By Carsten Stahn, Göran Sluiter, Goran Sluiter
The foreign felony courtroom is at a crossroads. In 1998, the courtroom used to be nonetheless a fiction. A decade later, it has develop into operational and faces its first demanding situations as a judicial establishment. This quantity examines this transition. It analyses the 1st jurisprudence and guidelines of the courtroom. It offers a scientific survey of the rising legislations and perform in 4 major components: the connection of the court docket to household jurisdictions, prosecutorial coverage and perform, the therapy of the Court's acceptable legislation and the shaping of its process. It revisits significant topics, equivalent to jurisdiction, complementarity, cooperation, prosecutorial discretion, modes of legal responsibility, pre-trial, trial and appeals strategy and the remedy of sufferers and witnesses, in addition to their criticisms. It additionally explores a few of demanding situations and power avenues for destiny reform.
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Extra info for The Emerging Practice of the International Criminal Court (Legal Aspects of International Organization)
On 14 July, the OTP has also presented its application for an arrest warrant against Sudanese President, Omar Hassan Ahmad Al Bashir, to the Judges of Pre-Trial Chamber I. Three years after the Security Council requested him to investigate in Darfur, and based on the evidence collected, the Prosecutor has concluded there are reasonable grounds to believe that Mr. Al Bashir bears criminal responsibility in relation to 10 counts of genocide, crimes against humanity and war crimes. The Prosecution asserts that its evidence shows that Mr.
This is where and when situations are selected. The process can be illustrated through the Democratic Republic of the Congo (“DRC”) case. As soon as I took office on 16 July 2003, I announced that my Office was monitoring the gravest situation on the territory of States Parties: crimes allegedly committed in Ituri, in the East of the DRC. In September 2003, in my report to the Assembly of States Parties (ASP), I informed that the crimes allegedly committed in Ituri appeared to fall into the jurisdiction of the Court.
M. P. S. Position’, (2001) 64 Law & Contemporary Problems 67, at 110. ), The Emerging Practice of the International Criminal Court. © 2009 Koninklijke Brill nv. Printed in The Netherlands. isbn 978 90 04 16655 4. pp. 31-38. 32 Judge Hans-Peter Kaul But, on the basis of my own efforts to promote the ICC since 2003, let me share with you an experience that I have made time and again: The situation can be quite different when you travel to other countries which have not yet joined the ICC, be it in Santiago de Chile, in Damascus, in Beijing, in Manila, in the US in general or in Hanoi or Sana’a, as the case may be.