International Criminal Court

Arnaud L.

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International Criminal Court

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Lecture
Résumé
Sommaire
Extraits

Résumé du document

The International Criminal Court (ICC) is the only independent and permanent court which deals with the most serious crimes committed by people, which are genocide, crime of aggression, war crimes and crimes against humanity. The ICCs based on the Rome Statute of the International Criminal Court and it has 110 countries joined so far. The ICC investigates crimes which are not investigated by national judicial systems or if they are not properly investigated, that is what jurisprudence calls, last resort character. The main goal of the ICC is to end the impunity of perpetrators who are accused with the most serious crimes under the governance of the Rome Statute. The International Criminal Court found its roots in the early 15th century, it was not until the late 19th century that the understanding of international criminal law emerged in the form of written rules for military conflicts.

Sommaire

About the International Criminal Court
History of the ICC
Membership
Jurisdiction
1. The crimes
2. The territorial jurisdiction
3. The temporal jurisdiction
How are decisions taken?
The Budget of the ICC
The Structure of the ICC
1. The Assembly of States Parties
2. The Presidency
3. The Judicial Divisions
4. The Office of the Prosecutor
5. The registry
ICC in action
1. Omar al-Bashir
2. Thomas Lubanga
3. Germain Katanga
The genocide in Rwanda
1. Antecedents
2. The genocide
3. Théoneste Bagosora
4. Jean Kambanda

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Extraits

[...] In its Preamble, the Statute reminds that this jurisdiction over the most serious crimes is set concern to the international community as a whole” and that the Court is complementary to national criminal jurisdictions. Here is shown the ambition of the States Parties and the UNO about the Court: creating a global criminal court for the worst crimes committed in the world, able to prosecute offenders and persons responsible for crimes against humanity. Although the limit of the Statute is clear: the States Parties are still sovereign judicially on their own territories, including criminal jurisdiction. [...]

[...] The crimes The ICC is limited in its jurisdiction: only to the most serious crimes, named under Article 5 of the Statute. These crimes correspond to the crime of genocide (Art.6), crimes against humanity (Art.7), war crimes (Art.8) and the crime of aggression. Those crimes can be defined generally as crimes committed by a group of people, acting for a State or not, against some populations and their dignity, in a conflict or not. Those crimes represent infringements of fundamental human rights and are committed intentionally with a violent and degrading process. [...]

[...] In the third month of the massacre, the French government sent troops to Rwanda (called Opération Turquise) to evacuate the foreign civilians, but they didn't get involved the genocide. Between the 6th of April and the beginning of July 1994, officially 937000 Tutsi and moderate Hutu got murdered in Rwanda. i. The ICTR Between 1994 and 1996, the Rwandan government tried to find all the people who are responsible for the genocide. The jurisdiction was unreasonably slow, because of the investigations and the undeveloped bureaucracy. [...]

[...] International Criminal Court, Registry” , http://www.icc- cpi.int/. Regarding CIA evidences Regarding List of declarations of genocide in Darfur Resolution 1706, approved 31 August 2006 Especially murder, extermination, forcible transfer, torture, rape Especially pillaging and attacks against civilians The ICC could not find enough evidence for genocide Text was cited from the ICC arrest warrant Joint letter to the Chief Prosecutor of the ICC by Avocats Sans Frontières, Center for Justice and Reconciliation Statement by Fatou Bensouda, ICC Deputy Prosecutor Warrant of arrest for Germain Katanga, ICC only way to solve Rwanda's problems is to get rid of the Tutsi.” –Théoneste Bagosora The toll of human suffering was immense as a result of crimes which could have only occurred with his orders and authorisation. [...]

[...] The two sources are funds from each state party of the UN and funds provided by the United Nations (art Statute). For the first source is a scale developed which determines what amount each state party have to bring in (art Statute). Finally I want to describe that the annual audit like books, records, accounts of the court (including the financial statements) shall be audited annually by an independent auditor (art 118 Statute). Actually there is no number of annual budget of the court and assembly of the state parties given in the Statute The Structure of the ICC The ICC is composed of four types of organ: the Presidency, the Judicial Divisions, the Office of Prosecutor and the Registry. [...]

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