The ‘End’, the ‘Beginning of the End’ or the ‘End of the Beginning’? Introducing Debates and Voices on the Definition of ‘Aggression’

2010 ◽  
Vol 23 (4) ◽  
pp. 875-882 ◽  
Author(s):  
CARSTEN STAHN
Keyword(s):  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
Constructive Dialogue ◽  
Significant Step ◽  
Broad Variety ◽  
Age Of Accountability ◽  
Definition Of

On 11 June 2010, the first Review Conference of the International Criminal Court (ICC) adopted Resolution RC/Res. 6 on the ‘Crime of Aggression’ by consensus, after years of debates and negotiations in the framework of the Preparatory Commission for the International Criminal Court and the Special Working Group on the Crime of Aggression. The resolution includes a definition of the crime of aggression and the conditions under which the Court could exercise jurisdiction with respect to the crime, while making the actual exercise of jurisdiction ‘subject to a decision to be taken after 1 January 2017’ by states parties. This outcome has triggered a broad variety of reactions. The UN praised it as a ‘historic agreement’ and a significant step towards a new ‘age of accountability’. Some non-governmental organizations (NGOs) have expressed concerns that the compromise deepens the gaps between states and leaves accountability loopholes. US legal advisor Harold Koh qualified the compromise as an opportunity for further constructive dialogue and positive engagement with the ICC.

NGOs for International Justice

2018 ◽  
Author(s):  
Kjersti Lohne
Keyword(s):  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
International Justice ◽  
Relative Lack ◽  
International Crimes ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
The Impact ◽  
Oriented Approach

Kjersti Lohne describes the impact of non-governmental organizations at the International Criminal Court (ICC), in particular discussing the relative lack of regard for defendants’ rights, and especially highlighting the difficulties encountered by those acquitted. After the Coalition for the International Criminal Court contributed to the establishment of the ICC itself in the fight against impunity for international crimes, that Coalition has continued a victim-oriented approach, arguably at the expense of defendants’ rights. The ICC’s focus on victims, ‘truth’, and ‘memory’ may challenge the legitimacy of the Court in the longer run.

scholarly journals The Indirect Intent in The International Criminal Case-Law

2017 ◽  
Vol 23 (2) ◽  
pp. 192-196
Author(s):  
Viorel Pașca ◽  
Bianca-Codruța Băra
Keyword(s):  
International Criminal Court ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Case Law ◽  
Criminal Code ◽  
Criminal Court ◽  
International Courts ◽  
Significant Step ◽  
New Form ◽  
Definition Of

Abstract This study focuses on the analyse of the indirect intent in the international criminal caselaw. Traditionally, the Romanian Criminal Code defines the indirect intent through the pshychological position of the offender towards the result of the crime, which can lead, in some circumstances, to unfair result. Finding an appropriate definition has been a constant problem for the international courts of justice, especially taking into consideration the effort to reconcile this attempt with the national regulations and principles. The International Criminal Tribunal for Yugoslavia developed a new form of criminal participation in which it described the mens rea using the notion of `risk`. The Tadić case represents a significant step for the definition of indirect intent, in the way it is considered in our legal system.The international criminal court emphasizes the importance of the person`s position towards the risk that criminal acts could lead to relevant results and it outlines the standards of foreseeability of such risk.

Myanmar

2016 ◽  
Author(s):  
Jürgen Haacke
Keyword(s):  
International Criminal Court ◽  
Armed Conflict ◽  
International Criminal ◽  
Criminal Court ◽  
Regional Organizations ◽  
Communal Violence ◽  
Internal Armed Conflict ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
Cyclone Nargis

Myanmar has been linked to alleged past and potential future mass atrocities by international non-governmental organizations and, at times, the UN Special Rapporteurs on Human Rights. To date there has been no international commission of inquiry, let alone any referral to the International Criminal Court. Looking beyond controversial efforts to justify the forcible delivery of assistance following Naypyidaw’s problematic response to Cyclone Nargis, this chapter contextualizes and describes the extent of alleged R2P atrocities in Myanmar, outlines how the Myanmar government as well as the United Nations and regional organizations such as ASEAN and other key actors in the international community have implemented R2P either directly or indirectly, and offers a provisional explanation as regards the limited nature of the international community’s response to concerns that Naypyidaw has at least at times failed to exercise its R2P in the contexts of internal armed conflict and communal violence.

Current Trends in the Definition of ‘Perpetrator’ by the International Criminal Court: From the Decision on the Confirmation of Charges in the Lubanga case to the Katanga judgment

2015 ◽  
Vol 28 (2) ◽  
pp. 349-371 ◽  
Author(s):  
ALICIA GIL GIL ◽  
ELENA MACULAN
Keyword(s):  
International Criminal Court ◽  
International Criminal ◽  
Criminal Responsibility ◽  
Criminal Court ◽  
Basic Principles ◽  
Critical Elements ◽  
Current Trends ◽  
The One ◽  
Definition Of ◽  
Individual Criminal Responsibility

AbstractThe jurisprudence of the International Criminal Court (ICC) up to the Lubanga judgment showed definite interpretive trends on the modes of principal liability. This article aims first to make a critical assessment of these trends by focusing on methodological and substantive aspects. On the one hand, the practice of having resort to theories derived from Continental legal systems, albeit legitimate, is based on a methodology that raises some concerns as to the selection and (mis)interpretation of such theories. On the other hand, the Court has clearly adopted a wide interpretation of some critical elements in which the different modes of principal liability are grounded. This choice has caused a significant expansion of the scope of principal liability as well as a breach of the principles of legality and of individual criminal responsibility. In our opinion, the underpinning of these interpretations is a flawed understanding of the criteria for distinguishing between principals and accessories.This perspective has been overturned by the Katanga judgment, on which the second part of this article will focus. This judgment correctly argues that the distinction between perpetrators and accomplices is grounded only on the autonomous or vicarious character of their contribution to the offence. Furthermore, it follows a partly different approach as to both the methodology and the interpretation of the constitutive elements of principal liability. In our view, this approach better fits both the relevant statutory provision and the basic principles of criminal law.

Part 2 Jurisdiction, Admissibility, and Applicable Law: Compétence, Recevabilité, Et Droit Applicable, Art.16 Deferral of investigation or prosecution/Sursis à enquêter ou à poursuivre

2016 ◽  
Author(s):  
Schabas William A
Keyword(s):  
Security Council ◽  
Rome Statute ◽  
International Criminal ◽  
Criminal Court ◽  
International Human Rights ◽  
Applicable Law ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
International Human ◽  
The Relationship

This chapter comments on Article 16 of the Rome Statute of the International Criminal Court. Article 16 addresses the tension that may exist between the Court and the Security Council, where the latter is of the view that a prosecution should not proceed. The Security Council can also refer a situation to the Court, but the Prosecutor is under no obligation to proceed. Finally, the relationship between the Court and the Security Council may arise should the Court be empowered to exercise jurisdiction over the crime of aggression. As the travaux préparatoires indicate, the relationship between the Court and the Security Council was extremely contentious. Article 16 represents a compromise but one with which many States were not pleased. Moreover, international human rights non-governmental organizations opposed article 16, viewing it as an unacceptable encroachment upon the independence of the Court.

Coalition Diversity and Normative Legitimacy in Human Security Negotiations

2003 ◽  
Vol 8 (1) ◽  
pp. 7-42 ◽  
Author(s):  
Fen Osler Hampson ◽  
Holly Reid
Keyword(s):  
International Criminal ◽  
Critical Role ◽  
Human Security ◽  
Criminal Court ◽  
Multilateral Negotiation ◽  
Security Issues ◽  
Governmental Organizations ◽  
Non Governmental Organizations ◽  
Negotiation Processes ◽  
Role Players

AbstractThis article explores coalition dynamics in the negotiations leading up to the international Anti-personnel Landmines Convention and the Rome Treaty for an International Criminal Court. It discusses how "core" coalitions in the two cases formed and how these coalitions acquired international support and legitimacy. It suggests that multilateral negotiation processes on human security issues reflect a new kind of dynamics in multilateral negotiation processes where successful international coalitions draw strength and legitimacy through numbers and the mobilization of "boundary role" players in civil society and non-governmental organizations. The article also suggests that didactic leadership has a critical role to play in assembling these coalitions and generating the requisite levels of international attention and support to carry human security initiatives forward.

scholarly journals Is global poverty a crime against humanity?

2015 ◽  
Vol 7 (3) ◽  
pp. 539-571 ◽  
Author(s):  
Gwilym David Blunt
Keyword(s):  
International Law ◽  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
International System ◽  
Criminal Court ◽  
Crimes Against Humanity ◽  
Global Poverty ◽  
Definition Of

Pogge has repeatedly compared the causes of global poverty with historical crimes against humanity. This claim, however, has been treated as mere rhetoric. This article argues that there are good reasons to take it seriously. It does this by comparing Pogge’s thesis on the causes of global poverty with the baseline definition of crimes against humanity found in international law, especially the Rome Statute of the International Criminal Court. It argues that the causes of global poverty are comparable with the crimes of slavery and apartheid. This has important consequences for cosmopolitan thought, as it makes the need for practical solutions to global poverty more urgent and raises questions about the global poor’s right to resist the international system by violent means.

China, the Crime of Aggression, and the International Criminal Court

2014 ◽  
Vol 5 (1) ◽  
pp. 94-122 ◽  
Author(s):  
Dan ZHU
Keyword(s):  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
Policy Preference ◽  
State Party ◽  
Legal Perspective ◽  
To Come ◽  
Definition Of

At the Kampala Review Conference in 2010, the adoption of the amendments to the Rome Statute laid the groundwork for the eventual prosecution of the crime of aggression. China, a non-State Party to the International Criminal Court, has articulated its concerns regarding the Court's jurisdiction over the crime of aggression in legal terms. This paper examines the Chinese concerns regarding the role of the Security Council in the determination of an act of aggression and the definition of aggression primarily from a legal perspective. It argues that China has hovered back and forth between two conflicting legal positions on these issues during different periods in history according to its policy preference. This paper also considers the concerns of China from a policy perspective before concluding that the crime of aggression should not be regarded as an insurmountable barrier preventing China's accession to the ICC in years to come.

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