (b) a situation in which one or more of such crimes appears to have been committed is referred to the Prosecutor by the UN Security Council. or (c) the Prosecutor has initiated an investigation. Problem 3: How can the International Criminal Court acquire jurisdiction over the said cases? Based on Article 13 of the Statute. Under Article 12. Consistent with international human rights standards. However. In addition to imprisonment. If the acceptance of a State which is not a Party to .
if a national court is willing and able to exercise jurisdiction. by declaration lodged with the Registrar. The principle of complementarity’s suggests that national courts will continue to have priority in investigating and prosecuting crimes within their jurisdiction. accept the exercise of jurisdiction by the Court with respect to the crime in question. The Court is designed to complement existing national judicial systems. (b) a State which has jurisdiction over a case. as provided under Article 19 of the statute. by (a) an accused or a person for whom a warrant of arrest or a summons to appear has been issued. and that the International Criminal Court will act only when national courts are unable or unwilling to exercise jurisdiction. the International Criminal Court cannot intervene and no nationals of that State can be brought before it. that State may. or (c) a State from which acceptance of jurisdiction is required under article 12 of the statute. otherwise challenges to the jurisdiction of court and admissibility of the case may be made. The admissibility of a case or the jurisdiction of the Court may be challenged only once and the challenge shall take place prior to or at the . on the ground that it is investigating or prosecuting the case or has investigated or prosecuted. Thus. The accepting State shall cooperate with the Court without any delay or exception.this Statute is required.
the Court shall determine that a case is inadmissible where: (a) the case is being investigated or prosecuted by a State which has jurisdiction over it. unless the decision resulted from the unwillingness or inability of the State genuinely to prosecute. (b) there has been an unjustified delay in the proceedings which in the circumstances is . whether one or more of the following exist.commencement of the trial. and a trial by the Court. In order to determine unwillingness in a particular case. (c) the person concerned has already been tried for conduct which is the subject of the complaint. unless the State is unwilling or unable genuinely to carry out the investigation or prosecution. having regard to the principles of due process recognized by international law. Under Article 17 of the statute. (d) the case is not of sufficient gravity to justify further action by the Court. the Court shall consider. (b) the case has been investigated by a State which has jurisdiction over it and the State has decided not to prosecute the person concerned. the Prosecutor shall suspend the investigation until such time as the Court makes a determination. If a challenge is made by the State referred to in Article 19. as applicable: (a) the proceedings were or are being undertaken or the national decision was made for the purpose of shielding the person concerned from criminal responsibility for crimes within the jurisdiction of the Court.
inconsistent with an intent to bring the person concerned to justice. no person who has been tried by another court for conduct referred to in Article 5 shall be tried by the Court with respect to the same conduct unless the proceedings in the other court: (a) were for the purpose of shielding the person concerned from criminal responsibility for crimes within the jurisdiction of the Court. Likewise. due to a total or substantial collapse or unavailability of its national judicial system. Article 20 of the Rome Statute provides that no person shall be tried before the Court with respect to conduct which formed the basis of crimes for which the person has been convicted or acquitted by the Court. Furthermore. and they were or are being conducted in a manner which. In order to determine inability in a particular case. no person shall be tried by another court for a crime referred to in Article 5 for which that person has already been convicted or acquitted by the Court. (c) the proceedings were not or are not being conducted independently or impartially. in the circumstances. or (b) otherwise were not conducted . the State is unable to obtain the accused or the necessary evidence and testimony or otherwise unable to carry out its proceedings. is inconsistent with an intent to bring the person concerned to justice. the Court shall consider whether.
was inconsistent with an intent to bring the person concerned to justice.1. 2002 to the prosecutor on the ICC. The complainants include the following: (1) the government of Uganda. The reason for this referral is because of the conflicts in Northern parts of the country continues to generate reports of abuse between the LRA and the Ugandan Army. Problem 4: Who are the complainants and defendants involved in the cases? 4.independently or impartially in accordance with the norms of due process recognized by international law and were conducted in a manner which. (3) the government of Central African Republic. (2) the government of Democratic Republic of Congo. and (4) the United Nation Security Council who passed resolution 1593 referring the situation prevailing in Darfur (Sudan) since July 1. The government of Uganda in December 2003 referred to the prosecutor the situation concerning the Lord’s Resistance Army in the Northern Uganda. Complainants The International Criminal Court has launched investigations into four situations: Northern Uganda. But the government of Uganda is currently . The court had issued public arrest warrants for the twelve people from these four situations. the Democratic Republic of Congo. the Central African Republic and Darfur (Sudan). in the circumstances.
Prosecutor announced his decision to open an investigation. and when they are finally released. the ones responsible for committing these crimes were already in custody of the ICC. completely. The war situation has made the life of women more precarious. As of now. they some times kill themselves or check into a hospital were they die anyway because the brutal soldiers have ruined them internally. The referral was due to issues involving women’s human rights who were decreasing rapidly for the reason that they were raped. a period of intense fighting between government and rebel forces. focusing on allegations of killing and rape in 2002 and 2003. The government of the Democratic Republic of Congo in March 2004 referred to the prosecutor “the situation of crimes within the jurisdiction of the court allegedly committed anywhere in the territory of the DRC since the entry of the Rome Statue. On 23 May . The government of the Central African Republic in December 2004 referred to the prosecutor “the situation of crimes within the jurisdiction of the Court committed anywhere on the territory of the Central African Republic since 1 July 2002. The government of Uganda says it is considering establishing a national tribunal that meets international standards thereby allowing the ICC warrant to be set aside. slaves for men. The LRA’s leaders have repeatedly demanded immunity from the ICC prosecution in return for the end to the insurgency.having peace talks with the LRA.
They are . Defendants The defendants include the twelve inductees who committed crimes which the International Criminal Court is conducting investigation. They entrusted the establishment of the court for them to solved conflicts and attain justice as their constituents wants to have. However. and refuses to hand over the suspects. a former Vice President of the Democratic Republic of the Congo. The referral was due to the identified suspects Ahmad Muhammad Harun and Janjaweed militia leader Ali Kushayb accused of war crimes and crimes against humanity. The United Nation Security Council who passed resolution 1593 referring the situation prevailing in Darfur (Sudan) since July 1.2. 2002 to the prosecutor on the ICC. charging him with war crimes and crimes against humanity. the Court issued an arrest warrant for Jean-Pierre Bemba. On 2 May 2007. There claims for attaining justice thru this court would give them peace or nether less lessen the conflicts by giving proper reprimand for the crimes committed by the defendants. 4. the Court issued arrest warrants for the two men.2008. Sudan says the Court has no jurisdiction over this matter. The complainants have raised their issues regarding the situations encountered by their constituents who were victims of human rights violations.
sexual enslavement. Ahmed Haroun. Kony's deputy. Mathieu Ngudjolo Chui. a guerrilla group that is engaged in a violent campaign to establish a theocratic government in Uganda. was 62 years of age. cruel treatment of civilians. He committed the crimes against humanity of murder. Germain Katanga. enslavement.Joseph Kony. age. pillage. from Uganda. Raska Lukwiya. has abducted an estimated 20. rape and serious bodily injury and the war crimes of murder. Bosco Ntaganda. born on 1946. Vincent Otti. He is the head of the Lord's Resistance Army (LRA). The LRA. Among those was Joseph Kony who is already 46 years old born on 1962. Dominic Ongwen. gender. which earned a terrifying reputation for its brutality against the people of northern Uganda. and the profile description of the defendants or indicters that were alleged to be committing crimes under the jurisdiction of the court. attacking civilians. Vincent Otti. Thomas Lubanga. and a citizen of Uganda. The figure shows the names. which claims to be based on the Christian Bible and the Ten Commandments. and Jean-Pierre Bemba. inducing rape and enlisting child soldiers. Ali Kushayb. Okot Odhiambo.000 children since its rebellion began in 1987. a rebel guerrilla army operating mainly in Northern Uganda and . nationality. He was deputy-leader of the Lord's Resistance Army (LRA).
is a senior leader of the Lord's Resistance Army rebel group founded in Northern Uganda in 1987. a citizen of Uganda. LRA commander Raska Lukwiya committed the crime against humanity of enslavement and the war crimes of cruel treatment of civilians. He committed the crimes against humanity of murder. attacking civilians and pillage. pillage and murder. including attacks and brutality aimed at civilians Army Commander of the LRA. cruel treatment of civilians. He committed the crime against humanity of enslavement and war crimes of attacking civilians.Southern Sudan. Rumors of his death began to circulate in October 2007 but were not confirmed until January 2008. He is also referred to as Two-Victor. pillage and enlisting child soldiers. sexual enslavement and serious bodily injury and the war crimes of inducing rape. He was one of the five persons for whom the International Criminal Court (ICC) issued its first arrest warrants on 8 July 2005. Okot Odiambo. He is currently one of three Deputy Army Commanders. He served successively as Brigade General. Odiambo reportedly led an attack on Barlonya refugee camp in February 2004 when more than 300 people were massacred. enlisting child soldiers. He is the third highest ranking leader of the Lord's Resistance Army rebel group founded in northern Uganda. attacking civilians. his radio call sign. Deputy Army Commander and Army . As such he is a member of the "Control Altar" of the LRA that direct military strategy.
an armed militia in Ituri. He is the Brigade Commander of the Sinia Brigade of the Lord's Resistance Army (LRA) rebel group founded in northern Uganda. Implicated in numerous human rights violations against civilians and the murder of UN peacekeepers. cruel treatment of civilians. enslavement and serious bodily injury and the war crimes of murder. he was arrested on authority of an arrest warrant issued by the International Criminal Court (ICC) and is the first person put on trial by the ICC in The Hague. attacking civilians and pillage. He committed the crimes against humanity of murder. Dominic Ongwen is a male citizen of Uganda. . Ongwen is a member of the "Control Altar" of the LRA that directs military strategy. He was killed in fighting on 12 August 2006 with the government Uganda People's Defense Force while peace negotiations brokered by the government of Southern Sudan were still underway. Netherlands. As the head of one of the four LRA brigades. Thomas Lumbanga is 48 years old from the Democratic Republic of Congo (DRC) and former leader of the Union of Congolese Patriots (UPC). northeastern Democratic Republic of the Congo (DRC).Commander of the LRA. He is charged with seven counts of crimes against humanity and war crimes. Ongwen is the lowest ranking of the five LRA leaders for whom the International Criminal Court (ICC) issued their first ever warrants in June 2005. LRA commander.
Germain Katanga also known as Simba. He is a former leader of the Patriotic Resistance Force in Ituri (FRPI). an armed militia group operating in the North Kivu province of the Democratic Republic of the Congo (DRC). from the Democratic Republic of Congo (DRC). sexual slavery and using children under the age of fifteen to participate actively in hostilities. He is 30 years old. On 6 February 2008. born on 1970. He became the military chief of staff of the National Congress for the Defense of the People (CNDP). he was arrested by the Congolese authorities and surrendered to the International Criminal Court (ICC) to stand trial on six counts of war crimes and three counts of crimes against humanity. Bosco Ntaganda is 35 years of age. and a citizen of Rwanda. The charges include murder. born 1978 from the Democratic Republic of Congo (DRC). He is a colonel in the Congolese army and a former senior commander of the National Integrationist Front (FNI) and the Patriotic Resistance Force in Ituri (FRPI). Mathieu Ngudjolo Chui is 38 years old. He is a former member of the Rwandan Patriotic Army and allegedly a former Deputy . He is also known as Mathieu Cui Ngudjolo or Cui Ngudjolo. The charges include murder. the Congolese authorities surrendered him to the International Criminal Court (ICC) to stand trial on six counts of war crimes and three counts of crimes against humanity. born on 1973. On 17 October 2007. sexual slavery and using children under the age of fifteen to participate actively in hostilities.
was arrested during a visit to Belgium under a sealed warrant under accusations of war crimes and crimes against humanity committed in CAR. Baganda or Taganda. 2008. a citizen of Sudan. Jean-Pierre Bemba Gombo is 46 years old born on 1962. born on 1957. He is one of two Sudanese men wanted by the International Criminal Court (ICC) for war crimes and crimes against humanity in Darfur. West Darfur. Despite international pressure on the government of Sudan to surrender him to the ICC. Ntangana. he was appointed to lead an investigation into human rights violations in Darfur. He was known as aqid al oqada ("colonel of colonels") and was active in Wadi Salih. On February 27. Ntagenda. In September 2007. 2007.Chief of the General Staff of the Forces Patriotiques pour la Libération du Congo (FPLC). He is also known as "the Terminator" and his surname is sometimes given as Tanganda. is a former senior Janjaweed commander and current International Criminal Court (ICC) war crimes suspect. He was the former Vice-President of the Democratic Republic of the Congo and on May 25. commonly known as Ali Kushayb. Haroun continues to serve as the Sudan's Minister of State for Humanitarian Affairs. Ali Muhammad Ali Abd-Al-Rahman. Ntanganda. Ali Muhammad Ali Abd-Al-Rahman is 51 years old. Ahmad Muhammad Harun is 44 years old. Prosecutor Luis Moreno-Ocampo charged Kushayb with . born on 1964.
An ICC arrest warrant issued for him and Ahmed Haroun. ICC’s focus was on countries with on-going conflicts such as Darfur and Northern Uganda. In addition. accusing him of ordering killings. is legally bound to respect the ruling of the court as the prosecution is based on the request of the UN Security Council. Most of the indictments of ICC are also from Africa: Joseph Coney of Lord Resistance Army of Uganda. Failure to hand over the suspects could lead to further measures by the UN Security Council. And Even if Sudan is not a state member to the ICC. all were males and five of which are Ugandan located East Africa. his co-defendant. and Muhammad Harun of the Sudan and Ali Mohamed Ali Abdelrahman of the Janjaweed of Darfur. Defendants were presented. The ICC clarify that they handle crimes that has reasonable grounds that the suspects were involved. These are Ali Mohamed Ali Abdelrahman and Muhammad Harun. rapes. Problem 5: What is the status of the cases already resolved by the International Criminal Court? .crimes against civilians in Darfur during 2003 and 2004. they also issued an arrest warrant on two Sudanese who have been indicted for their involvement in crimes against humanity and war crimes in Darfur. 2007. and looting. on May 2. Charles Taylor of Liberia. it however.
awaiting trial. the vast majority of these communications were dismissed as “manifestly outside the jurisdiction of the Court”. two have died. six of them remain free. the Central African Republic and Darfur (Sudan). The first is Joseph Kony. the government of Uganda. 2007. The Court has issued public arrest warrants for twelve people. Kony refused to sign the peace agreement at the end of the day in Juba. however. referred to the Prosecutor the situation concerning the Lord’s Resistance Army in Northern Uganda. a state party. After initial review.The status of the investigations and prosecutions by the International Criminal Court. one of the inductees. 2004. As of July 2008. and four are in custody. The prosecutor opened the investigation on July 2004. the Office of the Prosecutor had received 2889 communications about alleged crimes in at least 139 countries. South Sudan because of fears he can be arrests because of warrant from the International Criminal . The Figure shows that in December 2003. the Democratic Republic of the Congo. the International Criminal Court has launched investigations into four situations: Northern Uganda. the situation assigned to Pre-Trial Chamber II. The Prosecutor decided to open an investigation into this matter on July 29. and on July 5. As of October 4.
Vincent Otti. It is unknown whether Kony has any assets that affected by this designation. and issued a sealed warrant for his arrest. attacking civilians and pillage . deputy-leader of the Lord's Resistance Army. the Central African Republic where over 300 were abducted recently and still in Southern Sudan. In October 2007. following a disagreement with Kony over the peace process. attacking civilians and pillage LRA commander Dominic Ongwen committed the crimes against humanity of murder. enslavement and serious bodily injury and the war crimes of murder. cruel treatment of civilians. but there have been no activities in Northern Uganda. He remains free until now. Netherlands. On 8 July 2005. LRA commander Raska Lukwiya committed the crime against humanity of enslavement and the war crimes of cruel treatment of civilians. a Pre-Trial Chamber of the International Criminal Court found that there were reasonable grounds to believe that Otti had committed war crimes and crimes against humanity. Now his troops of un-merry men is causing havoc in the Democratic Republic of Congo.Court in De Hague. sources in the Ugandan military reported that "Otti was killed on or around 8 October 2007 during a high command meeting that Kony convened at his base camp in Garamba".
Thomas Lubanga. referred to the Prosecutor “the situation of crimes within the jurisdiction of the Court committed anywhere on the territory of the Central African Republic since 1 July 2002. Lubanga's trial was due to begin on 23 June 2008. The hearing to confirm the charges against them began on 27 June 2008. the date of entry into force of the Rome . the former leader of the Ngiti-majority Front for Patriotic Resistance of Ituri militia. have also surrendered to the Court by the Congolese authorities.On March 2004. former leader of the National Integrationist Front. former leader of the Union of Congolese Patriots militia in Ituri was transferred to the ICC. In December 2004. the government of the Democratic Republic of the Congo. another fugitive from the DRC and currently in search to address his case over the court. Bosco Ntaganda. Germain Katanga and Mathieu Ngudjolo Chui. was transferred to the Court on 17 October 2007. a state party. Ngudjolo. Two more participants in the Ituri conflict. Katanga. On 17 March 2006. referred to the Prosecutor “the situation of crimes within the jurisdiction of the Court allegedly committed anywhere in the territory of the DRC. was transferred to the Court on 6 February 2008. the case allocated to Pre-Trial Chamber I. the government of the Central African Republic. but it was halted on 13 June when the Court ruled that the Prosecutor's refusal to disclose potentially exculpatory material had breached Lubanga's right to a fair trial. the prosecutor decided to open an investigation into the matter and on 4 July. a state party. On June 2004.
despite international arrest warrants. accused of war crimes and crimes against humanity. and requested the ICC to take responsibility. and . which was established in 2002 to prosecute individuals for genocide. the United Nations Security Council passed Resolution 1593. war crimes. The Prosecutor opened an investigation into this situation on June 6. However.Statute. the Court issued arrest warrants for the two men. On 2 May 2007.” The Court of Cassation of the Central African Republic investigating charges committed by Congolese Vice-President Jean-Pierre Bemba said that they could not secure the arrest of the suspects. referring “the situation prevailing in Darfur since 1 July 2002” to the Prosecutor. and refuses to hand over the suspects. Sudan claims the court has no jurisdiction over this matter. and the case allocated to Pre-Trial Chamber I. On 31 March 2005. List of people indicted by the International Criminal Court These are the list of people who have been indicted by the International Criminal Court (ICC). In February 2007 the Prosecutor announced that two men — Sudanese humanitarian affairs minister Ahmad Muhammad Harun and Janjaweed militia leader Ali Kushayb — had been identified as key suspects. crimes against humanity. The allegations against Bemba date to when his Movement for the Liberation of Congo rebel army invited by Patasse into the capital Bangui to fight rebels who were fighting against Patasse.
Germain Katanga DRC 2 July 2007 Yes Yes No 17 October 2007 awaiting trial 2 July 2007 27 April 2007 27 April 2007 Yes No No Fugitive 22 August 2006 Yes No No 17 March 2006 trial halted on 13 2006 Yes Yes No Fugitive In ICC custody. Okot Odhiambo Uganda 8 July 2005 Yes Yes No rumored to have 8 July 2005 died in April 2008 Dominic Ongwen Uganda 8 July 2005 10 February Thomas Lubanga DRC 2006 June 2008 22 August Bosco Ntaganda Ahmed Haroun Ali Kushayb DRC 2006 Darfur Darfur 27 April 2007 27 April 2007 Yes Yes Yes Yes No No Fugitive Fugitive In ICC custody. List of people indicted by the International Criminal Court Transferred Name Situation Indicted WC CAH G to the ICC Current status Arrest warrant 8 July 2005 as amended on 27 Joseph Kony Uganda 8 July 2005 Yes Yes No Fugitive September 2005 Vincent Otti Uganda 8 July 2005 Yes Yes No Died in 2007 8 July 2005 Died on 12 Raska Lukwiya Uganda 8 July 2005 Yes Yes No August 2006 Fugitive. Table 4. 10 February 8 July 2005 8 July 2005 . The list includes all individuals for whom the court has issued public arrest warrants as of 14 July 2008.the crime of aggression.
00% The ICC has opened investigations into four situations: Northern Uganda. the Central African Republic (CAR) and Darfur.Mathieu Ngudjolo DRC Chui Jean-Pierre Bemba CAR 23 May 2008 Yes Yes No 3 July 2008 6 July 2007 Yes Yes No 6 February 2008 In ICC custody. 06 July 2007 awaiting trial In ICC custody. The court has issued public arrest warrants for . 23 May 2008 awaiting trial LEGEND: WC = War Crimes CAH = Crimes against Humanity G = Genocide ICC = International Criminal Court DRC = Democratic Republic of Congo CAR = Central African Republic 0 WAR CRIM ES CRIM ES AGAINST HUM ANITY GENOCIDE CRIM ES OF AGGRESSION 83% 100. the Democratic Republic of the Congo (DRC).
It will prove that despite of having a court responsible in trying violation of human rights cases. awaiting trial. two have died. To date. no one has indicted for genocide. there are still circumstances where in liable persons remained unpunished.twelve people. The ICC indictment will surely have an effect be it negative or positive on the ground. and former Vice President of the DRC Jean-Pierre Bemba — are in the ICC's custody. This only shows that the court as of now the ffiled cases from 20052007 were remained unresolved. but ensuring it remains effective in terms of serving justice and contributing to peace is . There is a hope that ICC indictment would deter other people from committing similar acts of international crime by inducing ICC effect. All twelve of the indicted individuals have charged with war crimes. and ten of them have charged with crimes against humanity. Three other individuals — Germain Katanga. That ICC indictment will have ‘effect’ but will it be ‘effective’ to bring justice and peace. Mathieu Ngudjolo Chui. and four are in custody. of Congolese militia leader Thomas Lubanga. and the court cannot currently prosecute people for the crime of aggression. six of them remain free. The ICC's first trial. was due to begin on 23 June 2008 but it was halted on 13 June when judges ruled that the Prosecutor's refusal to disclose potentially exculpatory material had breached Lubanga's right to a fair trial.
Victims also have the right to justice. contribution to peace and stability. Arguably. and therefore accountable for their misdeeds and crimes. the peace and stability of a community are prosecuted. And in most cases amnesty may amounts impunity. not at the cost of more deaths. war crime and the crime of genocide. timing as well as law and order are vital in the equation of decision to prosecute. more rapes and more victims. Any one should have to be responsible for their actions. But the question is still is delaying justice impunity. they do not only take into account the crime or the victims. A range of factors such as the deterrence effect.another challenge. Then will the ICC indictment be effective in serving justice and bringing peace. Prosecutors do not prosecute criminals because they think they are criminals. the ICC indictment would consolidate the efforts of the African Union and the United Nations in Sudan. In a decision making of prosecution. Of course amnesty does not work on the case of crimes against humanity. That is the reason why a mass amnesty is some time granted to a group of criminals. But not at all cost. This is particularly true when the prosecution is of political in nature and a group of people who can affect the law and order of the country. .
What is the International Criminal Court? 2. it sought to answer the following questions: 1. Conclusion and Recommendation This chapter presents the summary of findings. How can the International Criminal Court acquire jurisdiction over said cases? 4. Specifically.Chapter V Summary of Findings. Who are the complainants and defendants involved in the said cases? 5. The study analyzed the establishing of the International Criminal Court in the international arena in deterring crimes and questing for justice from 2002 to 2005. conclusions and recommendations of the Study. What are the crimes under the jurisdiction of the said court? 3. What is the status of the cases already resolved by the International Criminal Court? .
equality before the law and the protection of basic human rights. 4. 3. due process. 5. end conflict and bring about justice through the assignation of criminal responsibility to individual human agents. Descriptive and electronic research method was used in this research wherein a careful study of different available documents and data such as the Rome Statute of the International Criminal Court. 2. existing provisions of laws concerning the study. like accountability. That this court can deter crime. That the trials conducted by the International Criminal Court could accomplish its task and lead to reconciliation. That this study would awaken the justice system of individual countries of the need to prosecute individuals who perpetrate the heinous crimes anywhere in the world.The study focused on the five assumptions which served as a guideline to the researchers and to the presentation of the study. The researchers have assumed that: 1. That the International Criminal Court rests on the premise that there are universal moral standards which apply to human behavior. International Law. cases from the website of the . That the International Criminal Court would put to work fundamental judicial principles and values.
there are still circumstances where in liable persons remained unpunished. the researchers arrived at the following findings: 1. There are still inconsistency in defining and setting jurisdiction upon cases. . The tooth of ICC was insufficient in promoting Human Rights and imposing sanctions to the accused. theses. 3. Filed cases from 2005-2007 were remained unresolved. 2. Findings After conducting a thorough research regarding the International Criminal Court’s Solemn Guarantee from Universal Human Rights. It will prove that despite of having a court responsible in trying violation of human rights cases.International Criminal Court. as well as literature and journals that was made.
Some think that the ICC is guilty of exaggeration and hypocrisy with the indictment because of how those responsible for the crises in Iraq and Afghanistan have not been prosecuted. Slow prosecution and weak execution of policies became the primary reason why piles of cases remained untouched. The International Criminal Court was in the process of determining whether it is effective or not. Then will the ICC indictment be effective in serving justice and bringing peace.. . Based on the cases gathered it proves that at present. there are still unresolved pending cases which are still filed and under investigation. 5. but ensuring it remains effective in terms of serving justice and contributing to peace is another challenge. the researchers concluded the subsequent statements: 1.4. Conclusion From the findings of the study. The ICC indictment will surely have an effect be it negative or positive on the ground.
. Consistent with international human rights standards. The Court is designed to complement national judicial systems and national courts will continue to have priority in investigating and prosecuting crimes within their jurisdiction. The Court with its wider jurisdiction than existing ad hoc tribunals will ensure that most serious offenses of global concern do not go unpunished no matter who committed them. which may not exceed a maximum of 30 years or may order a fine and forfeiture of proceeds. the International Criminal Court has no competence to impose death penalty. property and assets derived directly or indirectly from the crime.2. Protection of victims as well as reparations established in the Statute serve as solemn guarantees in the promotion and protection of universal human rights and rule of law. The International Criminal Court will act only when national courts are unable or unwilling to exercise jurisdiction based on the criteria provided in the Rome Statute. The International Criminal Court will be of particular importance because it will serve as a permanent deterrent to people considering the commission of crimes which threaten the peace. The Court may impose a penalty of imprisonment for a specified number of years. security and well-being of the world.
4. that despite the promulgation and creation of the Rome Statue. Likewise.3. It reason behind why problems exist in defining their jurisdiction of the court cited in the Rome statute over the crimes. Communication is another problem. It is considered weak especially to the execution of the policies and the attainment fast delivery of impartiality among constituents. if the communications are alleged . it is independent from the United Nations and different from the International Court of Justice. 5. There are still other problems that the court was facing until now. And on how the complainants would pursue the complaints if they would recognize the ICC as ineffective organ. The relationship of the third world countries to the US had already been deepening by the times they had experience as a colony of the US and as of now we can’t deny the fact these countries or the leaders might be influence by the US that the reason they had failed to sign the treaty. But at present the some of this country was undergoing to a ratification of the statue. This involves risk of life and liberty among the organs and also the credibility that the court stands for. This study revealed that the International Criminal Court is the first ever treaty based international criminal court and a permanent institution which have the power to exercise its jurisdiction over persons for the most serious crimes of international concern. The creation of this court had been not an easy task.
. this would make the body incompetent.and not yet proven by facts and investigation.
Future studies should conduct a survey whether or not the citizens are aware about the mission and purpose of ICC and be able to interview one of the officers on how they address ignorance of ICC. 4. the following recommendations have been reached: 1. research and data gathering. Students who wish to undertake the same study should focus more on the strengths of ICC and future progress in dealing with the international conflicts particularly in violation of Human Rights. 2. Future researchers should gather all the filed cases in ICC from the date of ratification up to present. . 3. Future studies should concentrate more on what measures are being used to maintain and improve the current justice system particular in human rights. Be able to present complete list of departments and persons involved in establishment of ICC. 5.Recommendations After the intensive study.
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