By Laucci, C. (ed.), Cyril Laucci
"The Annotated Digest of the overseas legal court docket (2007)" is the second one quantity of an annual sequence. It compiles a variety of the main major criminal findings inside the public judgements rendered by way of the overseas felony court docket in 2007. 2007 is a crucial 12 months within the lifetime of the foreign felony courtroom (ICC). beginning with the affirmation of fees opposed to the 1st arrested individual (Lubanga), the interval covers the initiation of 5 new instances (Ntaganda, Katanga, Ngudjolo, Harun, Kushayb).It can be the yr of arrest of a moment individual (Katanga) within the state of affairs within the Democratic Republic of Congo. the only variety of judgements is sufficient to express a surprising raise within the paintings of the court docket over the 12 months: the current quantity stories 234 judgements rendered, or made public, in 2007, that's to claim approximately an analogous variety of judgements as within the first quantity, which lined years 2004-2006. Abstracts compiled during this sequence were chosen at the foundation to the subsequent standards.
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Extra resources for The Annotated Digest of the International Criminal Court
Article 11 – Jurisdiction Ratione Temporis 1. The Court has jurisdiction only with respect to crimes committed after the entry into force of this Statute. 2. If a State becomes a Party to this Statute after its entry into force, the Court may exercise its jurisdiction only with respect to crimes committed after the entry into force of this Statute for that State, unless that State has made a declaration under article 12, paragraph 3. Article 12 – Preconditions to the Exercise of Jurisdiction 1.
Article 16 – Deferral of Investigation or Prosecution No investigation or prosecution may be commenced or proceeded with under this Statute for a period of 12 months after the Security Council, in a resolution adopted under Chapter VII of the Charter of the United Nations, has requested the Court to that effect; that request may be renewed by the Council under the same conditions. Article 17 – Issues of Admissibility 1. Having regard to paragraph 10 of the Preamble and article 1, the Court shall determine that a case is inadmissible where: (a) The case is being investigated or prosecuted by a State which has jurisdiction over it, unless the State is unwilling or unable genuinely to carry out the investigation or prosecution; (b) The case has been investigated by a State which has jurisdiction over it and the State has decided not to prosecute the person concerned, unless the decision resulted from the unwillingness or inability of the State genuinely to prosecute; (c) The person concerned has already been tried for conduct which is the subject of the complaint, and a trial by the Court is not permitted under article 20, paragraph 3; (d) The case is not of sufficient gravity to justify further action by the Court.
41) Para. 4 of the preamble to the Statute. (42) This rule has already been applied in a number of cases to refer cases back to national Courts. See inter alia ICTY, Prosecutor v. Radovan Stankovic, “Decision on referral of case under rule 11 bis”, 17 May 2005, Case No. IT-96-23/2-PT, para. 3, ICTY, Prosecutor v. Mitar Rasevic, Savo Todovic, “Decision on Referral of Case under rule 11 bis with confidential annexes I and II”, 8 July 2005, Case No. 3, ICTY, Prosecutor v. Dragomir Milosevic, “Decision on referral of case pursuant to Rule 11 bis”, 8 July 2005, Case No.