cabinet d'avocats pénalistes In his first book published in 1975, entitled Defining International Aggression: The Search for World Peace, he advocated for the establishment of such a court. [283] In November, the ICC's Assembly of State Parties responded to Kenya's calls for an exemption for sitting heads of state[284] by agreeing to consider amendments to the Rome Statute to address the concerns. The ICC responded with a statement expressing “profound regret at the announcement of further threats and coercive actions. Indicted but has not yet appeared before the Court.   Preliminary examination closed, Unlike the International Court of Justice, the ICC is legally independent from the United Nations. 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. 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. As of November 2019, there are 123 ICC member states; 42 states have neither signed nor become parties to the Rome Statute. 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". Antoinette Mukeshimana--Belgium . ", "Policy Paper on the Interest of Justice", "Policy Paper on Preliminary Examinations", "Policy Paper on Sexual and Gender-Based Crimes", "Policy paper on case selection and prioritisation", "ICC widens remit to include environmental destruction cases", "Policy Paper on Case Selection and Prioritisation", "International court to prosecute environmental crimes in major shift", "Is environmental destruction a crime against humanity? 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). The ICC may be about to find out", "CEOs can now be tried in The Hague like war criminals", "Crime of Aggression - Amendments Ratification", "The awakening hypothesis of the complementarity principle", The International Criminal Court: Fact sheet 9 – Fair trial guarantees, Report of the International Criminal Court for 2004, "The International Criminal Court – Hope for the Victims", "Realising Justice for Victims before the International Criminal Court", "US Department of State Cable, 10NAIROBI11, Kenya: Inadequate Witness Protection Poses Painful Dilemma", "Decision establishing the principles and procedures to be applied to reparations", "On Co-Operation by States Not Party to the International Criminal Court", "Uganda Urges Traditional Justice for Rebel Crimes", "Czech Parliament Against Ratifying International Criminal Court", "ICC has signed contract with Danish architect schmidt hammer lassen for the development of permanent premises", "PR UN, New York - Permanent Representations - The Netherlands at International Organisations", ICC says cells ready for Uganda war crimes suspects, "Report on programme performance of the International Criminal Court for the year 2007", "In historic ruling, international court cites rape in war crimes conviction of ex-Congo official", "Decision on the confirmation of charges against Dominic Ongwen", "Statement of the Prosecutor of the International Criminal Court, Fatou Bensouda, concerning referral from the Gabonese Republic", "Report on Preliminary Examination Activities (2020)", "Communications Received by the Office of the Prosecutor of the ICC", "ICC - Prosecutor receives referral of the situation in the Democratic Republic of Congo", "ICC - The Office of the Prosecutor of the International Criminal Court opens its first investigation", "The Statement of the International Criminal Court, Luis Moreno-Ocampo in relation to Cote D'Ivoire", "ICC - ICC Holds Seminar with Ugandan Judicial Authorities", "ICC - Prosecutor of the International Criminal Court opens an investigation into Nothern [sic] Uganda", "Report on Preliminary Examination Activities (2019)", "ICC - Prosecutor receives referral concerning Central African Republic", "Prosecutor opens investigation in the Central African Republic", "ICC - Security Council refers situation in Darfur to ICC Prosecutor", "The Prosecutor of the ICC opens investigation in Darfur", "Afghanistan: ICC Appeals Chamber authorises the opening of an investigation", "OTP statement in relation to events in Kenya", "ICC judges grant the Prosecutor's request to launch an investigation on crimes against humanity with regard to the situation in Kenya", "ICC Prosecutor confirms situation in Georgia under analysis", "ICC Pre-Trial Chamber I authorises the Prosecutor to open an investigation into the situation in Georgia", "Statement of the Prosecutor of the International Criminal Court, Fatou Bensouda, on the conclusion of the preliminary examination into the situation in Honduras", "Statement of the Prosecutor of the International Criminal Court, Fatou Bensouda, on the conclusion of the preliminary examination of the situation in the Republic of Korea", "In Swift, Decisive Action, Security Council Imposes Tough Measures on Libyan Regime, Adopting Resolution 1970 in Wake of Crackdown on Protesters", "Statement by the Office of the Prosecutor on situation in Libya", "Statement of the Prosecutor on the opening of the investigation into the situation in Libya", "ICC Prosecutor Fatou Bensouda on the Malian State referral of the situation in Mali since January 2012", "ICC Prosecutor opens investigation into war crimes in Mali: 'The legal requirements have been met. It is totally unacceptable. [129], Article 43(6) establishes a Victims and Witnesses Unit to provide "protective measures and security arrangements, counseling and other appropriate assistance for witnesses, victims who appear before the Court, and others who are at risk on account of testimony given by such witnesses. Where there is a reasonable basis to proceed, it is mandatory for the Prosecutor to initiate an investigation. 1 Chung Chang-ho 2018.jpg 8,256 × 5,504; 38.21 MB. It's free! 13 people remain at large. As a court of last resort, it seeks to complement, not replace, national Courts. "[93] The article also contains a list of seven acts of aggression, which are identical to those in United Nations General Assembly Resolution 3314 of 1974 and include the following acts when committed by one state against another state:[94], Article 70 criminalizes certain intentional acts which interfere with investigations and proceedings before the Court, including giving false testimony, presenting false evidence, corruptly influencing a witness or official of the Court, retaliating against an official of the Court, and soliciting or accepting bribes as an official of the Court.[95]. Following the Second World War, the allied powers established two ad hoc tribunals to prosecute Axis leaders accused of war crimes. In that event, ICC judges and prosecutors would be barred from entering the U.S., their funds in the U.S. would be sanctioned and the U.S. "will prosecute them in the US criminal system. Antoinette Mukeshimana. En qualité de juridiction de dernier ressort, elle s’efforce de compléter les juridictions nationales et non de les remplacer. [269] The ICC heavily depends on NGOs for its operations. All three nations cited the fact that all 39 people indicted by the court over its history have been African and that the court has made no effort to investigate war crimes tied to the 2003 invasion of Iraq. [123][124] The OPCD also helps to safeguard the rights of the accused during the initial stages of an investigation. [Bemba et al. The ICC, said Bolton, is "superfluous" given that "domestic judicial systems already hold American citizens to the highest legal and ethical standards." They avoid taking stances that could potentially give the Court's adversaries, particularly the US, more motive to berate the organization. Qu'est-ce que la sensibilisation? There have thus far been 28 cases before the Court, with some cases having more than one suspect. [53] They must be "persons of high moral character, impartiality and integrity who possess the qualifications required in their respective States for appointment to the highest judicial offices". Individuals can only be prosecuted for crimes that are listed in the Statute. Browse; Subjects African Studies ... Theology and World Christianity Human Rights and Humanitarian Law International Law International Relations Biology Authors. Spinellis, Nikolaos Theodorakis, Emmanouil Billis, George Papadimitrakopoulos (eds. Six persons are in detention. View may htike’s full profile. You need a political agreement. Voir tous les The Court itself, however, is composed of four organs: the Presidency, the Judicial Divisions, the Office of the Prosecutor, and the Registry. 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. trials of elite perpetrators have deterrence and preventive effects for atrocity crimes. The Court's management oversight and legislative body, the Assembly of States Parties, consists of one representative from each state party. 1 ICC Liaison Office to the United Nations in New York and 7 ICC Country Offices in Kinshasa and Bunia (Democratic Republic of the Congo, “DRC”); Kampala (Uganda); Bangui (Central African Republic, “CAR”); Abidjan (Côte d’Ivoire); Tbilisi (Georgia); and Bamako (Mali). ICC judges have issued 35 arrest warrants. The ICC has been accused of bias and as being a tool of Western imperialism, only punishing leaders from small, weak states while ignoring crimes committed by richer and more powerful states. The ICC's detention centre is a short distance away. "DRC army says Rwandan Hutu rebel commander Mudacumura killed", ICC case information sheet on the Kony-Otti case, ICC case information sheet on the Ongwen case, ICC case information sheet on the Bemba case, ICC case information sheet on the Haroun-Kushayb case, Kushayb case: Pre-Trial Chamber II makes public a second warrant of arrest and schedules a first appearance on 15 June, ICC case information sheet on the al-Bashir case, ICC case information sheet on the Abu Garda case, ICC case information sheet on the Banda case, ICC case information sheet on the Hussein case, ICC case information sheet on the Ruto-Sang case, ICC case information sheet on the Kenyatta case, The Prosecutor v. Paul Gicheru and Philip Kipkoech Bett, ICC case information sheet on the Gaddafi case, ICC case information sheet on the Khaled case, ICC case information sheet on the al-Werfalli case, ICC case information sheet on the L. Gbagbo-Blé Goude case, ICC case information sheet on the Simone Gbagbo case, ICC case information sheet on the al-Mahdi case, ICC case information sheet on the Al Hassan case, ICC case information sheet on the Yekatom-Ngaïssona case, International Criminal Court's investigation into Alleged crimes against humanity and war crimes committed in Afghanistan since 1 May 2003, Situation in the People’s Republic of Bangladesh/Republic of the Union of Myanmar, "Abadir M. Ibrahim, The International Criminal Court in Light of Controlling Factors of the Effectiveness of International Human Rights Mechanisms, 7 Eyes on the International Criminal Court (2011)", "ICC and Africa – International Criminal Court and African Sovereignty", "African Union accuses ICC prosecutor of bias", "Is this the end for the International Criminal Court? Rome Statute took effect upon ratification by 60 States, officially establishing the ICC. [285], On 7 October 2016, Burundi announced that it would leave the ICC, after the court began investigating political violence in that nation. The creation of these tribunals further highlighted to many the need for a permanent international criminal court.[9]. [57] Luis Moreno-Ocampo, chief ICC prosecutor, stressed in 2011 the importance of politics in prosecutions: "You cannot say al-Bashir is in London, arrest him. [163], The ICC maintains a liaison office in New York[165] and field offices in places where it conducts its activities. The prosecution of Kenyan Deputy President William Ruto and President Uhuru Kenyatta (both charged before coming into office) led to the Kenyan parliament passing a motion calling for Kenya's withdrawal from the ICC, and the country called on the other 33 African states party to the ICC to withdraw their support, an issue which was discussed at a special African Union (AU) summit in October 2013. [270] The original steering committee included representatives from the World Federalist Movement, the International Commission of Jurists, Amnesty International, the Lawyers Committee for Human Rights, Human Rights Watch, Parliamentarians for Global Action, and No Peace Without Justice. There are a number of NGOs working on a variety of issues related to the ICC. : La Cour pénale internationale est une institution très importante du point de vue de la politique communautaire. In total there are 74 war crimes listed in article 8. [36][35] A further 31 countries[34] have signed but not ratified the Rome Statute. Régie par un traité international appelé le Statut de Rome, la CPI est la première juridiction pénale internationale permanente. La Cour pénale internationale Conférence donnée par Yves Daoudal à l’université d’été de Chrétienté-Solidarité, à Saint-Jacques de Compostelle, en 2002 La Cour pénale internationale. Les voix des victimes se font entendre dans la salle d'audience, car le Statut de Rome leur accorde un droit sans précédent, celui de The Presidency is responsible for the proper administration of the Court (apart from the Office of the Prosecutor). On 10 September 2018, John R. Bolton, in his first major address as U.S. National Security Advisor, reiterated that the ICC lacks checks and balances, exercises "jurisdiction over crimes that have disputed and ambiguous definitions," and has failed to "deter and punish atrocity crimes." In 1994, the ILC presented its final draft statute for the International Criminal Court to the General Assembly and recommended that a conference be convened to negotiate a treaty that would serve as the Court's statute. Pourquoi le monde a-t-il besoin d’une Cour pénale ? [28] However, in June 2020, the decision to proceed led Trump administration to power an economic and legal attack on the court. The factors listed in Article 53 considered for reasonable basis include whether the case would be admissible, and whether there are substantial reasons to believe that an investigation would not serve the interests of justice (the latter stipulates balancing against the gravity of the crime and the interests of the victims).[78]. [73][74], The Registry is responsible for the non-judicial aspects of the administration and servicing of the Court. La CPI est la première cour pénale internationale permanente créée pour contribuer à mettre fin à l'impunité des auteurs des crimes les plus graves qui touchent l'ensemble de la communauté internationale, à savoir les crimes de guerre, les crimes contre l'humanité, le génocide et le crime d'agression. This sort of an arrangement gives the ICC some of the advantages inhering in the organs of the United Nations such as using the enforcement powers of the Security Council, but it also creates a risk of being tainted with the political controversies of the Security Council. International Criminal Justice at the Crossroads, "Immunität und IStGH: Zur Bedeutung völkerrechtlicher Exemtionen für den Internationalen Strafgerichtshof", Justice for Victims before the International Criminal Court, The United States and the International Criminal Court, Averting Palestinian Unilateralism: The International Criminal Court and the Recognition of the Palestinian Authority as a Palestinian State, International Center for Transitional Justice, Criminal Justice page, United Nations website on the Rome Statute, The Coalition for the International Criminal Court. Rights of the accused are provided in Part 6, especially Article 67. Les dossiers de candidature doivent être adressés au Greffe de la Cour pénale internationale, Direction des Services non administratifs sous la responsabilité du Greffier, BP 19519, 2500 CM La Haye (Pays-Bas). "Universal Jurisdiction and the International Criminal Court". However, the more common abbreviation ICC is used in this article. [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. However, NGOs are also "sources of criticism, exhortation and pressure upon" the ICC. [50][51], The Judicial Divisions consist of the 18 judges of the Court, organized into three chambers—the Pre-Trial Chamber, Trial Chamber and Appeals Chamber—which carry out the judicial functions of the Court. This page was last edited on 17 December 2020, at 14:33.   Investigation pending authorization [18] The Review Conference led to the adoption of two resolutions that amended the crimes under the jurisdiction of the Court. "This cause … is the cause of all humanity ". The ICC has faced a number of criticisms from states and society, including objections about its jurisdiction, accusations of bias, questioning of the fairness of its case-selection and trial procedures, and doubts about its effectiveness. La Cour pénale internationale, dont le siège est à La Haye, aux Pays-Bas, était déjà controversée lors des négociations diplomatiques sur sa création en 1998 à Rome – et l’est encore aujourd’hui. Argentina, Canada, Chile, Colombia, Paraguay, and Peru jointly referred the situation in Venezuela I on 27 September 2018.