Convicted and sentenced to 14 years imprisonment; In ICC custody; convicted and sentenced to 30 years' imprisonment; under appeal; in ICC custody; if conviction and sentence stand, release between 2033 and 2043, Appeals by Prosecution and Defence discontinued. 13 personnes sont toujours en liberté. Ce séminaire est destiné à des avocats, des magistrats, des praticiens du droit utilisant régulièrement les mécanismes et le droit applicable devant la Cour pénale internationale. À l'avenir, la Cour pénale internationale signifiera clairement que chacun de ces crimes sera poursuivi et sanctionné. [139] When a case is referred to the ICC by the UN Security Council all UN member states are obliged to co-operate, since its decisions are binding for all of them. Title La Cour pénale internationale : entre nécessité de justice et impératif de paix / Dindio Konaté ; préface Francis Dacko. Ossetia region. Sunga, Lyal S. "The Emerging System of International Criminal Law: Developments in Codification and Implementation" (Brill) (1997). : La Cour pénale internationale est une institution très importante du point de vue de la politique communautaire. [301], That the ICC cannot mount successful cases without state cooperation is problematic for several reasons. La création du Statut de Rome en 1998 a constitué en soi un évènement historique, qui a marqué une étape importante dans les efforts déployés par l'humanité pour rendre le monde plus juste. It comprises twelve cells on the premises of the Scheveningen branch of the Haaglanden Penal Institution, The Hague, close to the ICC's new headquarters in the Alexanderkazerne. [20] The current administration of Donald Trump is considerably more hostile to the Court, threatening prosecutions and financial sanctions on ICC judges and staff in US courts as well as imposing visa bans in response to any investigation against American nationals in connection to alleged crimes and atrocities perpetrated by the US in Afghanistan. The ICC has a victim and witness protection programme that uses both operational and procedural protective measures. Some of them, including China and India, are critical of the Court. The Rome Statute then took effect in 2002, upon ratification by 60 States. [56] A prosecutor may be removed from office by an absolute majority of the states parties if he or she "is found to have committed serious misconduct or a serious breach of his or her duties" or is unable to exercise his or her functions. [52] They serve nine-year terms and are not generally eligible for re-election. The personal jurisdiction of the Court extends to all natural persons who commit crimes, regardless of where they are located or where the crimes were committed, as long as those individuals are nationals of either (1) states that are party to the Rome Statute or (2) states that have accepted the Court's jurisdiction by filing a declaration with the Court. During the 1970s and 1980s, international human rights and humanitarian Nongovernmental Organizations (or NGOs) began to proliferate at exponential rates. In addition to founding the Court and defining the crimes of genocide, war crimes, crimes against humanity, and – as of amendments made in 2010 – the crime of aggression, the Rome Statute also sets new standards for victims' representation in the Courtroom, and ensures fair trials and the rights of the defence. [17], In 2010 the states parties of the Rome Statute held the first Review Conference of the Rome Statute of the International Criminal Court in Kampala, Uganda. Headquarters: The Hague, the Netherlands. [125] However, Thomas Lubanga's defence team say they were given a smaller budget than the Prosecutor and that evidence and witness statements were slow to arrive.[126]. "[269] Both the ICC and the NGO community avoid criticizing each other publicly or vehemently, although NGOs have released advisory and cautionary messages regarding the ICC. Article 13 allows the Security Council to refer to the Court situations that would not otherwise fall under the Court's jurisdiction (as it did in relation to the situations in Darfur and Libya, which the Court could not otherwise have prosecuted as neither Sudan nor Libya are state parties). It's free! seri zokou | Brussels, Brussels Region, Belgium | Avocat au Barreau de Bruxelles et à la Cour Pénale Internationale at PHOENIX LAW AVOCATS (Founder) | 135 connections | … They are engaged in monitoring, commenting upon, and assisting in the ICC's activities. [294], ICC responded that it will continue to investigate war crimes undeterred. Trial has been completed and verdict delivered but appeal is pending. [79] In addition, article 70 defines offences against the administration of justice, which is a fifth category of crime for which individuals can be prosecuted. [140] Also, there is an obligation to respect and ensure respect for international humanitarian law, which stems from the Geneva Conventions and Additional Protocol I,[141] which reflects the absolute nature of international humanitarian law. The five following Policy Papers have been published since the start of the ICC: On the Policy Paper published in September 2016 it was announced that the International Criminal Court will focus on environmental crimes when selecting the cases. [54] A judge may be removed from office if he or she "is found to have committed serious misconduct or a serious breach of his or her duties" or is unable to exercise his or her functions. [170] As of April 2017[update], the ICC's staff consisted of 800 persons from approximately 100 states. A situation is listed here if the Prosecutor of the Court has opened an investigation. We will investigate, "Statement of ICC Prosecutor, Fatou Bensouda, on the Situation on registered vessels of the Union of the Comoros et al", "Preliminary examination: Registered Vessels of Comoros, Greece and Cambodia", "Statement of the Prosecutor of the International Criminal Court, Fatou Bensouda, on opening a second investigation in the Central African Republic", "Statement of ICC Prosecutor, Fatou Bensouda, on the conclusion of the preliminary examination of the Situation in Palestine, and seeking a ruling on the scope of the Court's territorial jurisdiction", "Situation in the Gabonese Republic: Article 5 Report", "Statement of the Prosecutor of the International Criminal Court, Mrs Fatou Bensouda, on the referral by Venezuela regarding the situation in its own territory", "Statement of ICC Prosecutor, Fatou Bensouda, on opening a Preliminary Examination concerning the alleged deportation of the Rohingya people from Myanmar to Bangladesh", "Statement of the Prosecutor of the International Criminal Court, Mrs Fatou Bensouda, on the referral by Bolivia regarding the situation in its own territory", "Situation in Central African Republic II: Alfred Yekatom surrendered to the ICC for crimes against humanity and war crimes", ICC case information sheet on the Lubanga case, ICC case information sheet on the Ntaganda case, Order regarding the hearing scheduled for 29 June - 1 July 2020, ICC case information sheet on the Katanga case, DR Congo to prosecute militia leader Katanga, convicted by ICC, ICC Presidency approves the prosecution of Mr Germain Katanga by national authorities of the Democratic Republic of the Congo, ICC case information sheet on the Chui case, ICC case information sheet on the Mbarushimana case, Mbarushimana case: ICC Appeals Chamber rejects the Prosecution’s appeal. Justice for victims before the ICC comprises both procedural and substantive justice, by allowing them to participate and present their views and interests, so that they can help to shape truth, justice and reparations outcomes of the Court. "[92] The Statute defines an "act of aggression" as "the use of armed force by a State against the sovereignty, territorial integrity or political independence of another State, or in any other manner inconsistent with the Charter of the United Nations. [112] In respect of the crime of genocide, directly and publicly incites others to commit genocide;[113] Attempts to commit such a crime by taking action that commences its execution by means of a substantial step, but the crime does not occur because of circumstances independent of the person's intentions[114], Trials are conducted under a hybrid common law and civil law judicial system, but it has been argued the procedural orientation and character of the court is still evolving. [269] These are the kinds of events that are often hosted or organized by local NGOs. "This cause … is the cause of all humanity ". [75] This includes, among other things, "the administration of legal aid matters, court management, victims and witnesses matters, defence counsel, detention unit, and the traditional services provided by administrations in international organisations, such as finance, translation, building management, procurement and personnel". [35][39], Forty-one additional states[34] have neither signed nor acceded to the Rome Statute. 1 howard morrison 2018.jpg 4,222 × 4,197; 12.79 MB. [69] According to this document, the Office will give particular consideration to prosecuting Rome Statute crimes that are committed by means of, or that result in, "inter alia, the destruction of the environment, the illegal exploitation of natural resources or the illegal dispossession of land". [55] It is headed by the Chief Prosecutor, who is assisted by one or more Deputy Prosecutors. 2 langues de travail : anglais et français. Criminal Justice Ethics 28.1 (2009): 5–24. : Künftig wird der Internationale Strafgerichtshof klar signalisieren, dass jedes dieser Verbrechen verfolgt und bestraft wird. Though the ICC has denied the charge of disproportionately targeting African leaders, and claims to stand up for victims wherever they may be, Kenya was not alone in criticising the ICC. Trotz der Tatsache, dass dieser La cour pénale internationale vielleicht einen etwas höheren Preis hat, findet sich der Preis in jeder Hinsicht im Bezug auf Qualität und Langlebigkeit wider. The ICC began operations on 1 July 2002, upon the entry into force of the Rome Statute, a multilateral treaty that serves as the court's foundational and governing document. [178] Additionally, the Office of the Prosecutor is conducting preliminary examinations in ten situations in Afghanistan; Bangladesh/Myanmar; Colombia; Guinea; Iraq / the United Kingdom; Nigeria; Palestine; the Philippines; Ukraine; and Venezuela on events since April 2017. 132‐133, 150‐151, <, Statement of the Prosecutor of the International Criminal Court, Ms Fatou Bensouda, regarding the situation in the Kasaï provinces, Democratic Republic of the Congo, 31 March 2017, <. The preliminary examination relates to registered vessels of the Comoros, Greece and Cambodia. [4] At the request of the General Assembly, the International Law Commission (ILC) drafted two statutes by the early 1950s but these were shelved during the Cold War, which made the establishment of an international criminal court politically unrealistic.[5]. [288] The High Court of South Africa ruled on 2 February 2017 that the South African government's notice to withdraw was unconstitutional and invalid. "Fair Trials and International Courts: A Critical Evaluation of the Nuremberg Legacy." To ensure "equality of arms" between defence and prosecution teams, the ICC has established an independent Office of Public Counsel for the Defence (OPCD) to provide logistical support, advice and information to defendants and their counsel. ICC core legal texts. From the ICC side, it has been useful to have the CICC channel NGO contacts with the Court so that its officials do not have to interact individually with thousands of separate organizations. [139], In relation to co-operation in investigation and evidence gathering, it is implied from the Rome Statute[143] that the consent of a non-party state is a prerequisite for ICC Prosecutor to conduct an investigation within its territory, and it seems that it is even more necessary for him to observe any reasonable conditions raised by that state, since such restrictions exist for states party to the Statute. Cour Pénale Internationale. [8] While work began on the draft, the United Nations Security Council established two ad hoc tribunals in the early 1990s: The International Criminal Tribunal for the former Yugoslavia, created in 1993 in response to large-scale atrocities committed by armed forces during Yugoslav Wars, and the International Criminal Tribunal for Rwanda, created in 1994 following the Rwandan genocide. As of November 2019, there are 123 ICC member states; 42 states have neither signed nor become parties to the Rome Statute. NGOs helped birth the ICC through advocacy and championing for the prosecution of perpetrators of crimes against humanity. [40][41] Ukraine, a non-ratifying signatory, has accepted the Court's jurisdiction for a period starting in 2013.[42]. As of 16 June 2012, the Prosecutor has been Fatou Bensouda of Gambia, who had been elected as the new Prosecutor on 12 December 2011. The Office of the Prosecutor processes preliminary examinations through different phases. [119] There is no subpoena or other means to compel witnesses to come before the court, although the court has some power to compel testimony of those who chose to come before it, such as fines.[120]. The HUDOC database provides access to the case-law of the Court (Grand Chamber, Chamber and Committee judgments and decisions, communicated cases, advisory opinions and legal summaries from the Case-Law Information Note), the European Commission of Human Rights (decisions and reports) and the Committee of Ministers (resolutions) Benjamin B. Ferencz, an investigator of Nazi war crimes after the Second World War, and the Chief Prosecutor for the United States Army at the Einsatzgruppen Trial, became a vocal advocate of the establishment of international rule of law and of an international criminal court. Europe – From Lubanga to Kony, is the ICC only after Africans? Initially the thorny issue of the actual application of the complementarity principle arose in 2008, when William Schabas published his influential paper. The Court moved into its first permanent premises in The Hague, located at Oude Waalsdorperweg 10, on 14 December 2015. [289] On 7 March 2017 the South African government formally revoked its intention to withdraw;[290] however, the ruling ANC revealed on 5 July 2017 that its intention to withdraw stands.[291]. ICC judges have issued 35 arrest warrants. This marked the first time the ICC convicted someone of sexual violence as they added rape to his conviction. (See International Criminal Court, 2008: International Criminal Court, 18 October 2005. International Criminal Court, January 2007. International Criminal Court, 18 October 2007. [24] However, following Gambia's presidential election later that year, which ended the long rule of Yahya Jammeh, Gambia rescinded its withdrawal notification. The three jurisdictional requirements are (1) subject-matter jurisdiction (what acts constitute crimes), (2) territorial or personal jurisdiction (where the crimes were committed or who committed them), and (3) temporal jurisdiction (when the crimes were committed). [83], Article 7 defines crimes against humanity as acts "committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack". Therefore, an individual can only be prosecuted if he or she has either (1) committed a crime within the territorial jurisdiction of the Court or (2) committed a crime while being a national of a state that is within the territorial jurisdiction of the Court. [175] Bemba's convictions were overturned by the Court's Appeal Chamber in 2018.[176]. 27 Oct 2007 Seattle Demo 56.jpg 1,944 × 2,592; 830 KB. [33] The Rome Statute provides that the Office of the Prosecutor shall act independently;[56] as such, no member of the Office may seek or act on instructions from any external source, such as states, international organisations, non-governmental organisations or individuals. The legal relationship between the ICC and the Netherlands is governed by a headquarters agreement, which entered into force on 1 March 2008. [88], Article 8 bis defines crimes of aggression. [55], The Prosecutor may open an investigation under three circumstances:[55], Any person being investigated or prosecuted may request the disqualification of a prosecutor from any case "in which their impartiality might reasonably be doubted on any ground". Ces échanges leur permettent de communiquer directement avec la Cour et d’acquérir le sentiment de s’approprier le processus judiciaire. [116] Trials are supposed to be public, but proceedings are often closed, and such exceptions to a public trial have not been enumerated in detail. [147] Former ICC president Philippe Kirsch has said that "some limited amnesties may be compatible" with a country's obligations genuinely to investigate or prosecute under the Statute.[145]. 1257–1303", https://www.icc‐cpi.int/CourtRecords/CR2015_19375.PDF, https://www.icc‐cpi.int/Pages/item.aspx?name=170331‐otp‐stat, https://papers.ssrn.com/sol3/papers.cfm?abstract_id=271965, Crime and Global Justice. [172] Additionally, the Office of the Prosecutor is conducting preliminary examinations in nine situations: Colombia; Guinea; Nigeria; Palestine; the Philippines; Ukraine; Bolivia; and two in Venezuela.[173]. The Rome Statute provides that all persons are presumed innocent until proven guilty beyond reasonable doubt,[121] and establishes certain rights of the accused and persons during investigations. 1 bureau de liaison auprès des Nations Unies à New York et 7 bureaux extérieurs : Kinshasa et Bunia (République démocratique du Congo, « RDC ») ; Kampala (Ouganda) ; Bangui (République centrafricaine, « RCA ») ; Abidjan (Côte d’Ivoire) ; Tbilissi (Géorgie) ; et Bamako (Mali). The relationship between the Court and the UN is governed by a "Relationship Agreement between the International Criminal Court and the United Nations".[267][268]. Participation before the Court may occur at various stages of proceedings and may take different forms, although it will be up to the judges to give directions as to the timing and manner of participation. [146] Such a deferral may be renewed indefinitely by the Security Council. [57] The current law in the United States on the ICC is the American Service-Members' Protection Act (ASPA), 116 Stat. Today the treaty serves as the ICC's guiding legal instrument, which is elaborated in such other legal texts as the Elements of Crimes, Rules of Procedure and Evidence and more. In January 1998, the Bureau and coordinators of the Preparatory Committee convened for an Inter-Sessional meeting in Zutphen in the Netherlands to technically consolidate and restructure the draft articles into a draft. The tallest volume with a green facade, placed in the middle of the design, is the Court Tower that accommodates 3 courtrooms. 1980 – 1985 5 years. Indicted and has had at least first appearance; trial has not yet begun. [148][149] Czech politician Marek Benda argues that "the ICC as a deterrent will in our view only mean the worst dictators will try to retain power at all costs". The ICC calls on all countries to join the fight against impunity, so that perpetrators of such crimes are punished, and to help prevent future occurrences of these crimes. ​The International Criminal Court (ICC) investigates and, where warranted, tries individuals charged with the gravest crimes of concern to the international community: genocide, war crimes, crimes against humanity and the crime of aggression.   Preliminary examination ongoing For an individual to be prosecuted by the Court either territorial jurisdiction or personal jurisdiction must exist. The ICC has issued arrest warrants for 36 individuals and summonses to eight others. To initiate an investigation, the Prosecutor must (1) have a "reasonable basis to believe that a crime within the jurisdiction of the Court has been or is being committed", (2) the investigation would be consistent with the principle of complementarity, and (3) the investigation serves the interests of justice. "[58] Henry Kissinger says the checks and balances are so weak that the prosecutor "has virtually unlimited discretion in practice".[59]. Concurrently, the quest to find a way to punish international crimes shifted from being the exclusive responsibility of legal experts to being shared with international human rights activism. ""These attacks constitute an escalation and an unacceptable attempt to interfere with the rule of law and the Court’s judicial proceedings, the statement said. Avocat inscrit sur la liste des conseils auprès de la Cour Pénale Internationale. "[280] Despite these calls, the ICC went ahead with requiring William Ruto to attend his trial. [80] There are five such acts which constitute crimes of genocide under article 6:[81]. [33], As of November 2019[update], 123 states[34] are parties to the Statute of the Court, including all the countries of South America, nearly all of Europe, most of Oceania and roughly half of Africa. A Policy Paper is a document published by the Office of the Prosecutor occasionally where the particular considerations given to the topics in focus of the Office and often criteria for case selection are stated. [6] A second major advocate was Robert Kurt Woetzel, who co-edited Toward a Feasible International Criminal Court in 1970 and created the Foundation for the Establishment of an International Criminal Court in 1971. La compétence de la Cour n’étant pas rétroactive, elle traite les crimes commis à compter de cette date. See also Amnesty International, 1 August 2000. International Criminal Court, 17 October 2006. [304], On the other hand, the Chief Prosecutor, Fatou Bensouda, has invoked recently the principle of complementarity in the situation between Russia and Georgia in The United States Department of State argues that there are "insufficient checks and balances on the authority of the ICC prosecutor and judges" and "insufficient protection against politicized prosecutions or other abuses". Unsere Auswahl ist auf unserer Seite definitiv sehr umfangreich. Rome Statute took effect upon ratification by 60 States, officially establishing the ICC. Wählen Sie aus erstklassigen Inhalten zum Thema Cour Pénale Internationale in höchster Qualität. A situation is listed here if an investigation was begun by the Prosecutor. [52] Judges are elected to the Court by the Assembly of States Parties. The Court's management oversight and legislative body, the Assembly of States Parties, consists of one representative from each state party. [11] Israel's opposition to the treaty stemmed from the inclusion in the list of war crimes "the action of transferring population into occupied territory". The Court can issue an indictment under seal. ​La Cour pénale internationale (CPI) mène des enquêtes et, le cas échéant, juge les personnes accusées des crimes les plus graves qui touchent l’ensemble de la communauté internationale : génocide, crimes de guerre, crimes contre l’humanité et crime d’agression. NGOs can pursue their own mandates, irrespective of whether they are compatible with those of other NGOs, while the ICC must respond to the complexities of its own mandate as well as those of the states and NGOs. [106], The Court has jurisdiction over natural persons[107] It means that the ICC acts inconsistently in its selection of cases, is prevented from taking on hard cases and loses legitimacy. Convicted and sentenced to one year of imprisonment and a fine of 300,000 USD; Convicted and sentenced to a fine of 30,000 USD; Convicted and sentenced to six months of imprisonment; Convicted and sentenced to eleven months of imprisonment; In ICC custody; initial appearance pending, At large under warrant of arrest, previously appeared voluntarily, charges confirmed, trial before Trial Chamber IV to begin, Released from ICC custody; acquittal under appeal, Convicted and sentenced to nine years imprisonment upon guilty plea; in ICC custody; reparations regime established; if conviction and sentence stand, release between 2021 and 2024, In ICC custody, charges confirmed, trial before Trial-Chamber X to begin, In ICC custody, charges confirmed, trial before Trial-Chamber V to begin. De plus, le Statut de Rome établit de nouvelles normes en matière de représentation des victimes en salle d’audience, et il assure la tenue de procès équitables et la protection des droits de la Défense. No statute of limitations applies to any of the crimes defined in the Statute. L’Allemagne a d’emblée fait partie de ses fervents partisans. [55] Her predecessor, Luis Moreno Ocampo of Argentina, had been in office from 2003 to 2012. Trial has begun but has not yet been completed. Henry A. Kissinger. The ICC's detention centre accommodates both those convicted by the court and serving sentences as well as those suspects detained pending the outcome of their trial. ​. The Court spent €80.5 million in 2007. It looks like your browser does not have JavaScript enabled. It is intended to complement existing national judicial systems and it may therefore exercise its jurisdiction only when national courts are unwilling or unable to prosecute criminals. However, the Rome Statute grants certain powers to the United Nations Security Council, which limits its functional independence. [115] A majority of the three judges present, as triers of fact, may reach a decision, which must include a full and reasoned statement. It is the aim of this attempted balance between retributive and restorative justice that, it is hoped, will enable the ICC to not only bring criminals to justice but also help the victims themselves obtain some form of justice. This page was last edited on 17 December 2020, at 14:33.