[294], ICC responded that it will continue to investigate war crimes undeterred. They are engaged in monitoring, commenting upon, and assisting in the ICC's activities. The creation of these tribunals further highlighted to many the need for a permanent international criminal court.[9]. Some of them, including China and India, are critical of the Court. In the subsequent two weeks, South Africa and Gambia also announced their intention to leave the court, with Kenya and Namibia reportedly also considering departure. [33] The previous Registrar was Herman von Hebel, who was elected on 8 March 2013. [85] The most serious crimes, however, are those that constitute either grave breaches of the Geneva Conventions of 1949, which only apply to international conflicts,[85] and serious violations of article 3 common to the Geneva Conventions of 1949, which apply to non-international conflicts. Author Konaté, Dindio. Headquarters: The Hague, the Netherlands. Ce séminaire est destiné à des avocats, des magistrats, des praticiens du droit utilisant régulièrement les mécanismes et le droit applicable devant la Cour pénale internationale. Rome Statute took effect upon ratification by 60 States, officially establishing the ICC. [53], The Prosecutor or any person being investigated or prosecuted may request the disqualification of a judge from "any case in which his or her impartiality might reasonably be doubted on any ground". NGOs helped birth the ICC through advocacy and championing for the prosecution of perpetrators of crimes against humanity. [5][7] Following Trinidad and Tobago's proposal, the General Assembly tasked the ILC with once again drafting a statute for a permanent court. [134] So far the Court has ordered reparations against Thomas Lubanga. [43] If consensus cannot be reached, decisions are made by vote. Description 213 pages ; 22 cm. View Antoinette’s full profile. Bibliography, etc. [36][35] A further 31 countries[34] have signed but not ratified the Rome Statute. "[269] The relatively uninterrupted progression of NGO involvement with the ICC may mean that NGOs have become repositories of more institutional historical knowledge about the ICC than its national representatives, and have greater expertise than some of the organization's employees themselves. You need a political agreement. A situation is listed here if the Prosecutor of the Court has opened an investigation. He added that the U.S. would do everything "to protect our citizens" should the ICC attempt to prosecute U.S. servicemen over alleged detainee abuse in Afghanistan. Trotz der Tatsache, dass dieser La cour pénale internationale vielleicht einen etwas höheren Preis hat, findet sich der Preis in jeder Hinsicht im Bezug auf Qualität und Langlebigkeit wider. Luban, David, "America the Unaccountable". Voir tous les Please turn on JavaScript and try again. ICC core legal texts. Ossetia region. The preliminary examination relates to registered vessels of the Comoros, Greece and Cambodia. Thanks to cooperation from States, 17 people have been detained in the ICC detention centre and have appeared before the Court. [25] A decision by the High Court of South Africa in early 2017 ruled that withdrawal would be unconstitutional, prompting the South African government to inform the UN that it was revoking its decision to withdraw. [55] It is headed by the Chief Prosecutor, who is assisted by one or more Deputy Prosecutors. In a statement, the Prosecutor noted that the two referrals "appear to overlap geographically and temporally" but further noted that such a statement "should not prejudice a later determination on whether the referred scope of the two situations is sufficiently linked to constitute a single situation.". [88], Article 8 bis defines crimes of aggression. Julien Kouanga. International Criminal Court is sometimes abbreviated as ICCt to distinguish it from several other organisations abbreviated as ICC. Voilà un sujet que vous risquez de trouver rébarbatif, mais je vais essayer de vous le rendre intéressant. [99] If a state became party to the Statute, and therefore a member of the Court, after 1 July 2002, then the Court cannot exercise jurisdiction prior to the membership date for certain cases. The Assembly meets in full session once a year, alternating between New York and The Hague, and may also hold special sessions where circumstances require. On 17 July 1998, the Rome Statute of the International Criminal Court was adopted by a vote of 120 to seven, with 21 countries abstaining. In 1994, the ILC presented its final draft statute for the International Criminal Court to the General Assembly and recommended that a conference be convened to negotiate a treaty that would serve as the Court's statute. : Künftig wird der Internationale Strafgerichtshof klar signalisieren, dass jedes dieser Verbrechen verfolgt und bestraft wird. The ICC has issued arrest warrants for 36 individuals and summonses to eight others. In 2020, overturning the previous decision not to proceed, senior judges at the ICC authorized an investigation into the alleged war crimes in Afghanistan. The personal jurisdiction of the Court extends to all natural persons who commit crimes, regardless of where they are located or where the crimes were committed, as long as those individuals are nationals of either (1) states that are party to the Rome Statute or (2) states that have accepted the Court's jurisdiction by filing a declaration with the Court. Justice is a key prerequisite for lasting peace. Les juges de la CPI mènent les procédures judiciaires, en veillant à leur déroulement équitable. The ICC is financed by contributions from the states parties. [84] The article lists 16 such as individual crimes:[85], Article 8 defines war crimes depending on whether an armed conflict is either international (which generally means it is fought between states) or non-international (which generally means that it is fought between non-state actors, such as rebel groups, or between a state and such non-state actors). Parties and signatories of the Rome Statute, Towards a permanent international criminal court, Offences against the administration of justice, Territorial or personal jurisdiction requirements, Co-operation by states not party to Rome Statute, Amnesties and national reconciliation processes, Investigations and preliminary examinations, African accusations of Western imperialism, Criticism by the United States government, Questioning the true application of the principle of complementarity. La CPI est la première cour pénale internationale permanente créée pour contribuer à mettre fin à l'impunité des auteurs des crimes les plus graves qui touchent l'ensemble de la communauté internationale, à savoir les crimes de guerre, les crimes contre l'humanité, le génocide et le crime d'agression. Et cela vaut encore aujourd’hui. [49] The current president is Chile Eboe-Osuji, who was elected 11 March 2018, succeeding Silvia Fernández de Gurmendi (first female president). Concurrently, the quest to find a way to punish international crimes shifted from being the exclusive responsibility of legal experts to being shared with international human rights activism. The Office of the Prosecutor is an independent organ of the Court. [139] Taking into account the experience of the International Criminal Tribunal for the former Yugoslavia (which worked with the principle of the primacy, instead of complementarity) in relation to co-operation, some scholars have expressed their pessimism as to the possibility of ICC to obtain co-operation of non-party states. [286][287] However, following Gambia's presidential election later that year, which ended the long rule of Yahya Jammeh, Gambia rescinded its withdrawal notification. [126], Limitations exist for the ICC. ", "Policy Paper on the Interest of Justice", "Policy Paper on Preliminary Examinations", "Policy Paper on Sexual and Gender-Based Crimes", "Policy paper on case selection and prioritisation", "ICC widens remit to include environmental destruction cases", "Policy Paper on Case Selection and Prioritisation", "International court to prosecute environmental crimes in major shift", "Is environmental destruction a crime against humanity? 132‐133, 150‐151, <, Statement of the Prosecutor of the International Criminal Court, Ms Fatou Bensouda, regarding the situation in the Kasaï provinces, Democratic Republic of the Congo, 31 March 2017, <. [115] A majority of the three judges present, as triers of fact, may reach a decision, which must include a full and reasoned statement. However, this amendment specified that the ICC would not be allowed to exercise jurisdiction of the crime of aggression until two further conditions had been satisfied: (1) the amendment has entered into force for 30 states parties and (2) on or after 1 January 2017, the Assembly of States Parties has voted in favor of allowing the Court to exercise jurisdiction. [32] The Assembly elects officials of the Court, approves its budget, and adopts amendments to the Rome Statute. Argentina, Canada, Chile, Colombia, Paraguay, and Peru jointly referred the situation in Venezuela I on 27 September 2018. Les charges portées contre 3 personnes ont été abandonnées suite à leur décès. "[130] Article 68 sets out procedures for the "Protection of the victims and witnesses and their participation in the proceedings. Following the Second World War, the allied powers established two ad hoc tribunals to prosecute Axis leaders accused of war crimes. The International Criminal Court (ICC) investigates and, where warranted, tries individuals charged with the gravest crimes of concern to the international community: genocide, war crimes, crimes against humanity and the crime of aggression. [139], In relation to co-operation in investigation and evidence gathering, it is implied from the Rome Statute[143] that the consent of a non-party state is a prerequisite for ICC Prosecutor to conduct an investigation within its territory, and it seems that it is even more necessary for him to observe any reasonable conditions raised by that state, since such restrictions exist for states party to the Statute. Il était présent à Bruxelles à la fondation d'Avocats sans Frontières avec le Bâtonnier de Moscou après avoir rapproché le Barreau de Paris et le Barreau de Moscou. Le Code annoté de la Cour pénale internationale est une collection dans laquelle, en fonction du nombre de décisions rendues par la Cour dans l’avenir, un nouveau volume sera publié chaque année ou tous les deux ans. The legal relationship between the ICC and the Netherlands is governed by a headquarters agreement, which entered into force on 1 March 2008. Finden Sie perfekte Stock-Fotos zum Thema Cour Pénale Internationale sowie redaktionelle Newsbilder von Getty Images. [170] As of April 2017[update], the ICC's staff consisted of 800 persons from approximately 100 states. Convicted and sentenced to one year of imprisonment and a fine of 300,000 USD; Convicted and sentenced to a fine of 30,000 USD; Convicted and sentenced to six months of imprisonment; Convicted and sentenced to eleven months of imprisonment; In ICC custody; initial appearance pending, At large under warrant of arrest, previously appeared voluntarily, charges confirmed, trial before Trial Chamber IV to begin, Released from ICC custody; acquittal under appeal, Convicted and sentenced to nine years imprisonment upon guilty plea; in ICC custody; reparations regime established; if conviction and sentence stand, release between 2021 and 2024, In ICC custody, charges confirmed, trial before Trial-Chamber X to begin, In ICC custody, charges confirmed, trial before Trial-Chamber V to begin. It is intended to complement existing national judicial systems and it may therefore exercise its jurisdiction only when national courts are unwilling or unable to prosecute criminals. 0:31. [17], In 2010 the states parties of the Rome Statute held the first Review Conference of the Rome Statute of the International Criminal Court in Kampala, Uganda. [52] All judges must be nationals of states parties to the Rome Statute, and no two judges may be nationals of the same state. "[29], Following the announcement that the ICC would open a preliminary investigation on the Philippines in connection to its escalating drug war, President Rodrigo Duterte announced on 14 March 2018 that the Philippines would start to submit plans to withdraw, completing the process on 17 March 2019. [269] Today, many of the NGOs with which the ICC cooperates are members of the CICC. [33], As of November 2019[update], 123 states[34] are parties to the Statute of the Court, including all the countries of South America, nearly all of Europe, most of Oceania and roughly half of Africa. Lawyer at Cour Pénale Internationale Myanmar Law Practice. Avocat inscrit sur la liste des conseils auprès de la Cour Pénale Internationale. Indicted but either charges not confirmed or withdrawn or proceedings terminated or acquitted. La Cour s’attache à mettre en place une coopération mondiale pour protéger toutes les personnes contre les crimes codifiés dans le Statut de Rome. Currently, the Office of the Prosecutor has opened investigations in 12 situations: Burundi; two in the Central African Republic; Côte d'Ivoire; Darfur, Sudan; the Democratic Republic of the Congo; Georgia; Kenya; Libya; Mali; Uganda; and Bangladesh/Myanmar. (See International Criminal Court, 2008: International Criminal Court, 18 October 2005. International Criminal Court, January 2007. International Criminal Court, 18 October 2007. Vers # 1mondeplusjuste. [163], The ICC maintains a liaison office in New York[165] and field offices in places where it conducts its activities. Charges have been dropped against 3 people due to their deaths. If charges were not confirmed or withdrawn or if proceedings were terminated, the Prosecutor may again prosecute with fresh evidence. The Court is participating in a global fight to end impunity, and through international criminal justice, the Court aims to hold those responsible accountable for their crimes and to help prevent these crimes from happening again. [12], Following 60 ratifications, the Rome Statute entered into force on 1 July 2002 and the International Criminal Court was formally established. Mr Lubanga and Mr Katanga were convicted and sentenced to 14 and 12 years imprisonment, respectively, whereas Mr Chui was acquitted. Trials in the Ntaganda case (DR Congo), the Bemba et al. [288] The High Court of South Africa ruled on 2 February 2017 that the South African government's notice to withdraw was unconstitutional and invalid. [139] As for the actions that ICC can take towards non-party states that do not co-operate, the Rome Statute stipulates that the Court may inform the Assembly of States Parties or Security Council, when the matter was referred by it, when non-party state refuses to co-operate after it has entered into an ad hoc arrangement or an agreement with the Court. Proceedings against 22 are ongoing: 15 are at large as fugitives, one is under arrest but not in the Court's custody, two are in the pre-trial phase, and four are at trial. The ICC's detention centre accommodates both those convicted by the court and serving sentences as well as those suspects detained pending the outcome of their trial. After considering the Committee's report, the General Assembly created the Preparatory Committee on the Establishment of the ICC to prepare a consolidated draft text. Domaines de compétences : Droit international pénal - Droit Pénal – Droit des Étrangers. 6 official languages: English, French, Arabic, Chinese, Russian and Spanish. The Court itself, however, is composed of four organs: the Presidency, the Judicial Divisions, the Office of the Prosecutor, and the Registry. [28] However, in June 2020, the decision to proceed led Trump administration to power an economic and legal attack on the court. 8 in the list) (UNOG Library), A collection of primary documents critical to an understanding of the Evolution of the Legal Jurisdiction of the International Criminal Court, Agreements on the Enforcement of Sentences, Crimes Against Humanity and War Crimes Act, Twenty-third Amendment of the Constitution, Presidents and vice presidents of the Assembly of States Parties, American Non-Governmental Organizations Coalition for the ICC, International Military Tribunal (Nuremberg Trials), Extraordinary Chambers in the Courts of Cambodia, Special Panels of the Dili District Court, International Residual Mechanism for Criminal Tribunals, Committee on the Rights of Persons with Disabilities, Office of the United Nations High Commissioner for Human Rights, African Commission on Human and Peoples' Rights, African Court on Human and Peoples' Rights, European Committee for the Prevention of Torture, Inter-American Commission on Human Rights, UN High Commissioner for Refugees (UNHCR), UN Office for the Coordination of Humanitarian Affairs (UNOCHA), UN Educational, Scientific and Cultural Organization (UNESCO), UN Department of Economic and Social Affairs (UNDESA), Food and Agriculture Organization of the UN (FAO), UN Human Settlements Programme (UN-HABITAT), International Committee of the Red Cross (ICRC), Organisation for the Prohibition of Chemical Weapons, Community of Portuguese Language Countries, Organisation internationale de la Francophonie, https://en.wikipedia.org/w/index.php?title=International_Criminal_Court&oldid=994782885, United Nations General Assembly observers, CS1 maint: BOT: original-url status unknown, Articles with dead external links from January 2020, Articles with permanently dead external links, Pages using collapsible list with both background and text-align in titlestyle, Pages using infobox country or infobox former country with the symbol caption or type parameters, Articles containing potentially dated statements from November 2019, All articles containing potentially dated statements, Infobox mapframe without OSM relation ID on Wikidata, Articles containing potentially dated statements from April 2017, Official website different in Wikidata and Wikipedia, Wikipedia articles with SELIBR identifiers, Wikipedia articles with SUDOC identifiers, Wikipedia articles with Trove identifiers, Wikipedia articles with WORLDCATID identifiers, Creative Commons Attribution-ShareAlike License, Combination Visser & Smit Bouw and Boele & van Eesteren ('Courtys'), Between initial appearance and beginning of confirmation of charges hearing, Between beginning of confirmation of charges hearing and beginning of trial, Between trial judgment and appeals judgment. [119] There is no subpoena or other means to compel witnesses to come before the court, although the court has some power to compel testimony of those who chose to come before it, such as fines.[120]. ), Europe in Crisis: Crime, Criminal Justice and the Way Forward, Essays in Honour of Nestor Courakis, Volume II: Essays in English, French, German, and Italian, (Athens: Ant. N. Sakkoulas Publications), (2017), pp. Ähnliche Videos. [35] The law of treaties obliges these states to refrain from "acts which would defeat the object and purpose" of the treaty until they declare they do not intend to become a party to the treaty. when the Pre-Trial Chamber authorises him or her to open an investigation on the basis of information received from other sources, such as individuals or non-governmental organisations. of intervention in ongoing conflicts with the expectation that the indictments, arrests, and textes juridiques fondamentaux de la CPI. [45] However, critics of the Court argue that there are "insufficient checks and balances on the authority of the ICC prosecutor and judges" and "insufficient protection against politicized prosecutions or other abuses".