scholarly journals Building Victim-Led Coalitions to Press for Justice Following Mass Atrocity

2018 ◽  
Vol 112 ◽  
pp. 23-26
Author(s):  
Diane Orentlicher
Keyword(s):  
Security Council ◽  
International Criminal Court ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Criminal Court ◽  
Former Yugoslavia ◽  
Postwar Period ◽  
Un Security Council ◽  
Mass Atrocity ◽  
Victim Participation

Assurances of victim participation in proceedings before the International Criminal Court and Extraordinary Chambers in the Courts of Cambodia have been seen as a welcome corrective to the flawed model of earlier tribunals. The first such tribunal created since the postwar period, the International Criminal Tribunal for the former Yugoslavia (ICTY), was established by the UN Security Council in May 1993 without even consulting those who survived the atrocities that gave rise to its creation, the majority of which took place in Bosnia-Herzegovina. Nor were victims formally incorporated into the ICTY's work except for those who provided testimony and other evidence. (The same holds true for the International Criminal Tribunal for Rwanda, established by the UN Security Council in 1994; in the interests of brevity, my remarks will focus on the ICTY.)

Individual Criminal Responsibility before the International Criminal Court

2012 ◽  
Vol 12 (1) ◽  
pp. 1-70 ◽  
Author(s):  
Barbara Goy
Keyword(s):  
International Law ◽  
International Criminal Court ◽  
Ad Hoc ◽  
International Criminal ◽  
Criminal Responsibility ◽  
International Criminal Tribunal ◽  
Case Law ◽  
Criminal Court ◽  
Former Yugoslavia ◽  
Individual Criminal Responsibility

For more than 15 years the two ad hoc Tribunals, the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR), have interpreted the requirements of different forms of individual criminal responsibility. It is thus helpful to look at whether and to what extent the jurisprudence of the ICTY/ICTR may provide guidance to the International Criminal Court (ICC). To this end, this article compares the requirements of individual criminal responsibility at the ICTY/ICTR and the ICC. The article concludes that, applied with caution, the jurisprudence of the ICTY/ICTR – as an expression of international law – can assist in interpreting the modes of liability under the ICC Statute. ICTY/ICTR case law seems to be most helpful with regard to accessorial forms of liability, in particular their objective elements. Moreover, it may assist in interpreting the subjective requirements set out in Article 30 ICC Statute.

Managing Setbacks for the International Criminal Court in Africa

2011 ◽  
Vol 56 (1) ◽  
pp. 1-14 ◽  
Author(s):  
Elise Keppler
Keyword(s):  
Civil Society ◽  
Security Council ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
Government Officials ◽  
African Government ◽  
Un Security Council

AbstractThe International Criminal Court (ICC) suffered two notable setbacks in Africa in 2010: the African Union's (AU) renewed call for members not to cooperate in executing ICC arrest warrants for Sudanese President al-Bashir; and the president's first visits to the territory of ICC states parties since warrants were issued in 2009 and 2010. Factors surrounding these developments suggest they do not represent the predominant view or approach to the court in Africa, where there is considerable backing for the ICC among African government officials and civil society. African ICC states parties and civil society should enhance initiatives to demonstrate the support that exists for the court, and to ensure that attacks on it are understood as limited efforts that emanate more from criticisms of the UN Security Council than of the court. Developments in 2011 reinforce these assessments.

Reparation to Victims of Sexual Violence: Possibilities at the International Criminal Court and at the Trust Fund for Victims and Their Families

2007 ◽  
Vol 20 (1) ◽  
pp. 207-237 ◽  
Author(s):  
ANNE-MARIE DE BROUWER
Keyword(s):  
Sexual Violence ◽  
Restorative Justice ◽  
International Criminal Court ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Criminal Court ◽  
Former Yugoslavia ◽  
Special Focus ◽  
Trust Fund ◽  
Female Survivors

In this contribution the reparation possibilities for victims of sexual violence at the Inter-national Criminal Court and at the Trust Fund for Victims and their families are explored. This is done by explaining first of all why victims of sexual violence – and especially women – are in urgent need of reparation during and after conflict, with a special focus on the situation of female survivors of sexual violence in Rwanda. The reparation possibilities for victims of sexual violence at the International Criminal Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda are subsequently discussed, followed by a similar discussion with regard to the ICC. Questions such as the nature of the best forms of reparation for victims of sexual violence and at what point they are made are also dealt with. Although the ICC reparations regime offers in theory a good means of providing restorative justice to victims of sexual violence, it is important that the special concerns and needs of such victims are not easily overlooked by the Court and that swift action is taken by the Trust Fund for Victims and their families to address their plight.

Developments at the International Criminal Court

2012 ◽  
Vol 11 (2) ◽  
pp. 365-448
Author(s):  
Julieta Solano McCausland ◽  
Enrique Carnero Rojo
Keyword(s):  
United Nations ◽  
Security Council ◽  
International Criminal Court ◽  
Central African Republic ◽  
International Criminal ◽  
Democratic Republic ◽  
Criminal Court ◽  
United Nations Security Council ◽  
Republic Of The Congo ◽  
Victim Participation

Abstract This column covers the activity of the International Criminal Court during the last third of 2010 through mid-May 2011. The Court has continued investigating situations in five countries (the Democratic Republic of the Congo, Uganda, Sudan, the Central African Republic and Kenya) and opened a new investigation following a referral by the United Nations Security Council (Libya). The judicial activity of the Court continued with four accused persons undergoing trial, two more waiting for their trial to start, and six more awaiting the confirmation of charges hearing. The Chambers of the Court continued to develop the rules applicable to pre-trial and trial proceedings. In the period covered by this column they confirmed the law on the admissibility of a case, ruled on the proceedings concerning the first challenge by a State to the admissibility of a case and on stay of proceedings, and brought consistency on the issue of victim participation across cases.

INTERNATIONAL CRIMINAL COURTS ROUND-UP

2008 ◽  
Vol 11 ◽  
pp. 255-372 ◽  
Author(s):  
Amna Guellali ◽  
Enrique Carnero Rojo
Keyword(s):  
Sierra Leone ◽  
International Criminal Court ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Criminal Court ◽  
Former Yugoslavia ◽  
Criminal Courts

AbstractThe International Criminal Courts Round-Up reports on the most interesting judgements and decisions rendered by international(ized) criminal courts and tribunals during the reporting period. In addition, important developments within the various organs of the courts are highlighted, such as the appointment of new judges and significant amendments to the procedural rules of the courts. The Round-Up presently covers issues concerning the International Criminal Court, the International Criminal Tribunal for the former Yugoslavia, the International Criminal Tribunal for Rwanda and the Special Court for Sierra Leone.

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