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1
Rosenne, Shabtai. "The Jurisdiction of the International Criminal Court." Yearbook of International Humanitarian Law 2 (December 1999): 119–41. http://dx.doi.org/10.1017/s1389135900000398.
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This article will review the jurisdiction of the new International Criminal Court (ICC) under the Rome Statute of 17 July 1998. Jurisdiction will be examinedratione personaeandratione materiae, including in each case its scoperatione temporis, concentrating on two separate aspects of jurisdiction as they appear in the Statute. These are jurisdiction to bring charges against an alleged offender and to bring that person to trial, and as a corollary, jurisdiction to detain or arrest an accused or suspected person. Given that it is early in the history of the Rome Statute, some consideration of other issues raised by the Statute is also necessary.
2
Arsanjani, Mahnoush H. "The Rome Statute of the International Criminal Court." American Journal of International Law 93, no. 1 (January 1999): 22–43. http://dx.doi.org/10.2307/2997954.
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The United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court (ICC) took place in Rome at the headquarters of the Food and Agriculture Organization from June 15 to July 17, 1998. The participants numbered 160 states, thirty-three intergovernmental organizations and a coalition of 236 nongovernmental organizations (NGOs). The conference concluded by adopting the Rome Statute of the International Criminal Court by a nonrecorded vote of 120 in favor, 7 against and 21 abstentions. The United States elected to indicate publicly that it had voted against the statute. France, the United Kingdom and the Russian Federation supported the statute.
3
Hall, Ian, and Renée Jeffery. "India, the Rome Statute, and the International Criminal Court." Global Governance: A Review of Multilateralism and International Organizations 27, no. 3 (September 29, 2021): 460–82. http://dx.doi.org/10.1163/19426720-02703001.
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Abstract Despite its long-standing rhetorical support for an international criminal justice regime, India continues to resist signing the 1998 Rome Statute that created the International Criminal Court. This article explores the reasons for this reluctance. It observes that during the negotiations that led to the Rome Statute, India voiced multiple objections to the design of the ICC, to how it was to function, and to the crimes that it was to address. It argues that analyzing the negotiating strategy India employed during those talks allows us to discern which reasons mattered more to New Delhi and what accounts for India’s ongoing refusal to sign the Rome Statute.
4
Hall, Christopher Keith. "The Sixth Session of the UN Preparatory Committee on the Establishment of an International Criminal Court." American Journal of International Law 92, no. 3 (July 1998): 548–56. http://dx.doi.org/10.2307/2997929.
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The Preparatory Committee on the Establishment of an International Criminal Court (Preparatory Committee or committee) held its sixth and final session from March 16 to April 3, 1998, at the United Nations headquarters in New York. At this session it completed its work of preparing a consolidated text of a statute for a permanent international criminal court (ICC) for adoption at a diplomatic conference in Rome held from June 15 to July 17, 1998. The consolidated text is considerably longer than the draft statute submitted by the International Law Commission to the UN General Assembly in July 1994 (ILC draft statute) and contains many different options submitted by states, but it is still largely consistent with the basic structure of the ILC draft statute.
5
Setiadji Putri, Bugivia Maharani, and Sefriani Sefriani. "The International Criminal Court Jurisdiction Towards The Deportation Issues In Myanmar." Yustisia Jurnal Hukum 10, no. 3 (December 23, 2021): 306. http://dx.doi.org/10.20961/yustisia.v10i3.54279.
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<p><em>This research aims to comprehensively analyze the International Criminal Court’s jurisdiction in adjudicating gross violations of human rights involving a non-party state of the 1998 Rome Statute and its application to the perpetrators of deportation against the Rohingya with Myanmar as the non-party state. The results showed that this jurisdiction can be implemented under three conditions, first, the crime is committed by nationals of a non-party state on the territory of a state party to the Statute. Second, the UN Security Council refers a situation to the International Criminal Court in its resolution. Third, through an ad hoc declaration that a non-party state of the Rome Statute accepts the International Criminal Court’s jurisdiction. Since the territorial jurisdiction of the International Criminal Court covers crimes that occur wholly or partly on the territory of a state party, it can be applied to the deportation against the Rohingya in Myanmar. This involved the fleeing of this ethnic group from attacks by the Government of Myanmar to Bangladesh, a state party to the 1998 Rome Statute</em></p>
6
Vedkal, V. A. "JURISDICTION OF THE INTERNATIONAL CRIMINAL COURT." Actual problems of native jurisprudence 3, no. 3 (June 2021): 183–88. http://dx.doi.org/10.15421/392170.
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The peculiarities of the jurisdiction of the International Criminal Court – a permanent judicial body established in accordance with the Rome Statute, adopted in 1998 – have been analized in the article. The objective and subjective features of “the most serious crimes of international significance”, such as genocide, crime against humanity, war crimes committed after July 1, 2002, have been studied. The conditions for the International Criminal Court to acquire jurisdiction over the crime of aggression, which it received on the basis of the Kampala Additions to the Rome Statute in 2010, have been considered. The necessity of expanding the jurisdiction of the International Criminal Court by conventional crimes, interpretation of war crimes, crimes against humanity is substantiated. Emphasis is placed on the fact that the International Criminal Court complements national judicial systems and joins when a state is unwilling or unable to initiate criminal proceedings. Such a system, based on the principle of complementarity, imposes on the state the obligation to prosecute those who have committed an international crime. The criteria for determining the measure of punishment and their forms are stated. It is concluded that the problematic issues of the court's functioning include the specification of the form of guilt of crimes falling under the jurisdiction of the International Criminal Court, the qualification of international crimes, the absence of international crimes of international terrorism, ecocide, crimes with biological weapons, the unwillingness of states to ratify the Rome Statute.
7
Kirsch, Philippe, and John T. Holmes. "The Birth of the International Criminal Court: The 1998 Rome Conference." Canadian Yearbook of international Law/Annuaire canadien de droit international 36 (1999): 3–39. http://dx.doi.org/10.1017/s0069005800006871.
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SummaryThe adoption of the Rome Statute of the International Criminal Court on July 17, 1998, was an historic achievement culminating decades of efforts to establish a permanent body to bring to justice those responsible for the most serious international crimes. The Bureau of the Committee of the Whole of the Conference played a leading role in forging the final package that was overwhelmingly endorsed by the Conference. In developing this package, the Bureau went to considerable lengths to consult delegations and members of civil society and to accommodate the concerns of the vast majority of participants at the Rome Conference. The Rome Statute is a carefully crafted instrument balancing complex legal and policy concerns and fully consistent with the norms and standards of international law. The successful outcome of the Rome Conference was due to the recognition that this balanced approach was timely and appropriate. The credit for the achievement of this seminal moment in history is shared by the commitment of a core group of states, the so-called Like-Minded Group, the dedication of a number of ministers and delegates to the goal, and the strong, vocal, and committed support of members of civil society.
8
Wulandari, Ria. "KEDUDUKAN BILATERAL IMPUNITY AGREEMENT (BIA)/NON SURRENDER AGREEMENT (NSA) TERHADAP STATUTA ROMA 1998." TANJUNGPURA LAW JOURNAL 2, no. 2 (February 11, 2020): 166. http://dx.doi.org/10.26418/tlj.v2i2.25801.
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The Rome Statute asserts that the ICC has jurisdiction over people (natural person). This affirmation is contained in article 25 (2) stating that persons committing offenses materially included in the ICC jurisdiction shall enter into individual criminal liability. Another article on the non-recognition of impunity is found in the provisions of article 33 of the Rome Statute stating that a person committing crimes covered by the Rome Statute on the basis of superior orders can not escape from criminal responsibility. But the 1998 Rome Statute has weak rules in article 98 paragraph 2 concerning cooperation concerning the release of immunity rights and consent to submit to which the treaty was made because of an existing SOFA agreement prior to the 1998 Rome Statute. The absence of impunity in the Rome Statute of 1998 has provoked a strong reaction from the United States. According to US, this non-impunity provision threatens its citizens, especially US troops who serve as peacekeepers or military cooperation with allies in various parts of the world. Therefore the United States uses the provisions of article 98 paragraph 2 to hold a number of bilateral agreements with various states stating that no citizen shall be an officer or former official, or any military personnel of any party which may be transferred or transferred by another State to the International Criminal Court for any purpose. This agreement became known as the Bilateral Implementation Agreement (BIA). Another term for this agreement is the NonSurrender Agreement (NSA). The BIA / NSA Agreement then becomes contradictory to the objective of the Rome Statute 1998 on impunity repudiation. If the BIA / NSA agreement is justified it will complicate the existence of the International Criminal Court.
9
Banjarani, Desia Rakhma, Febrian Febrian, Mada Apriandi Zuhir, and Neisa Angrum Adisti. "War Crimes In Humanitarian Law And International Criminal Law: The Urgency Of War Crimes Regulation In Indonesian Criminal Law." Fiat Justisia: Jurnal Ilmu Hukum 17, no. 2 (March 31, 2023): 109–32. http://dx.doi.org/10.25041/fiatjustisia.v17no2.2859.
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Indonesia has Law Number 26 of 2000 concerning the Human Rights Court or the Law on Human Rights Courts, similar to the Rome Statute. However, this law does not regulate war crimes, while the Rome Statute specifically regulates war crimes. Meanwhile, the perpetrators of war crimes must be tried at any time because those crimes do not know the expiration date. Meanwhile, the perpetrators of war crimes must be tried at any time because those crimes do not know the expiration date. It is the background of this research that the problem will be discussed: How are war crimes provisions in humanitarian law and international criminal law? Why do war crimes need to be regulated in Indonesian criminal law? This type of research is normative juridical research with a statute approach through qualitative descriptive analysis. The results of this study show that the regulation of war crimes is governed by humanitarian law and international criminal law. In humanitarian law, war crimes are regulated in the 1907 Hague Convention, the 1949 Geneva Convention, The Declaration on the Protection of Women and Children in Emergency 1974, and Additional Protocol II Geneva Convention 1977. Meanwhile, international criminal law regulates the responsibility of war crime perpetrators in the IMT Charter 1945, IMTFE Charter 1946, the 1993 ICTY Statute, the 1994 ICTR Statute, and the 1998 Rome Statute. The urgency of regulating war crimes in Indonesian law is due to four aspects: 1) Indonesia has ratified the 1949 Geneva Convention. 2) No regulations in Indonesia regulate war crimes, even in the 2023 Criminal Code. 3) Indonesia is part of the international community. 4) Law enforcement armed conflict cases in Indonesia is unresolved.
10
Bhagi, Arjun. "India’s Tryst with International Criminal Law: Why Delhi Cannot Digest the Roman Pasta?" Christ University Law Journal 3, no. 1 (June 1, 2014): 95–109. http://dx.doi.org/10.12728/culj.4.7.
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The Rome Statute of the International Criminal Court of
1998 (the statute) establishing the International Criminal
Court (ICC) seeks to provide an international criminal
law regime to deal with crimes against humanity. Despite
the path breaking structure of this statute, India has
refrained from being a signatory to it. This paper deals
extensively with India’s unhappiness over a universally
important and well drafted law like the Rome Statute.
This paper debates two major concerns of India with
respect to the statute: abuse of referrals by the Security
Council and the challenge to its sovereignty. It also
features an exhaustive discussion of India’s eagerness to
include terrorism and ‘use of nuclear warfare’ as crimes
under the statute. Based on an extensive legal research,
the author concludes that India must make no further
delay in becoming a member nation of thestatute.
11
Vigorito, Rosaria. "The Evolution and Establishment of the International Criminal Court (ICC)." International Journal of Legal Information 30, no. 1 (2002): 92–162. http://dx.doi.org/10.1017/s0731126500009719.
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On July 17, 1998, the world community voted on the Rome Statute for the International Criminal Court (ICC,) which, if ratified by 60 countries, would establish for the first time in history, a permanent international criminal tribunal. The outcome was an overwhelmingly favorable vote, with 120 countries voting in favor, 21 abstentions, and 7 countries, including the United States, against. The idea of an international criminal court appeared to be in the making.
12
Wanyama, Edrine. "Demystifying the Crime of Aggression: A Case for the International Criminal Court." Christ University Law Journal 2, no. 1 (February 22, 2013): 153–64. http://dx.doi.org/10.12728/culj.2.8.
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The crime of aggression forms one of the most
controversial parts of international law in contrast with
the need to protect national sovereignty of a given state
without undue interference. Even with the adoption of
the Rome Statute in 1998, the crime of aggression seems to
have been sidelined in favour of other matters of
international justice concerns that did not directly touch
the political status of the different states parties.
Jurisdictional issues concerning aggression were left
unresolved. The term „aggression‟ was nevertheless given
recognition in the year 2010 at a Review Conference of the
Rome Statute held in Kampala, Uganda, from 31 May to
11 June 2010. However, the concept still remains on paper
due to the postponement in establishing the jurisdiction
of the International Criminal Court till 2017. Currently,
only four states have signed and ratified the amendments
to the Rome Statute 1998 and they are to be enforced over
the next couple of years. This article gives an overview of
the crime of aggression. It examines some of the
contentious issues that may arise in relation to the crime
of aggression.
13
Robinson, Darryl. "Defining “Crimes Against Humanity” at the Rome Conference." American Journal of International Law 93, no. 1 (January 1999): 43–57. http://dx.doi.org/10.2307/2997955.
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On July 17, 1998, the UN Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court (Rome Conference) adopted the Rome Statute of the International Criminal Court (ICC). One of the many significant provisions of the ICC statute is Article 7, which defines “crimes against humanity” for the purpose of the ICC. A significant difference between the definition in the ICC statute and the major precedents on crimes against humanity is that the former definition was not imposed by victors (as were those in the Nuremberg and Tokyo Charters) or by the Security Council (as were those in the Statutes of the Yugoslavia and Rwanda Tribunals). In contrast, Article 7 was developed through multilateral negotiations involving 160 states. For this reason, one could reasonably expect Article 7 to be more detailed than previous definitions, given the interest of participating states in knowing the precise contours of the corresponding obligations they would be undertaking. For the same reason, one might expect the definition to be more restrictive than previous definitions. Fortunately, although the definition in the ICC statute is more detailed than previous definitions, it generally seems to reflect most of the positive developments identified in recent authorities. For example, the definition does not require any nexus to armed conflict, does not require proof of a discriminatory motive, and recognizes the crime of apartheid and enforced disappearance as inhumane acts.
14
Sarooshi, Danesh. "The Statute of the International Criminal Court." International and Comparative Law Quarterly 48, no. 2 (April 1999): 387–404. http://dx.doi.org/10.1017/s0020589300063247.
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The conclusion and adoption of the Statute of a permanent International Criminal Court2 (“Statute”) in Rome in July 19983 represent a turning point in the enforcement of legal norms regulating armed conflict. Th e Rom e Conference was the latest, and most important, chapter in a long saga concerning the broader issue of the conclusion and adoption of a Draft Code of Crimes against the Peace and Security of Mankind, an important part of which was the establishment of an international criminal court to try such crimes.4 The International Law Commission (ILC), the UN organ responsible for the preparation of the Code,5 decided to separate the two objectives and to proceed with the drafting of a statute for an international criminal court that was distinct from the Draft Code of Crimes: the ILC envisaged a court that would exercise jurisdiction in respect of crimes of international concern which existed as such in various treaties already in force.6 This approach is reflected in the provisions of the Statute adopted at Rom e concerning the jurisdiction of the Court, as explained below.7
15
Sitompul, Ariman. "War Crimes In Palestine From The Perspective Of The International Criminal Court (ICC)." International Asia Of Law and Money Laundering (IAML) 2, no. 4 (December 12, 2023): 158–62. http://dx.doi.org/10.59712/iaml.v2i4.72.
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The purpose of this study is to find out what becomes the main considerations of an entity recognized as a state by law war crimes from an International Criminal perspective Court (ICC) . Types of research used in this study is juridical normative, with the approach of legislation, case study, and historical approach. The results of this study Article 1 of the montevidio Convention states that there are four criteria that must be met by a new state to become a sovereign state, namely; the existence of a permanent population, Territory, government, and the capacity of the state as a support in relations with other countries. There is also a recognition of a state that is divided into two forms, namely de jure recognition and de facto, Palestine has been recognized de jure because in its practice as evidenced by conducting international agreements with several countries. The ICC has four types of jurisdiction: personal, criminal, temporal and territorial. Pleased that we can return to the automatic principle of locus delicti that Israel commits war crimes in the Palestinian territories and supported by the jurisdiction of the court, then the ICC is more than enough to judge Israel using the jurisdiction of the automatic principle contained the Rome statute of 1998. The unwilling and unable criteria can be extended by Article 13 of the 1998 Rome Statute, which states that the ICC has three powers to investigate international crimes, if there is a conviction that one or all of the parties committed international crimes in accordance with Article 5 of the 1998 Rome Statute.
16
Keith Hall, Christopher. "The First Five Sessions of the UN Preparatory Commission for the International Criminal Court." American Journal of International Law 94, no. 4 (October 2000): 773–89. http://dx.doi.org/10.2307/2589805.
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On June 30, 2000, at the conclusion of its fifth session, the Preparatory Commission for the International Criminal Court (Preparatory Commission or commission) completed the first phase of its work with the adoption of draft Elements of Crimes and Rules of Procedure and Evidence (Rules). The first five sessions took place from February 16 to 26, July 26 to August 13, and November 29 to December 17,1999, and from March 13 to 31, and J u n e 12 to 30, 2000.On July 17, 1998, the United Nations Conference of Plenipotentiaries on the Establishment of the International Criminal Court (Diplomatic Conference) had adopted the Rome Statute of the International Criminal Court (Statute). At the same time, it decided “to take all possible measures to ensure the coming into operation of the International Criminal Court without undue delay and to make the necessary arrangements for the commencement of its functions,” purposes for which it established the Preparatory Commission.
17
Galand, Alexandre Skander. "Security Council Referrals to the International Criminal Court as Quasi-Legislative Acts." Max Planck Yearbook of United Nations Law Online 19, no. 1 (May 30, 2016): 142–75. http://dx.doi.org/10.1163/18757413-00190006.
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In 1998, the international community decided to establish the first permanent International Criminal Court (ICC) with jurisdiction over persons for the most serious crimes of international concern, as referred to in the Rome Statute. As noted by many observers, some of the specific crimes within the Rome Statute are not grounded on customary international law but are more germane to treaty-based crimes. Thus, the exercise of treaty-based jurisdiction over non-party States would conflict with the principle pacta tertiis nec nocent nec prosunt. While the ICC jurisdiction is limited to crimes committed in the territory or by nationals of its States Parties, the Court may, where a situation is referred by the UN Security Council under Chapter VII of the UN Charter, exercise jurisdiction over crimes committed in the territory and by nationals of States not party to the Statute. Since the Rome Statute may go beyond existing applicable law, the referrals to the ICC are thus normative in their character. They impose new rules to be observed by any actors in the situations referred. This paper argues that this feature of a Security Council referral fits the definition of an international legislative act. The paper also inquires whether the obligation to cooperate fully with the Court arising from the Security Council resolution and the principle of complementarity require the State to modify its domestic law.
18
Bukuru, Jean-Batiste, and Aleksandr Solntsev. "The Issues of Legitimacy of the International Criminal Court in Its Relations with African Countries in the Sphere of Counteracting International Crimes." Russian Journal of Criminology 13, no. 2 (April 26, 2019): 332–39. http://dx.doi.org/10.17150/2500-4255.2019.13(2).332-339.
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The authors study the legitimacy of the establishment and work of the International Criminal Court (ICC) from the perspective of African countries. They point out that African countries initially supported the idea of creating the ICC and actively participated in its establishment and development. However, after the Court initiated investigations regarding the current President of Sudan Omar Al-Bashir and other African leaders (current President of Kenia Uhuru Muigai Kenyatta, its Vice-President William Samoei Ruto, former Head of the Great Libyan Arab Jamahiriya Muammar Gaddafi, the ex-President of Cote d’Ivoire Laurent Gbagbo, and others), the ICC began to lose its legitimacy in the eyes of most African leaders, who started to perceive it as a political instrument of Western countries. As a result, the African Union in its Resolutions (13 (XIII), 987 (XXIX), 952 (XXVIII) and others) called on African countries to stop cooperating with the ICC concerning warrants for the arrest of current officials and, finally, to totally withdraw from the Rome Statute of the ICC of 1998 because it believed that the Court is selective in its persecution of Africans only. Following this, three African countries (Burundi, the South African Republic and Gambia) announced in 2016 that they intend to withdraw from the Rome Statute. However, the South African Republic and Gambia did not do this due to internal political situation and pressure from the Western countries, and only Burundi withdrew from the 1998 Rome Statute on October 27, 2017. Besides, the African Union initiated the establishment of the International Criminal Chamber within its regional court — the African Court of Justice and Human Rights (Malabo Protocol of 2014); the authors believe it to be the reaction of the African countries to the activities of the ICC. Based on their research, the authors suggest reforming the International Criminal Court to ensure its independence and impartiality in fighting international crimes and impunity, as well as developing regional criminal justice in Africa.
19
Rakhmawati, Neni. "International Criminal Court Jurisdiction Against Human Rights Violations by Philippine President After Withdrawal from Rome Statute." Semarang State University Undergraduate Law and Society Review 3, no. 1 (January 20, 2023): 91–108. http://dx.doi.org/10.15294/lsr.v3i1.57091.
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Rodrigo Duterte who has ordered the police to execute drug addicts who do not want to be arrested. However, the assailant was still shot despite surrendering to arrest, the police on behalf of the anti-drug unit went to people's homes and did so because of the policy of "who gets killed, the police get paid". The crime that has been committed by Rodrigo Duterte under ICC jurisdiction is giving orders. to the police and the public to carry out extrajudicial killings of individuals involved in narcotics and to protect those who carry out their orders, so that Rodrigo Duterte is judged guilty and responsible in accordance with Article 25 paragraph 3 (b), (c), (d) the Rome Statute Crimes against humanity are among the criminal jurisdictions of the ICC. Although the Philippines withdrew from the Rome Statute, it did not prevent the International Criminal Court (ICC) from reviewing the case involving Philippine President Rodrigo Duterte. The Rome Statute provides for withdrawals, in particular article 127 , paragraphs (1) and (2) of the 1998 Rome Statute.
20
HAMULI KABUMBA, YVES. "L’élément politique des crimes contre l’humanité: État des lieux de la jurisprudence de la Cour pénale internationale." Canadian Yearbook of international Law/Annuaire canadien de droit international 52 (October 2015): 223–59. http://dx.doi.org/10.1017/cyl.2015.1.
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AbstractTo be characterized as a crime against humanity under Article 7 of the Rome Statute of the International Criminal Court (ICC), the acts listed must have been committed as part of a systematic or widespread attack in furtherance of a State or organizational policy. Both variants of the attack, that is to say its “systematic” or “generalized” nature are alternative requirements. However, some of the legal literature since the preparatory work to draft the Rome Statute of the International Criminal Court in 1998 considers that the requirement of a policy makes both variants cumulative, hence creating a conflict between Article 7(1) and Article 7(2) of the Rome Statute. The controversy over the content and the legal scope of the concept of policy is worsened by the absence of definitions of the notions of policy and systematic attack in the core legal texts of the ICC. What definition have Chambers of the ICC given to the notion of policy? What sources have Chambers relied on? Does ICC case law provide tools to avoid possible conflict between Article 7(1) and Article 7(2) of the Rome Statute? These are the issues this study attempts to examine.
21
Zulkarnain, Zulkarnain. "Implementation of Criminal Sanctions for Violators of International Crimes by the International Criminal Court." Lambung Mangkurat Law Journal 9, no. 1 (March 14, 2024): 1–12. http://dx.doi.org/10.32801/abc.v9i1.149.
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In enforcing International Humanitarian Law against violators of crimes that fall under the jurisdiction of the International Criminal Court (ICC) based on the 1998 Rome Statute and previous international crimes that were tried based on the Ad Hoc Court. Norms regarding enforcement mechanisms for International Humanitarian Law can be found in the Geneva Conventions of 1949 and two Additional Protocols I and II of 1977. Apart from that, they can also be found in provisions relating to ad hoc and permanent War Crimes Tribunals, such as the International Criminal Court (ICC). This International Court is a legal instrument that causes violations of international crimes to be said to be effective. To prove that in enforcing International Humanitarian Law, the International Court has tried and punished perpetrators of international crimes, for example, Herman Wihem Georing case through the Nurenburg court with sentenced to death, Matsue Iwane case that Tokyo Tribunal finished, Anto Furundzija case by Yugoslavia court (ICTY), Jean- Paul Akayesu by Ruwanda Tribunal (ICTR), Somalia and Sudan case in processing by ICC. Case of Israel committing war crimes in Gaza during the 2008-2009 period.
22
Mutua, Makau. "The International Criminal Court: Promise and Politics." Proceedings of the ASIL Annual Meeting 109 (2015): 269–72. http://dx.doi.org/10.5305/procannmeetasil.109.2015.0269.
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The International Criminal Court (ICC or Court) is an institution born of necessity after a long and arduous process of many false starts. The struggle to establish a permanent international criminal tribunal stretches back to Nuremberg. The dream, which was especially poignant for the international criminal law community, for a permanent international criminal tribunal was realized with the adoption in 1998 of the Rome Statute of the International Criminal Court. The treaty entered into force in 2002. Those were heady days for advocates and scholars concerned with curtailing impunity. No one was more ecstatic about the realization of the ICC than civil society actors across the globe, and particularly in Africa, where impunity has been an endemic problem. Victims who had never received justice at home saw an opportunity for vindication abroad. This optimism in the ICC was partially driven by the successes, however mixed, of two prior ad hoc international criminal tribunals—the International Criminal Tribunal for Rwanda and the International Criminal Tribunal for the Former Yugoslavia.
23
von Hebel, Herman, and Maria Kelt. "Some Comments on the Elements of Crimes for the Crimes of the ICC Statute." Yearbook of International Humanitarian Law 3 (December 2000): 273–88. http://dx.doi.org/10.1017/s1389135900000660.
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On 30 June 2000, the Preparatory Commission for the International Criminal Court (ICC) adopted by consensus the draft Elements of Crimes for the crimes of genocide, crimes against humanity and war crimes, as defined in Articles 6, 7 and 8 of the Rome Statute of the International Criminal Court (the Statute). Herewith, the Preparatory Commission fulfilled its mandate to elaborate such elements in accordance with the time-limit set out in resolution F of the Final Act, adopted by the Rome Conference on 17 July 1988.
24
Smith-van Lin, Lorraine. "Remarks by Lorraine Smith-van Lin." Proceedings of the ASIL Annual Meeting 114 (2020): 205–8. http://dx.doi.org/10.1017/amp.2021.75.
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The International Criminal Court (ICC) has come a long way since 1998 when the Rome Statute was first signed. Established as the only independent, permanent international court with jurisdiction over persons for the most serious crimes of international concern as well as a reparative mandate, the Court is a critical actor in the global fight against impunity for grave crimes. The Court's complementary jurisdiction gives primacy to states, limiting its intervention to demonstrated instances of inability or unwillingness by states to genuinely investigate and prosecute.
25
Kaul, Hans-Peter. "Construction Site for More Justice: The International Criminal Court After Two Years." American Journal of International Law 99, no. 2 (April 2005): 370–84. http://dx.doi.org/10.2307/1562503.
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The International Criminal Court (ICC) was officially opened in The Hague on March 11, 2003, in a special ceremony attended by Queen Beatrix of the Netherlands and United Nations secretary-general Kofi Annan. Less than four years after the historic breakthrough by the Diplomatic Conference of Plenipotentiaries in Rome on July 17, 1998, the Statute of the ICC had entered into force on July 1, 2002. The required number of sixty ratifications, which is laid down in Article 126, paragraph 1 of the Rome Statute, was reached much faster than for other comparable multilateral treaties and faster than had been expected by the global public. Secretary-General Annan attracted widespread attention when he observed that July 1, 2002, was a decisive landmark in breaking with the cynical worldview of people like Joseph Stalin, who is alleged to have remarked that while “a single death is a tragedy, a million deaths is a statistic.”
26
Roberge, Marie-Claude. "The new International Criminal Court: A preliminary assessment." International Review of the Red Cross 38, no. 325 (December 1998): 671–83. http://dx.doi.org/10.1017/s0020860400091555.
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After years of relentless effort and five weeks of intense and difficult negotiations, the Statute of the International Criminal Court (ICC) was adopted and opened for signature in Rome on 17 July 1998. This historic event represents a major step forward in the battle against impunity and towards better respect for international humanitarian law. For too long it has been possible to commit atrocities with total impunity, a situation which has given perpetrators carte blanche to continue such practices. The system of repression established by international law clearly has its shortcomings, and the time has come to adopt new rules and set up new institutions to ensure the effective prosecution of international crimes. A criminal court, whether at the national or international level, does not put a stop to crime, but it may serve as a deterrent and, consequently, may help reduce the number of victims. The results achieved in Rome should thus be welcomed, in the hope that the new Court will be able to discharge its mandate to the full.
27
Schabas, William A. "Canadian Implementing Legislation for the Rome Statute." Yearbook of International Humanitarian Law 3 (December 2000): 337–46. http://dx.doi.org/10.1017/s1389135900000684.
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Canada has been very much at the centre of the establishment of the International Criminal Court (ICC) since the momentum shifted in late-1994 from the International Law Commission (ILC) to more broadly representative bodies established by the General Assembly. It was Canada that chaired the ‘like-minded’, a group of states active during the several sessions of the Preparatory Committee and during the Diplomatic Conference in Rome from 15 June to 17 July 1998. The ‘like-minded’ were committed to invigorating the ILC's draft statute by enhancing the independence of the Prosecutor and trimming the sails of the Security Council. At Rome, Canadian diplomat Philippe Kirsch was elected chair of the Committee of the Whole, and he directed the intense negotiations throughout the five-week session. Kirsch crafted the final package of compromises that was submitted to the Conference at its close, on the morning of 17 July, and that succeeded in rallying the vast majority of delegations when put to a vote later that day. Since then, Kirsch and his team have presided over the ongoing work of the Preparatory Commission.
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Garkawe, Sam. "Victims and the International Criminal Court: Three major issues." International Criminal Law Review 3, no. 4 (2003): 345–67. http://dx.doi.org/10.1163/157181203322584350.
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AbstractThe Statute of the permanent International Criminal Court (the "ICC") agreed to in Rome in 1998 contains many provisions that deal with the specific concerns and rights of victims and survivors of the international crimes that the ICC will have jurisdiction over. It consolidates the work of the two ad hoc international criminal Tribunals (the former Yugoslavia and Rwanda) in this area, but also further enhances the role and rights of victims in a number of innovative ways. These three international criminal Tribunals thus collectively represent an important step forward in the recognition of the suffering and the position of victims and survivors of international crimes. This article will examine three main issues in relation to victims and the ICC. First, after identifying the protective measures for victims allowed at the discretion of the international criminal Tribunal for the former Yugoslavia, it will focus on the most controversial measure (which the ICC can also order) - the non-disclosure to the defence of the identity of witnesses. Does this protective measure violate a defendant's right to a fair trial? The Statute of the ICC also allows, for the first time in international criminal justice, for the right of victims to obtain their own legal representation, subject to the discretion of the ICC. The second issue is how is this going to work in practice in light of the fact that international crimes normally involve hundreds, if not thousands or even tens of thousands, of victims? And finally, while the ICC Statute provides for the possibility of reparations to victims, where will the money come from, and thus what are the chances of victims actually being able to receive compensation?
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Cholidah, Cholidah. "HYBRID COURT SEBAGAI ALTERNATIF PENYELESAIAN PELANGGARAN HAK ASASI MANUSIA." Jurnal Ilmiah Hukum LEGALITY 26, no. 1 (August 15, 2018): 61. http://dx.doi.org/10.22219/jihl.v26i1.6615.
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The establishment of the International Criminal Court (ICC) in 1998 provided a hope for certainty in resolving cases of international human rights crimes that occurred after the Rome Statute which formed the basis of this court ratification in 1998, the Non-Retroactive Principles adopted in the Rome Statute did not open this courtroom Human rights crimes that occurred before 1998, so that a new court model is needed to resolve human rights cases that occur namely the Hybrid Court Judicial model, also known as the Mixed Court model, seeks to combine national legal and judicial elements with the International. This Alternative Model is then chosen in resolving cases of human rights crimes that occurred in Sierra Leone and Cambodia, but given the different human rights crimes that occur, different approaches and models are needed in the formation of selected Hybrid Court Courts. So it needs to be explored about the urgency, the legal status of Hybrid Court formation, as well as the technical mechanisms of the trial, both Special Court for Sierra Leone and Extra Chamber Court of Cambodian/ECCC. The results of this study are first, the urgency of the formation of Hybrid Court is to fill the limitations of temporis jurisdiction from the ICC as an institution in prosecuting perpetrators of international crimes so as to close the impunity of perpetrators because the State can still try its citizens by using its domestic legal system without having to fully use the International mechanism. Second, Hybrid Court can be formed through agreements between the United Nations and the government of a country which is then used as a legal basis for the court, as implemented in Cambodia, besides that the formation of Hybrid Court can also be formed through national laws as applied in Sierra Leone.
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Cherviakova, Oksana, and Vladyslav Mekheda. "Violations of the laws or customs of war under military law: comparative analysis of international and internal legislation of Ukraine." Problems of Legality, no. 152 (March 29, 2021): 8–18. http://dx.doi.org/10.21564/2414-990x.152.223328.
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This paper addresses the question of the criminalization of war crimes, which are compared at the international and internal legislative level under military law. Considering current threats to the international legal order and security system, justice and defence sector actors, military lawyers and research fellows in military law are faced with the problems of the concept of responsibility for the most serious crimes in the world. The adoption of the Rome Statute of the International Criminal Court in 1998 raises the question of the internal legislation validity. The states Parties to International Criminal Court should revise the established conceptual approaches of responsibility for war crimes. The comparative analysis was made of the core and international military law.
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Melandri, Manuela. "The Relationship between State Sovereignty and the Enforcement of International Criminal Law under the Rome Statute (1998): A Complex Interplay." International Criminal Law Review 9, no. 3 (2009): 531–45. http://dx.doi.org/10.1163/157181209x457974.
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AbstractThis article explores the relationship between state sovereignty and the enforcement of international criminal law under the Rome Statute of the International Criminal Court. This doing, it attempts to map out the ambivalent and sometimes contradictory roles that different typologies sovereignty play in advancing or hindering the enforcement of international criminal law. After a brief survey of the literature on the debate over 'international law vs. state sovereignty', the paper focuses on one specific aspect of the newly established ICC: the conditions for case admissibility. The analysis will show that the relationship between state sovereignty and international criminal justice is a dynamic and complex one, which needs to be understood and contextualized within the current system of international relations.
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Hall, Christopher Keith. "The first proposal for a permanent international criminal court." International Review of the Red Cross 38, no. 322 (March 1998): 57–74. http://dx.doi.org/10.1017/s0020860400090768.
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On 15 June 1998, a diplomatic conference in Rome will open a five-week session to remedy one of the long-standing gaps in the implementation system for international humanitarian law by adopting a treaty to establish a permanent international criminal court. Although the current effort within the United Nations to set up a permanent court began half a century ago with a proposal in 1947 by Henri Donnedieu de Vabres, the French judge on the International Military Tribunal at Nuremberg, it is not widely known that the first serious such proposal appears to have been made more than a century and a quarter ago by Gustave Moynier, one of the founders, and longtime President, of the International Committee of the Red Cross. He wrestled with many of the same problems which will face the drafters of the statute at the 1998 diplomatic conference and the strengths and weaknesses of his proposal still have relevance today. This short essay describes that proposal and its origins, reviews the reaction to it of his contemporaries and its impact on subsequent history and concludes with an assessment of the merits of Moynier's plan.
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Dewi, Chloryne. "ICC and ASEAN: Weakening or Strengthening National Criminal Justice System?" PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) 06, no. 02 (August 2019): 407–26. http://dx.doi.org/10.22304/pjih.v6n2.a10.
Full textAbstract:
The objective of the establishment of the International Criminal Court by the Rome Statute 1998 is to achieve global justice. The spirit to end impunity established the ICC to respond to four previous criminal tribunals that have been criticized as victor’s justice and selective justice. The ICC has material jurisdiction on the four most serious crimes: crimes against humanity, genocide, war crimes, and crimes of aggression. These crimes can be committed in any part of the world, including Southeast Asia. The latest case was crimes against humanity that lead to genocide of the Rohingya people in Myanmar, not to mention extra judicial killings as a policy of drugs war and towards journalist in the Philippines. However, none of the case has been brought to justice. In view of that, this study examined challenges and opportunities toward the implementation of Rome Statute 1998 in Southeast Asia. Furthermore, it also observed possible impacts in implementing Rome Statute 1998 in Southeast Asia. The existing national legal instruments related to ICC can support the implementation of Rome Statute 1998 in Southeast Asia and achieve the objective of ICC to end impunity and to reach global justice. Nevertheless, challenges come from the governments of Southeast Asian states. They are reluctant to bring justice and fear that ICC can violate national sovereignty. Interestingly, the Philippines just withdrew itself as a state party to ICC since 2018. Based on the basic principle of complementarity, the ICC is proposed to strengthening national criminal justice of a state. Therefore, the ICC should not be considered as a threat to national sovereignty of a state.
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Dewi, Chloryne. "ICC and ASEAN: Weakening or Strengthening National Criminal Justice System?" PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) 06, no. 02 (August 2019): 407–26. http://dx.doi.org/10.22304/pjih.v6n2.a10.
Full textAbstract:
The objective of the establishment of the International Criminal Court by the Rome Statute 1998 is to achieve global justice. The spirit to end impunity established the ICC to respond to four previous criminal tribunals that have been criticized as victor’s justice and selective justice. The ICC has material jurisdiction on the four most serious crimes: crimes against humanity, genocide, war crimes, and crimes of aggression. These crimes can be committed in any part of the world, including Southeast Asia. The latest case was crimes against humanity that lead to genocide of the Rohingya people in Myanmar, not to mention extra judicial killings as a policy of drugs war and towards journalist in the Philippines. However, none of the case has been brought to justice. In view of that, this study examined challenges and opportunities toward the implementation of Rome Statute 1998 in Southeast Asia. Furthermore, it also observed possible impacts in implementing Rome Statute 1998 in Southeast Asia. The existing national legal instruments related to ICC can support the implementation of Rome Statute 1998 in Southeast Asia and achieve the objective of ICC to end impunity and to reach global justice. Nevertheless, challenges come from the governments of Southeast Asian states. They are reluctant to bring justice and fear that ICC can violate national sovereignty. Interestingly, the Philippines just withdrew itself as a state party to ICC since 2018. Based on the basic principle of complementarity, the ICC is proposed to strengthening national criminal justice of a state. Therefore, the ICC should not be considered as a threat to national sovereignty of a state.
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Dibu, Worku, and Abtewold Moges. "Assessment of the International Criminal Court’s Prosecutor Role in Darfur Crisis, Sudan (the case of Omer Al-Bashir)." International Journal of Multicultural and Multireligious Understanding 6, no. 3 (August 27, 2019): 1034. http://dx.doi.org/10.18415/ijmmu.v6i3.995.
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In various countries throughout the world when rebel groups make an attack on innocent civilian and commit gross human rights violation, it is not punishable by the national courts. However, in 1998 a grounding breaking idea turned into reality, and 50 years of debate ended as the first International Criminal Court was established as a result of the Rome Statute. The Court entertains or investigates different crimes which are committed in its member’s sates across the world. However, the writers of this paper prefer the situation in Darfur; the case of Al Basher is selected as a context to discuss the role of the ICC Prosecutor. This is mainly preferred because Sudan has been the first situation referred by the Security Council since the ICC was established and the state concerned Sudan is not a party to the Rome Statute, therefore this situation has its particularities compared with others. In spite of this a lot of controversies and misconceptions are being witnessed on the understandings and implementation of international laws in Africa between ICC and African leaders. Basically, the controversy and misconception is not something emanates from the vacuum rather they are generated from various prevailing thoughts. African states accuse ICC as a neo colonialist institution targeting African leaders in addition to alleging ICC as playing double standard role in African and the rest of the world for instance ICC prosecution till now only in Africa in spite of Israel-Palestine and Afghanistan where the western countries have major interest from the conflict. Hence, the analysis of role the International Criminal Court’s Prosecutor in Darfur Crisis, Sudan (the case of Omer Al-Bashir) is centered in line with main objective of the establishing Rome Statue in July 2002 which thrives that all member states of UN have to have the same standard in their respective territories.
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Khairullah, Muchammad Nur Imani, and Joko Setiyono. "Penegakan Hukum Statuta Roma Terhadap Non-state party Dalam Kejahatan Genoside Studi Kasus Etnis Uighur di Xinjiang." JURNAL USM LAW REVIEW 6, no. 3 (November 15, 2023): 957. http://dx.doi.org/10.26623/julr.v6i3.6757.
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<p><em>The purpose of this study is to find out cases of violations of genocide crimes against humanity committed by China against ethnic Uighurs and how the law enforcement of the 1998 Rome Statute against China as a non-state party. Human rights are inherently inseparable from the history of human life. Crimes against humanity committed by the state occurred in the Xinjiang region due to China's strike hard campaign policy against the ethnic Uighur community. However, China is not a ratifying country of the 1998 Rome Statute, which causes the International Criminal Court (ICC) to be unable to assert its jurisdiction. This research uses a normative juridical approach with an element of novelty in the form of an analysis of the application of the jurisdiction of the ICC to non-state parties. The result of the research is that there are other rules in the 1998 Rome Statute that allow the</em><em> ICC </em><em> </em><em>to have jurisdiction over non-state parties. The real challenge lies in law enforcement because China is a member of the UNSC which has the power to use the veto right which can cancel decisions, provisions, draft regulations and laws or resolutions. It is necessary to review the rules because it does not rule out the possibility that UNSC countries can commit similar crimes in the future.</em></p><p> </p><p>Tujuan penelitian ini untuk mengetahui kasus pelanggaran kejahatan kemanusiaan genosida yang dilakukan oleh Tiongkok terhadap etnis Uighur dan bagaimana penegakan hukum dari Statuta Roma 1998 terhadap Tiongkok sebagai negara <em>non-state parties. </em>Hak asasi manusia memiliki sifat <em>inherent</em> tidak dapat dipisahkan dari sejarah kehidupan manusia. Peristiwa kejahatan kemanusiaan yang dilakukan oleh negara terjadi di wilayah Xinjiang dari adanya kebijakan <em>strike hard campaign</em> yang dilakukan Tiongkok terhadap masyarakat etnis Uighur. Namun Tiongkok tidak termasuk negara peratifikasi Statuta Roma 1998 yang menyebabkan<em> International Criminal Court</em> (ICC) tidak dapat menyatakan yuridiksi nya. Penelitian ini menggunakan metode pendekatan yuridis normatif dengan unsur kebaharuan berupa analisa dari penerapan yuridiksi <em>International criminal court</em> (ICC) terhadap <em>non-statets parties</em>. Hasil dari penelitian terdapat aturan lain didalam Statuta Roma 1998 yang memungkinkan ICC memiliki yuridiksi terhadap <em>non-state parties</em>. Tantangan sesungguhnya terletak didalam penegakan hukum dikarenakan Tiongkok merupakan anggota DK-PBB yang memiliki <em>power</em> dalam penggunaan hak veto yang dapat membatalkan keputusan, ketetapan, rancangan peraturan dan undang-undang atau resolusi. Perlu adanya peninjauan kembali aturan tersebut karena tidak menutup kemungkinan negara DK-PBB dapat melakukan kejahatan serupa dikemudian hari.</p><p><strong>Kata kunci: </strong>Hak Asasi Manusia; Statuta Roma 1998; Tiongkok</p><p> </p><p align="center"><strong><em>Abstract</em></strong></p><p align="center"><strong><em> </em></strong></p><p> </p><p><strong><em>Keywords:</em></strong><em> </em></p>
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Sujadmiko, Bayu, Desia Rakhma Banjarani, Rudi Natamiharja, and Desy Churul Aini. "Does International Criminal Court have Jurisdiction over the Destruction of Cultural Property by the Islamic State of Irac and Syria?" Jurnal Magister Hukum Udayana (Udayana Master Law Journal) 10, no. 2 (July 30, 2021): 200. http://dx.doi.org/10.24843/jmhu.2021.v10.i02.p01.
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The cultural property becomes objects of destruction in armed conflicts, such as Syria and Iraq, which were carried out by ISIS squads (Islamic State of Iraq and Syria). For ISIS’s actions, the ICC should judge ISIS. However, new problems will arise regarding the jurisdiction of the ICC to judge ISIS. Based on the explanation of this background, the question will arise: How are humanitarian law regulations related to protecting cultural property during armed conflict? And what is the regulation of the ICC’s jurisdiction over the protection of cultural property in armed conflict by ISIS? The research in this article is normative legal research with the statue approach. According to humanitarian law, the research results show that the regulations relating to the protection of cultural property during armed conflict are contained in the 1954 Hague Convention, Additional Protocol I and Additional Protocol II of the Geneva Conventions of 1977. The destruction of cultural property carried out by ISIS is included in war crimes, one of the Rome Statute material jurisdictions. In this case, the Rome Statute applied by the ICC has juridical power to uphold justice and punish, including war crimes committed by ISIS. For the destruction of various cultural property in Iraq and Syria, ISIS can be judge by the ICC through a referral by the UN Security Council based on the provisions stipulated in the 1998 Rome Statute.
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Roach, Steven C. "Arab States and the Role of Islam in the International Criminal Court." Political Studies 53, no. 1 (March 2005): 143–61. http://dx.doi.org/10.1111/j.1467-9248.2005.00521.x.
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This article assesses the various disagreements between Arab and western states that surfaced at the 1998 Rome Conference and Preparatory Commission. It also discusses the relationship between state repression and cultural adaptation by examining the undeveloped domestic criminal systems of Arab states and the ambiguous role played by shariah (Islamic law) in the constitutions of many of them. It argues two main points: that more mutual accommodation will be needed to resolve these and future conflicts between Islamic and international law; and that such conflicts between the ICC and Arab states expose the need for further cultural adaptation to the ICC Statute. It is out of this process of cultural adaptation that the relationship between Islam and serious international crimes will evolve.
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Rostow, Nicholas. "The International Criminal Court, Aggression, and Other Matters: A Response to Koh and Buchwald." AJIL Unbound 109 (2015): 230–34. http://dx.doi.org/10.1017/s2398772300001501.
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This essay, stimulated by themes discussed by Harold Koh and Todd Buchwald, examines the International Criminal Court (ICC) and the amendment to the 1998 Rome Statute to include the crime of aggression within the ICC’s jurisdiction. The definition adopted in Kampala in 2010 is too long to quote in full but merits careful examination. For example, it states that the “‘crime of aggression’ means the planning, preparation, initiation or execution, by a person in a position effectively to exercise control over or to direct the political or military action of a State, of an act of aggression which, by its character, gravity and scale, constitutes a manifest violation of the Charter of the United Nations.” It then adopts large swaths of UN General Assembly Resolution 3314 (XXIX) of 1974—the definition of aggression—as its own. Commentators recognized problems with the 1974 definition at the time. The post-Kampala Rome Statute purports to achieve objectivity with respect to aggression through removal of everything having to do with context and the totality of the circumstances. These matters surely should be—and must be—of central importance not only to nonparties but also to the parties to the Rome Statute. The fact that they are absent forms the raison d’être of this essay. Because the ICC is a permanent body, able to take jurisdiction of ongoing problems, its actions may have significant implications for world public order.
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McCoubrey, Hilaire. "From Nuremberg to Rome: Restoring the Defence of Superior Orders." International and Comparative Law Quarterly 50, no. 2 (April 2001): 386–94. http://dx.doi.org/10.1093/iclq/50.2.386.
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A plea of superior orders in response to charges founded upon violations of the international laws of armed conflict has since 1945 been treated as a plea in mitigation of sentence rather than as a defence, a position founded upon article 8 of the 1945 Charter of the International Military Tribunal at Nuremberg. In 1998 the draft Statute of the proposed permanent International Criminal Court appeared, by article 33, to “restore” superior orders as a defence, a move deprecated by some as an apparent softening of the international legal approach to war crimes in an age in which such violations are all too prominently before the world's scrutiny. In fact both the formerly received “Nuremberg” doctrine and the appearance of a radical change, or reversion, in the 1998 Statute can be argued to be erroneous. It is the contention of this paper that far from advancing a new and stricter doctrine, the Charter of the IMT at Nuremberg correctly applied pre-existing doctrine in extreme and unusual circumstances but was mistakenly taken to have developed a new approach which was then applied with potentially distorting effect for the generality of circumstances. In this view the 1998 Statute has merely recognised the essential doctrine of superior orders as it existed prior to 1945 and which, properly understood, should not have been thought essentially to have been changed even in 1945.
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Lukin, Annabelle. "How international war law makes violence legal." Language, Context and Text 2, no. 1 (January 29, 2020): 91–120. http://dx.doi.org/10.1075/langct.00022.luk.
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Abstract Some international law scholars have argued that international war law, rather than proscribing violence in war, has instead been a vehicle for its legitimation. Given that laws are constituted in and through language, this paper explores this paradox through register analysis of the text of the Rome Statute, an international treaty adopted in 1998 which established the International Criminal Court to prosecute the crimes of “genocide”, “crimes against humanity”, “war crimes” and “crimes of aggression”. The parameters of field, tenor and mode are considered in conjunction with a brief account of linguistic features of Article 8 of the Rome Statute, which defines the scope of the term “war crimes”. The linguistic patterns provide evidence that the Rome Statute simultaneously outlaws some acts of violence while affording legal cover for others, despite their well-known devastating human consequences. The analysis provides linguistic evidence for Malešević’s (2010) claim that at the heart of modernity lies an “ontological dissonance”, through which we criminalise some forms of violence while legitimating others.
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Bunga, Dewi, and Dewi Bunga. "TERMINOLOGI KEJAHATAN DALAM HUKUM PIDANA INTERNASIONAL." Jurnal Aktual Justice 3, no. 1 (June 20, 2018): 1–12. http://dx.doi.org/10.47329/aktualjustice.v3i1.440.
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The globalization of crime incised a social reality where crimes can be committed across national borders and have an impact not only on the people of a country, but on the international community. Theoretically, there are several terms that are known to describe acts which are called crimes under international law, namely international crimes, transnational crimes, and national crimes with international dimensions. International crimes are crimes that threaten both directly and indirectly to international peace and security, affect many countries and have universal jurisdiction. The qualification of international crimes refers to crimes regulated in the Rome Statute of the International Criminal Court (Rome Statute circulated as document A / CONF.183 / 9 of 17 July 1998), namely crimes of genocide; crimes against humanity; war crimes; and crime of aggression. Transnational crimes are transnational crimes regulated in international conventions.
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Sieto, Gabriel, and Wisnu Ario Dewanto. "Analisis Tindakan Juan Evo Morales yang Memerintahkan Pendukungnya untuk Menghalangi Bantuan Covid-19 bagi Masyarakat Bolivia Ditinjau dari Statuta Roma 1998." Jurnal Magister Hukum ARGUMENTUM 9, no. 2 (December 23, 2023): 177–92. http://dx.doi.org/10.24123/argu.v9i2.6042.
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Crimes against humanity are one of the four most serious international crimes regulated by the 1998 Rome Statute. Where individuals who commit them can be put on trial at the International Criminal Court (ICC) according to their jurisdiction. Currently, the State of Bolivia is receiving international attention due to allegations of crimes against humanity committed by the former president of the State of Bolivia himself. Juan Evo Morales, former President of the State of Bolivia has ordered his supporters to block or close the entry of covid-10 aid for the people of Bolivia. The goal is to cause suffering and misery for the people of Bolivia in the midst of the Covid-19 Pandemic, with full awareness that this Pandemic can impact/cause death to the Bolivians. By looking at the Rome Statute of 1998 and the jurisdiction owned by the ICC, Juan Evo Morales has committed Crimes Against Humanity and the ICC has the authority put Juan Evo Morales on trial. The research method used is Normative Legal, with Statute and Conceptual Approach. The results of the research show that the actions of Juan Evo Morales Morales, who ordered his supporters to obstruct the entry of Covid-19 aid for the people of Bolivia, is a crime against humanity in accordance with Article 7 paragraph (1) letter (k) of the 1998 Rome Statute and fulfills the jurisdiction of ICC.
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Dian Laksmi Dewi, Cokorda Istri. "REGULASI PENDAFTARAN MEREK INTERNASIONAL DALAM UNDANG-UNDANG REPUBLIK INDONESIA NOMOR 20 TAHUN 2016 TENTANG MEREK DAN INDIKASI GEOGRAFIS." Jurnal Aktual Justice 3, no. 1 (June 20, 2018): 68–77. http://dx.doi.org/10.47329/aktualjustice.v3i1.455.
Full textAbstract:
The globalization of crime incised a social reality where crimes can be committed across national borders and have an impact not only on the people of a country, but on the international community. Theoretically, there are several terms that are known to describe acts which are called crimes under international law, namely international crimes, transnational crimes, and national crimes with international dimensions. International crimes are crimes that threaten both directly and indirectly to international peace and security, affect many countries and have universal jurisdiction. The qualification of international crimes refers to crimes regulated in the Rome Statute of the International Criminal Court (Rome Statute circulated as document A / CONF.183 / 9 of 17 July 1998), namely crimes of genocide; crimes against humanity; war crimes; and crime of aggression. Transnational crimes are transnational crimes regulated in international conventions.
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Rahman, Adnan, Amar Jahangir, and Syed Mudasser Fida Gardazi. "The Criminal Acts Perpetrated during Jammu Massacre, 1947: An International Law Perspective." Global Legal Studies Review VI, no. I (March 30, 2021): 96–104. http://dx.doi.org/10.31703/glsr.2021(vi-i).14.
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The Dogra Forces of the erstwhile princely state of Jammu and Kashmir, with the support of the extremist armed groups of Hindus and Sikhs, perpetrated various criminal acts during Jammu Massacre,1947. A huge number of Muslims were killed, raped, maimed, and tortured, and thousands were forced to migrate to Pakistan in critical conditions. The massacre generally and nature, threshold, and scope of the seacts are retrospectively analyzed, to the extent of Genocide Convention, 1948 and Rome Statute of International Criminal Court, 1998, by the review of existing literature. The study suggests few viable and effective legal redressals under international law to the victims of the Jammu Massacre, including refugees and the living generations of the killed persons. The work is somehow useful and relevant for future studies around the multifarious nature and aspects of the criminal acts similar to the acts of Perpetrators involved in the Jammu Genocide.
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Jalloh, Charles Chernor. "Reflections on the Indictment of Sitting Heads of State and Government and Its Consequences for Peace and Stability and Reconciliation in Africa." African Journal of Legal Studies 7, no. 1 (May 7, 2014): 43–59. http://dx.doi.org/10.1163/17087384-12342040.
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Abstract In these remarks, the author considers the most recent challenge to the application of international criminal justice in Africa: Kenya’s controversial November 2013 proposal to amend the Rome Statute of the International Criminal Court to temporarily exempt from prosecution sitting presidents accused of involvement with international crimes. He examines several legal and practical reasons why such a proposal is untenable. Instead, citing the principle of complementarity and urging the principled use of judicial and prosecutorial discretion, he contends that much of the African Union’s current concerns about the Kenya Situation can be addressed within the confines of existing Rome Law. This is important because, even if it is possible for African countries to secure amendments to the Rules of Procedure and Evidence, African States Parties are unlikely able to secure the global consensus required to effect substantive amendments to the 1998 treaty. On the other hand, the author suggests that the International Criminal Court officials, especially the judges and the chief prosecutor, can help bridge the apparent gap between the Court and its African supporters. Towards that end, they should consider taking a more flexible and more nuanced approach to their interpretations and application of several important provisions contained in their founding statute. Eschewing a one-size fits all approach, it is submitted that each African situation is unique – both in the scope of the problem, and in the solution required in the necessary fight against impunity in Africa.
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Garkawe, Sam. "The Victim-Related Provisions of the Statute of the International Criminal Court: A Victimological Analysis." International Review of Victimology 8, no. 3 (September 2001): 269–89. http://dx.doi.org/10.1177/026975800100800303.
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The 1998 Rome agreement to create a permanent International Criminal Court (the ‘ICC’) is a significant psychological advance in the fight against impunity for those who perpetrate massive violations of human rights. It has also been said to be an important step forward in the recognition of the suffering and the rights of the victims and survivors of the international crimes that are defined in the Statute of the ICC. This article will critically analyse from a victimological perspective the provisions of the Statute of the ICC that directly concern such victims. These provisions can be rouped into those that allow for victim participation into pre-trial and trial decisions, victim support and protection, and victim reparation. The conclusion to the article suggests that while the terms of the Statute are clearly an advance for victims, there are a number of concerns that in practice may undermine the usefulness of the ICC from a victimological perspective. Like all measures that promise benefits for victims, they must be carefully implemented and their use continually evaluated through proper scientific research on victims' experiences.
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Dörmann, Knut. "The First and Second Sessions of the Preparatory Commission for the International Criminal Court." Yearbook of International Humanitarian Law 2 (December 1999): 283–306. http://dx.doi.org/10.1017/s1389135900000465.
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The adoption of the Statute of the International Criminal Court in July 1998 in Rome was the culmination of years of effort by the international community. Under Article 126, the Statute will enter into force once it is ratified by 60 states. As many states will have to enact national legislation or even change their constitutions before ratification to comply with the obligations of the Statute, the required number of ratifications will probably not be reached in the short term.Besides, a number of tasks still remain to be undertaken by states, as indicated in the Statute itself, namely, drafting of a document called ‘Elements of Crimes’ (EOC), drafting of the Rules of Procedure and Evidence (RPE) and reaching agreement on the definition of the crime of aggression. Therefore, the UN General Assembly has mandated a Preparatory Commission (PrepCom) to prepare draft texts of the RPE and EOC and proposals for a provision on aggression, including its definition, elements and the conditions under which the International Criminal Court (ICC) shall exercise its jurisdiction with respect to this crime. The drafts of the EOC and RPE must be finalized by 30 June 2000, when they should be formally adopted. The definition of aggression does not have to be agreed on until the first review conference seven years after the entry into force of the Statute. In addition to these tasks, which this article will describe in greater detail, the PrepCom will work on a relationship agreement between the Court and the United Nations, basic principles governing a headquarters agreement and financial regulations and rules.
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Indriati, N., Wismaningsih a, and Danial b. "SEXUAL SLAVERY OF CHILDREN AS A WAR CRIME IN INTERNATIONAL CRIMINAL PERSPECTIVE." International Journal of Advanced Research 8, no. 10 (October 31, 2020): 1171–76. http://dx.doi.org/10.21474/ijar01/11949.
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Child is a creature from God Almighty who needs to be protected by self-esteem and his dignity and is guaranteed for the right of his life to grow and develop according to his natural fate. Any form of treatment that interferes and impairs the fundamental rights in various forms of unauthorized utilization and exploitation must be discontinued without exception.This is a normative juridical research. The method of the research is statute approaches, that is analyzing sexual slavery in children as war crime, because many cases of completion can be done through international criminal court.The results showed that child is vulnerable to any crime of its form at his ag, and one of the war crimes is child sexual slavery, which are not a few children became victims. In international criminal law is known the term of individual responsibility, which means that the perpetrators of criminals either commander or soldier can be tried in the International Criminal Court established by Rome Statuteof 1998.
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Christmas, Sandy Kurnia. "Impact of Withdrawal State Parties in 1998 Rome Statute of the Existence of International Criminal Court." Nagari Law Review 4, no. 1 (October 30, 2020): 28. http://dx.doi.org/10.25077/nalrev.v.4.i.1.p.28-37.2020.
Full textAbstract:
The International Criminal Court is an international criminal justice institution established in the context of struggle against impunity. Eighteen years of operation of the ICC since 2002, ICC experienced a case where the state it one by one withdraw from membership, such as South Africa, Burundi, Gambia and the Philippines, which is due to the inclusion of ICC investigations related to these state as well as several reasons related to the existence of discriminatory ICC judicial operations patterns. What is the implementation of ICC legal norms by state parties, and how the impact on the existence of ICC is what will be discussed in this study. The research method used is Socio-Legal Research, which examines the relationship between juridical and political aspects. The results of this study conclude some evidence related to the implementation of ICC legal norms by withdrawing party states, such as the background to ratifying the Rome Statute 1998, the implementation of the law, and the reasons for withdrawing the country, as well as some juridical and political impacts affecting the existence of the ICC.