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Documents Rome Statute of the International Criminal Court (November 1998)
This is the full text of the Rome Statue governing the ICC’s operations, establishment and jurisdiction.
Signatures and Ratifications
In a landmark decision, the Security Council has voted to refer perpetrators of human rights abuse in Sudan’s Darfur region to the International Criminal Court (ICC), bringing an end to a long-standing discussion between Council members and overcoming the threat of a US veto. The adoption of Resolution 1593 importantly marks the first time the Security Council has referred a case to the ICC. But critics complain that the decision to exempt “States not Party to the Rome Statute” from compliance creates dangerous double standards, and amounts to no more than a trade-off in return for Washington’s vote.
The US convinced the UN Security Council to adopt resolution 1422, which granted a twelve-month immunity from the ICC to all UN peacekeeping personnel from states that are not parties to the Rome Statute. The document challenged the ICC, as it imposed a "double-standard" damaging to the Court ’s credibility. The Security Council renewed this immunity-resolution in 2003, but Washington failed to gather the necessary support in 2004.Report of the ICC to the General Assembly (August 1, 2005)
The International Criminal Court (ICC) has submitted its report to the 59th General Assembly. Representatives from the ICC detailed the work done between 2003-2005, and provided insights into the future of the Court.
Analysis
This Peace and Conflict Monitor essay analyzes the differences in the jurisdiction of the International Criminal Court and the jurisdictions of the International Criminal Tribunals for Rwanda and Yugoslavia.Saddam Hanging Boosts Case for International Criminal Court (January 6, 2007)
According to this Inter Press Service article, the International Criminal Court could have “averted the numerous flaws” that marked the Iraq Tribunal’s criminal proceedings against Saddam Hussein. Instead, the US – a staunch ICC opponent as well as the main occupying power in Iraq – played a big role in setting up the special court, whose legitimacy and neutrality often came into question. The author argues that the widely-criticized judicial process in the former Iraqi dictator’s case highlights the need for an international forum to deliver justice.Who Guards the Guards? The International Criminal Court and Serious Crimes Committed by Peacekeepers in Africa (February 2006)
This paper addresses civilian abuse at the hands of UN peacekeepers, and it asks whether the ICC can play a role in their prosecution. The authors conclude that the role of the ICC itself will be marginal as it has limited jurisdiction, and the court is meant as a complement to national jurisdictions. However, the authors hope that the very existence of the ICC will encourage domestic institutions to “prosecute all those guilty of international crimes, including peacekeepers.” (Institute for Security Studies)Justice Now, and for Posterity (October 14, 2005)
Richard Goldstone, a former justice of the Constitutional Court of South Africa, points out that the International Criminal Court serves a higher purpose, beyond bringing human rights violators to justice. In Nuremberg, and the International Criminal Tribunals for Rwanda and for Yugoslavia, legal investigators seeking to prosecute war criminals also succeeded in establishing an accurate record of events that may otherwise have escaped full historical notice. The ICC is thus important in ensuring that justice is served in the present, and that facts are collected to prevent future bloodshed. (International Herald Tribune)The Hague Takes On the Sudanese Blood Bath (August 22, 2005)
If the individuals working at the International Criminal Court (ICC) succeed in bringing peace and justice to Darfur, they have an unprecedented opportunity to cement the legitimacy of the world body. The German publication Der Spiegel explores this opportunity, as well as the history and potential future of the ICC, through interviews with the key players in charge of various aspects of the Darfur investigation.The Trials of Global Justice (June 15, 2005)
This openDemocracy piece analyzes “transitional justice” – the idea that applying justice to those in former governments who committed war crimes will “help heal divided societies.” The author pays special attention to the relationship between the International Criminal Court and national judicial systems, and evaluates their role in long-term stability.The Meaning of “The Interests of Justice” (June 2005)
Article 53 of the International Criminal Court’s Rome Statute stipulates that in certain cases, “an investigation would not serve the interests of justice.” This Human Rights Watch paper argues for the adoption of specific guidelines on the meaning of the phrase in order to ensure that the institution operates with transparent and egalitarian principles.In Uncharted Waters: Seeking Justice Before the Atrocities Have Stopped (June 2004)
This report analyses the role and effectiveness of the International Criminal Court’s (ICC) investigations in Uganda and the Democratic Republic of Congo. The report concludes that the ICC could play a positive role in resolving ongoing conflicts while fostering the rule of law and promoting social justice. (Citizens for Global Solutions)A Big Step Forward to International Justice (December 2003)
Two models of international relations, the traditional "Grotian" and the new "Kantian" model, are competing for primacy in the international community. Antonio Cassese, the first President of the International Criminal Tribunal for the Former Yugoslavia, sees the International Criminal Court as a significant step towards the Kantian model. (Crimes of War)Victims' Guide to the International Criminal Court (June 26, 2003)
Reporters Without Borders and Network Damocles provide a comprehensive guide for victims of human rights violations seeking justice through the ICC.Where Will ICC Strike First? (March 14, 2003)
The International Criminal Court only needs to find a suitable prosecutor to begin hearings later this year. This article discusses cases that the ICC is likely to take on in its initial stages. (Institute for War and Peace Reporting)On the Legitimacy of the International Criminal Court (March 7, 2003)
This article questions the legitimacy of the International Criminal Court. The author claims that the elected judges’ beliefs don’t cover a broad enough political spectrum. Furthermore, the Rome Statute’s general language allows them too much latitude to ‘create’ law in line with these beliefs. (Wall Street Journal)New Court Dogged By Uncertainty (January 31, 2003)
The ICC may have many cases when it begins proceedings including possible actions against leaders of the Ivory Coast conflict. The court has many problems to address first though, including its meager budget and finding a suitable prosecutor. (Institute for War and Peace Reporting)
Articles 2008 |2007 | 2006| 2005| 2004| 2003 2008
DRC/ICC: New War Crimes Suspect Arrested (February 7, 2008)
Mathieu Ngudjolo Chui, a militia leader in the Ituri district of the Democratic Republic of the Congo, is the ICC’s third suspect in custody as of the beginning of February 2008. Human Rights Watch applauds this arrest, but maintains that the three rebel leaders now in custody “did not act alone” and that the ICC should investigate senior government officials as well.2007
International Criminal Court Heading Towards Universality, Says Chief Judge (November 30, 2007)
International Criminal Court’s President, Judge Philipe Kirsch addressed the United Nations to convey the Court’s achievements. The ICC “is fully operational” and has investigations in four countries - DRC, Uganda, CAR and Sudan. More than a hundred State Parties have signed and ratified the ICC, and the numbers keep growing. Kirsch requested greater support because if the governments cooperate with the investigations and arrests, it will give the Court more credibility. (UN News)Peace in Northern Uganda, But Whose Justice? (August 2, 2007)
Authors Baines and Bradbury point out in this Sudan Tribune article that the Acholi of Northern Uganda support a peace that is grounded in local justice mechanisms, rather than the ICC indictments which are considered a barrier to peace and an incomplete form of justice. The authors deplore the current “ICC or nothing” mentality and instead call upon international actors to stop “preaching justice” but to offer resources, expertise and support to bolster the Ugandan judicial system.Central African Republic: ICC Opens Investigation (May 22, 2007)
The International Criminal Court (ICC) has launched an investigation in the Central African Republic (CAR) into allegations of mass rape and war crimes committed in 2002 and 2003. According to ICC Prosecutor Luis Moreno-Ocampo, the Hague-based court will also review ongoing violence near the border with Chad and Sudan. Richard Dicker of Human Rights Watch, says that Ocampo should impartially investigate both sides of the conflict independent of political influence.ICC in the Dock (May 2007)
In this article, author Richard Dowden poses the following questions: “What is the point of the ICC’s justice? Who is it for?” He uses several examples to point out that various wars in Africa were ended through restorative means, which are at odds with the retributive punishment the ICC employs. The author concludes that “peace” and “reconciliation” must be as close to the heart of the ICC as “justice,” which he suspects may be nothing more than a salve for Western consciences. (Prospect Magazine)Defending the ICC (May 2007)
This article responds to the heavy criticism on the ICC’s issue of arrest warrants for the leaders of the Lord’s Resistance Army (LRA) in Northern Uganda. Though many fear the warrants obstruct peace, the author argues that the threat of international prosecution is what keeps the peace talks going. In addition, he argues that if the Ugandan government compromises with the LRA on ICC prosecutions, while upholding their obligations as a signatory to the Rome Statute, this would not be a failure, but rather a significant step forward for the ICC. (Prospect Magazine)2006
ICC Prosecutors’ Performance Reviewed (October 6, 2006)
Ahead of a meeting with NGOs and journalists in September 2006, the International Criminal Court prosecution team issued a report outlining the progress made, along with the difficulties encountered, in the past three years. At the public hearings, NGO representatives called for greater impartiality in the selection of cases, urging prosecutors to investigate “all sides of an ethnic conflict.” Although the ICC cannot demand full cooperation from states, participants at the meeting advised the Court to put more resources towards securing the arrest of key suspects. (Institute for War and Peace Reporting)Defending the Defenders (August 21, 2006)
The International Criminal Court (ICC) has set up a department to help put defense lawyers on “equal footing” with prosecutors. The initiative seeks to address human rights lawyers’ complaints that some tribunal practices benefit the prosecution and “could prejudice the rights of the accused.” The ICC’s new Office of Public Counsel for the Defense aims to give legal advice and increase access to important documents to enable defense teams to better represent their clients. (Institute for War and Peace Reporting)ICC Inquiries Jeopardized (July 6, 2006)
With no police force of its own, the International Criminal Court (ICC) relies on local law enforcement agencies to protect individuals involved in the court’s investigations in Uganda, Darfur and the Democratic Republic of Congo. The ICC has set up the Victims and Witnesses Unit, a team of trauma experts, to foster an environment of security and some degree of anonymity for those who voluntarily participate in investigations. However, ICC Chief Prosecutor Luis Moreno-Ocampo notes that the absence of a “functioning and sustainable system” for victim and witness protection discourages people from taking part in ICC inquiries. (Institute for War and Peace Reporting)The International Criminal Court: The Difficult Birth of International Justice (May 29, 2006)
In addition to financial constraints and notable absences from the US, China, India, Israel and Russia, the International Criminal Court (ICC) struggles with balancing international law with national jurisdictions as well as deciding if trials bring more justice from abroad or at home, where the crimes took place. Despite these obstacles, the ICC has enjoyed some success such as the Security Council’s referral of the Darfur case to the Court without opposition from the US. While continuing to encourage member states to cooperate in investigations, the ICC will amend its statute in 2009 to include jurisdiction over crimes like drug trafficking. (Cafe Babel)Impunity on Trial in Africa (May 2, 2006)
The author writes about the growing trend towards holding political leaders in Africa accountable for crimes such as corruption, rape and genocide. Not only are national courts taking action against former leaders such as Liberian Charles Taylor, but the Ivory Coast, Congo and Uganda have all invited the International Criminal Court to investigate the actions of armed groups. Although many of the court actions are politically motivated, observers believe the shift demonstrates a movement where impunity will not be tolerated. (Washington Post)2005
The International Criminal Court and UN Reform (September 2005)
The Coalition for the International Criminal Court highlights how the Millennium+5 outcome document can affect the role of the ICC in international justice. The outcome document, supported by Secretary General Kofi Annan and the majority of the EU states, urges the ratification of the Rome Statute of the ICC as a means to fulfill the "responsibility to protect," a principle at stake at the Millennium+5 Summit.International Court Hears Anti-War Claims (May 6, 2005)
Several anti-war organizations are pursuing a case against the UK government, claiming that it acted unlawfully by invading Iraq with the US. The International Criminal Court (ICC) will consider evidence that British troops acted “beyond the bounds of military necessity” by pursuing the unlawful goal of regime change in Iraq. Chief Prosecutor of the ICC Luis Moreno-Ocampo says he will take the “potentially significant” claim seriously. (Guardian)CAR Referral to the ICC Should Be Accompanied by Judicial Reforms to Address Impunity (January 12, 2005)
The Central African Republic (CAR) is the third country to refer its war crimes situation to the International Criminal Court (ICC). Amnesty International (AI) commends this action but urges the CAR government to launch its own inquiry into human rights atrocities, as the ICC cannot prosecute crimes committed prior to its July 2001 inception. AI also encourages the government to implement legislation in compliance with the Rome Statute in order to overcome impunity.2004
Representing Victims Before the ICC: A Major Challenge (December 2004)
In an effort to bridge the gap between the International Criminal Court and ordinary people affected by war crimes, the Rome Statute and rules of procedure allow for the representation of victims before the court. This article identifies some problems with such an initiative and raises questions about collective representation, remuneration, legal aid, and the need to train local jurists who are better able to represent their fellow citizens at the international level. (Victims’ Rights Working Group)Call for ICC to Learn ICTY Election Lessons (November 26, 2004)
As the General Assembly elects new judges for the International Criminal Tribunal for Yugoslavia (ICTY), NGOs and observers hope transparency issues in the ICTY will not plague the International Criminal Court as well. Critics of current tribunal election processes say lack of common procedures leads to “political deals and vote trading,” and now call for increased “public scrutiny.” However, some also believe the ICC’s current election methods and independence from the UN already demonstrate improved procedures. (Institute for War and Peace Reporting)UN, World Court Agree to Cooperate (October 5, 2004)
UN Secretary General Kofi Annan signed an agreement of cooperation with the President of the International Criminal Court, a move Annan considers an important development for the court and in the interests of UN members. NGOs in the Coalition for the International Criminal Court believe the agreement between “two of the most powerful global justice institutions” will help “end impunity for the perpetrators of the world’s most atrocious crimes.” (Associated Press)International Court Attempts Shoestring Justice (September 9, 2004)
Officials from countries supporting the International Criminal Court have proposed an $84 million budget for 2005. NGOs complain that such limited funding could prevent the ICC from effectively increasing participation, protecting victims and prosecuting new cases. (Inter Press Service)ICC Victims Trust Fund Board Holds First Meeting (April 21, 2004)
Board members of the Victims Trust Fund (VTF) of the International Criminal Court (ICC) met to formulate criteria assessing the distribution of reparations to victims and their families. The VTF will benefit victims of crimes falling within the jurisdiction of the ICC. (Jordan Times)2003
The Obscenely Easy Exile of Idi Amin (August 19, 2003)
Former Ugandan dictator Idi Amin, who killed more than 300,000 of his own people, spent the last years of his life in a comfortable Saudi villa. The International Criminal Court now offers hope that future horrors will not go similarly unpunished. (New York Times)A Crusader for the Defense (July 27, 2003)
Elise Groulx, a public defender in Montreal, lobbied governments to provide for defense attorneys in the ICC, and won. For Ms. Groulx, justice requires that even those guilty of the most henious crimes receive competent legal defense. (Gazette)Communications Received by the Office of the Prosecutor of the ICC (July 16, 2003)
ICC Prosecutor Luis Moreno Ocampo describes what areas and issues the new court will first investigate. (ICC)Atrocity Survivors Urge Support for Victims Fund (May 7, 2003)
Torture survivors unequivocally support the ICC, saying that public recognition of their suffering is vital to overcome their trauma. The ICC’s trust fund will provide reparations to victims of war crimes, also an important step towards their rehabilitation. (OneWorld)President Vows to Ratify Convention Against Torture, ICC (April 28, 2003)
Republic of Congo (ROC) President Denis Sassou-Nguesso promised to ratify the ICC statute and the UN Convention against Torture. Sassou-Nguesso said that the promotion and protection of human rights is among the top priorities of his government, especially in the wake of the chaos in his country. (Integrated Regional Information Network)Top ICC Officials Hopeful Tribunal Will Help Prevent Repeat of History’s Atrocities (April 22, 2003)
Argentinean ICC prosecutor Moreno Ocampo speaks of the ICC’s vital role in stamping out impunity, promoting respect for human rights and of complementing national courts worldwide. Ocampo also played down US fears of politically motivated prosecutions, emphasizing the quality and integrity of the court’s officials. (UN News)Argentine Is Expected to Be Prosecutor for War Crime Court (March 23, 2003)
Diplomats from several countries expect Argentine Lawyer, Luis Moreno Ocampo, to be elected as the first prosecutor for the International Criminal Court. Mr. Moreno is famous for campaigning against business corruption in South America and is a vocal advocate of human rights. (New York Times)Canadian First to Lead War-Crimes Court (March 12, 2003)
Member states elected Canadian diplomat Phillipe Kirsch as the ICC’s first President. Kirsch is determined to make the court a viable, non-politicized tool to fight impunity, proving US efforts to undermine the court are misguided. (Globe and Mail)Ferencz Defends the Nuremberg Principles and the Rule of Law (March 11, 2003)
Benjamin Ferencz, a former prosecutor at the Nuremburg trials, addresses The Hague on the rule of law and the ICC’s role in stamping out impunity. Ferencz believes the US would do well to remember the pertinent lesson learnt by the Germans in World War II: Accepting the doctrine “my country right or wrong” is a recipe for disaster. (Benjamin B. Ferencz Website)First Judges at New Global Court (March 11, 2003)
The International Criminal Court inaugurated its first set of eighteen judges, symbolizing a key step in preserving its legitimacy in the face of US opposition. Skepticism grows over the legitimacy of US “bilateral immunity agreements”, especially in a time when the US seeks as much support as possible for the War on Terror. (Human Rights Watch)International Criminal Court Comes to Life (March 11, 2003)
As the ICC’s 18 judges are officially sworn in, this article discusses challenges facing the court in the coming years. (Guardian)Trial by Fire (February 2003)
International Criminal Court officials are firmly committed to beginning proceedings in May 2003, despite a concerted campaign by the US to undermine and discredit the court. (Harvard International Review)ICC Launch Bolsters Human Rights Cause (February 28, 2003)
This article tracks the historic events of the 1990s that led to the ICC’s creation. Human rights activists played a crucial role in galvanizing political support for the ICC and their success strikes a vital blow against impunity. (Institute for War and Peace Reporting)The ICC’s First False Step (February 17, 2003)
The ICC elected three of its first eighteen judges without a two-thirds majority vote from member States, a requirement of the Rome Statute which governs the court’s procedures. This article argues that such an early departure from procedural compliance could undermine the court’s integrity. (Wall Street Journal)First 18 Judges Including Seven Women Elected to the ICC (February 7, 2003)
The ICC completed historic elections for its first 18 judges, including the appointment of seven women to the bench. This UN Press release contains the names and nationalities of the elected judges and details on the voting procedure. (UN Press)ICC: Electing Best Judges is Critical (January 31, 2003)
Human Rights Watch makes a passionate appeal for states to dispense with the standard diplomatic procedure of vote trading and elect the best legal minds for the ICC panel. The quality of the elected judges will be key to the credibility of the court.US Out of Race for First ICC Judges (January 23, 2003)
The US has not ratified the ICC Treaty after its demands that US citizens be exempt from prosecution were rejected. Consequently, the 18 justices elected by the ICC will not include a US citizen. (UN Wire)
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