Jann K. Kleffner
- Published in print:
- 2008
- Published Online:
- May 2009
- ISBN:
- 9780199238453
- eISBN:
- 9780191716744
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199238453.003.0005
- Subject:
- Law, Public International Law
This chapter first addresses the procedural stages at which admissibility may arise. These procedures provide a framework for interaction between States and the Prosecutor, which is moderated by and ...
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This chapter first addresses the procedural stages at which admissibility may arise. These procedures provide a framework for interaction between States and the Prosecutor, which is moderated by and conducted before the Chambers of the ICC. The Prosecutor is also endowed with some supervisory functions with regard to national proceedings. A number of related procedural questions are then examined: how to prove admissibility; how complementarity operates within the context of referrals by States of situations which occur on their own territory; and the connection between complementarity and the regime for the cooperation of States with the ICC. The overall procedural setting contemplates a fair degree of antagonism between States and the ICC, with States being eager to exercise jurisdiction and to forestall the ICC from assuming jurisdiction. The procedural framework provides only very limited room to differentiate between States with different intentions and prospects for an effective investigation.Less
This chapter first addresses the procedural stages at which admissibility may arise. These procedures provide a framework for interaction between States and the Prosecutor, which is moderated by and conducted before the Chambers of the ICC. The Prosecutor is also endowed with some supervisory functions with regard to national proceedings. A number of related procedural questions are then examined: how to prove admissibility; how complementarity operates within the context of referrals by States of situations which occur on their own territory; and the connection between complementarity and the regime for the cooperation of States with the ICC. The overall procedural setting contemplates a fair degree of antagonism between States and the ICC, with States being eager to exercise jurisdiction and to forestall the ICC from assuming jurisdiction. The procedural framework provides only very limited room to differentiate between States with different intentions and prospects for an effective investigation.
Bruce Broomhall
- Published in print:
- 2004
- Published Online:
- January 2010
- ISBN:
- 9780199274246
- eISBN:
- 9780191719585
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199274246.003.0009
- Subject:
- Law, Public International Law
This chapter shows how the Rome Statute mechanisms for State (and Security Council) cooperation, essential to the functioning of the ICC, leave the likelihood of effective enforcement open to ...
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This chapter shows how the Rome Statute mechanisms for State (and Security Council) cooperation, essential to the functioning of the ICC, leave the likelihood of effective enforcement open to question. The ultimate success of the Court will, it seems, depend on the willingness of the Security Council to support the enforcement of ICC decisions.Less
This chapter shows how the Rome Statute mechanisms for State (and Security Council) cooperation, essential to the functioning of the ICC, leave the likelihood of effective enforcement open to question. The ultimate success of the Court will, it seems, depend on the willingness of the Security Council to support the enforcement of ICC decisions.
Caroline Heber
- Published in print:
- 2021
- Published Online:
- August 2021
- ISBN:
- 9780192898272
- eISBN:
- 9780191924699
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780192898272.003.0006
- Subject:
- Law, EU Law
This chapter elucidates the most important value inherent to enhanced cooperation: the value of tolerance. The notion of tolerance is not a one-way street: Member States within enhanced cooperation ...
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This chapter elucidates the most important value inherent to enhanced cooperation: the value of tolerance. The notion of tolerance is not a one-way street: Member States within enhanced cooperation have to respect fellow Member States outside enhanced cooperation, as well as their wish to pursue the European objectives on a unilateral path. Likewise, Member States outside enhanced cooperation have to respect that some Member States will pursue a legislative act jointly. The chapter clearly shows that the principle of tolerance is different from the principle of sincere cooperation, since the protection of Art 327 of the TFEU demands more than a loyal interaction between Member States. International law and constitutional law provisions on cooperation in federal states provide guidance on how to develop a framework for the principle of tolerance within enhanced cooperation.Less
This chapter elucidates the most important value inherent to enhanced cooperation: the value of tolerance. The notion of tolerance is not a one-way street: Member States within enhanced cooperation have to respect fellow Member States outside enhanced cooperation, as well as their wish to pursue the European objectives on a unilateral path. Likewise, Member States outside enhanced cooperation have to respect that some Member States will pursue a legislative act jointly. The chapter clearly shows that the principle of tolerance is different from the principle of sincere cooperation, since the protection of Art 327 of the TFEU demands more than a loyal interaction between Member States. International law and constitutional law provisions on cooperation in federal states provide guidance on how to develop a framework for the principle of tolerance within enhanced cooperation.
Beth Van Schaack
Michael N. Schmitt, Shane R. Reeves, Winston S. Williams, and Sasha Radin (eds)
- Published in print:
- 2020
- Published Online:
- December 2020
- ISBN:
- 9780190055967
- eISBN:
- 9780190055974
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780190055967.003.0004
- Subject:
- Law, Public International Law
The previous chapter ended with France’s failed attempt to refer the situation in Syria to the International Criminal Court (ICC). After briefly surveying the history of the U.N. Security Council’s ...
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The previous chapter ended with France’s failed attempt to refer the situation in Syria to the International Criminal Court (ICC). After briefly surveying the history of the U.N. Security Council’s engagement with international justice, chapter 4 deconstructs the failed ICC referral draft proffered by France with an eye toward explaining the origins, import, impact, and criticism of several textual elements contained within prior Security Council referrals and France’s draft text (e.g., the provisions that seek to divest the ICC of jurisdiction over the nationals of non-state parties, the prohibition on U.N. funding, the endurance of immunities that potential ICC defendants might enjoy, and the anodyne state cooperation language). Although many (but not all) of these provisions reappeared in the Syria referral draft, subtle textual changes suggest movement on some of the more contentious issues. In an effort to achieve consensus, drafters also devised inventive yet inconspicuous means to cabin the ICC’s jurisdiction; these compromises may or may not be accepted by the Court if it were ever to be allowed to move forward. Because many of the most contentious provisions in the Council’s ICC referral resolutions owe their provenance to concerns of the United States, the draft resolution also presents a microcosm of the United States’ Security Council practice when it comes to advancing international justice.Less
The previous chapter ended with France’s failed attempt to refer the situation in Syria to the International Criminal Court (ICC). After briefly surveying the history of the U.N. Security Council’s engagement with international justice, chapter 4 deconstructs the failed ICC referral draft proffered by France with an eye toward explaining the origins, import, impact, and criticism of several textual elements contained within prior Security Council referrals and France’s draft text (e.g., the provisions that seek to divest the ICC of jurisdiction over the nationals of non-state parties, the prohibition on U.N. funding, the endurance of immunities that potential ICC defendants might enjoy, and the anodyne state cooperation language). Although many (but not all) of these provisions reappeared in the Syria referral draft, subtle textual changes suggest movement on some of the more contentious issues. In an effort to achieve consensus, drafters also devised inventive yet inconspicuous means to cabin the ICC’s jurisdiction; these compromises may or may not be accepted by the Court if it were ever to be allowed to move forward. Because many of the most contentious provisions in the Council’s ICC referral resolutions owe their provenance to concerns of the United States, the draft resolution also presents a microcosm of the United States’ Security Council practice when it comes to advancing international justice.
Henry Tam
- Published in print:
- 2019
- Published Online:
- September 2019
- ISBN:
- 9781529200980
- eISBN:
- 9781529200973
- Item type:
- chapter
- Publisher:
- Policy Press
- DOI:
- 10.1332/policypress/9781529200980.003.0001
- Subject:
- Political Science, Public Policy
This chapter provides a critical introduction to the problem of disengagement between governments and citizens. It looks at different arguments for reforming the scope and approach adopted by the ...
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This chapter provides a critical introduction to the problem of disengagement between governments and citizens. It looks at different arguments for reforming the scope and approach adopted by the state and explains why the way forward has to be through more effective state-citizen cooperation. It also gives a general outline of the three parts of the book. The first part examines the theoretical background and recent development of state-citizen cooperation to find out why more attention should be given to advance it; how its impact should be judged; and what makes it distinctive and complementary to other proposals on improving democratic governance. The second part reviews policies and strategies that have been tried out in different parts of the world to enable citizens and state institutions to work together in an informed and collaborative manner in defining and pursuing the public good. The final part considers how various underlying barriers to effective state-citizen cooperation can be overcome, with reference to specific case examples.Less
This chapter provides a critical introduction to the problem of disengagement between governments and citizens. It looks at different arguments for reforming the scope and approach adopted by the state and explains why the way forward has to be through more effective state-citizen cooperation. It also gives a general outline of the three parts of the book. The first part examines the theoretical background and recent development of state-citizen cooperation to find out why more attention should be given to advance it; how its impact should be judged; and what makes it distinctive and complementary to other proposals on improving democratic governance. The second part reviews policies and strategies that have been tried out in different parts of the world to enable citizens and state institutions to work together in an informed and collaborative manner in defining and pursuing the public good. The final part considers how various underlying barriers to effective state-citizen cooperation can be overcome, with reference to specific case examples.
Jennifer Mitzen
- Published in print:
- 2013
- Published Online:
- January 2014
- ISBN:
- 9780226060088
- eISBN:
- 9780226060255
- Item type:
- book
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226060255.001.0001
- Subject:
- Political Science, International Relations and Politics
How states cooperate in the absence of a sovereign power is a perennial question in international relations. This book argues that global governance is more than just the cooperation of states under ...
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How states cooperate in the absence of a sovereign power is a perennial question in international relations. This book argues that global governance is more than just the cooperation of states under anarchy: it is the formation and maintenance of collective intentions, or joint commitments among states to address problems together. The key mechanism through which these intentions are sustained is face-to-face diplomacy, which keeps states' obligations to one another salient and helps them solve problems on a day-to-day basis. The book argues that the origins of this practice lie in the Concert of Europe, an informal agreement among five European states in the wake of the Napoleonic wars to reduce the possibility of recurrence, which first institutionalized the practice of jointly managing the balance of power. Through the Concert's many successes, the book shows that the words and actions of state leaders in public forums contributed to collective self-restraint and a commitment to problem solving—and at a time when communication was considerably more difficult than it is today. Despite the Concert's eventual breakdown, the practice it introduced—of face-to-face diplomacy as a mode of joint problem solving—survived, and is the basis of global governance today.Less
How states cooperate in the absence of a sovereign power is a perennial question in international relations. This book argues that global governance is more than just the cooperation of states under anarchy: it is the formation and maintenance of collective intentions, or joint commitments among states to address problems together. The key mechanism through which these intentions are sustained is face-to-face diplomacy, which keeps states' obligations to one another salient and helps them solve problems on a day-to-day basis. The book argues that the origins of this practice lie in the Concert of Europe, an informal agreement among five European states in the wake of the Napoleonic wars to reduce the possibility of recurrence, which first institutionalized the practice of jointly managing the balance of power. Through the Concert's many successes, the book shows that the words and actions of state leaders in public forums contributed to collective self-restraint and a commitment to problem solving—and at a time when communication was considerably more difficult than it is today. Despite the Concert's eventual breakdown, the practice it introduced—of face-to-face diplomacy as a mode of joint problem solving—survived, and is the basis of global governance today.
Jill Crystal
- Published in print:
- 2018
- Published Online:
- January 2019
- ISBN:
- 9780190916688
- eISBN:
- 9780190942984
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780190916688.003.0004
- Subject:
- Political Science, Middle Eastern Politics
This chapter examines the political construction of a new understanding of how natural resources and security are linked in the Gulf Cooperation Council (GCC) states. The chapter begins with the role ...
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This chapter examines the political construction of a new understanding of how natural resources and security are linked in the Gulf Cooperation Council (GCC) states. The chapter begins with the role of oil in state and class formation and then examines its broader securitization in the Gulf, a trend of particular salience in the last 10-15 years. The study documents the driving forces and motivations behind this process, both regionally and locally, then concludes with some reflections on the links between natural resources, development trajectories, and political outcomes.Less
This chapter examines the political construction of a new understanding of how natural resources and security are linked in the Gulf Cooperation Council (GCC) states. The chapter begins with the role of oil in state and class formation and then examines its broader securitization in the Gulf, a trend of particular salience in the last 10-15 years. The study documents the driving forces and motivations behind this process, both regionally and locally, then concludes with some reflections on the links between natural resources, development trajectories, and political outcomes.
Winfried Tilmann and Plassmann Clemens
- Published in print:
- 2018
- Published Online:
- March 2021
- ISBN:
- 9780198755463
- eISBN:
- 9780191927706
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198755463.003.0014
- Subject:
- Law, Intellectual Property, IT, and Media Law
The European Union would not consent to the creation of a competent international patent court when the rules of operation of that court are at least ambiguous with regard to its obligation to take ...
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The European Union would not consent to the creation of a competent international patent court when the rules of operation of that court are at least ambiguous with regard to its obligation to take into account all Union law. In particular, the Union would not elude its obligation to observe the fundamental rights guaranteed by the European legal system by participating in a standardized judicial system in which the application of such rights does not appear to be guaranteed.
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The European Union would not consent to the creation of a competent international patent court when the rules of operation of that court are at least ambiguous with regard to its obligation to take into account all Union law. In particular, the Union would not elude its obligation to observe the fundamental rights guaranteed by the European legal system by participating in a standardized judicial system in which the application of such rights does not appear to be guaranteed.
Winfried Tilmann
- Published in print:
- 2018
- Published Online:
- March 2021
- ISBN:
- 9780198755463
- eISBN:
- 9780191927706
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198755463.003.0060
- Subject:
- Law, Intellectual Property, IT, and Media Law
The European Union would not consent to the creation of a competent international patent court when the rules of operation of that court are at least ambiguous with regard to its obligation to take ...
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The European Union would not consent to the creation of a competent international patent court when the rules of operation of that court are at least ambiguous with regard to its obligation to take into account all Union law. In particular, the Union would not elude its obligation to observe the fundamental rights guaranteed by the European legal system by participating in a standardized judicial system in which the application of such rights does not appear to be guaranteed.
Less
The European Union would not consent to the creation of a competent international patent court when the rules of operation of that court are at least ambiguous with regard to its obligation to take into account all Union law. In particular, the Union would not elude its obligation to observe the fundamental rights guaranteed by the European legal system by participating in a standardized judicial system in which the application of such rights does not appear to be guaranteed.
Geert-Jan Alexander Knoops
- Published in print:
- 2019
- Published Online:
- September 2019
- ISBN:
- 9780190072506
- eISBN:
- 9780190072520
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780190072506.003.0024
- Subject:
- Law, Public International Law
In 2017 the International Criminal Court saw a number of significant developments in its handling of complex substantive issues. In the Ntaganda and the Gbagbo and Blé Goudé cases, the court ...
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In 2017 the International Criminal Court saw a number of significant developments in its handling of complex substantive issues. In the Ntaganda and the Gbagbo and Blé Goudé cases, the court delivered noteworthy decisions on procedural and substantive issues. In the Al Mahdi case, a Reparations Order was issued, confirming certain principles established in the Lubanga case. In the Bemba et al. contempt case, a sentencing decision was handed down by the Court, which addressed novel issues involving the interpretation of Article 76 of the Rome Statute. Moreover, an arrest warrant was issued against Mr. Al-Werfalli in the situation of Libya, which almost entirely relied upon social media evidence, demonstrating a rising trend in the use of digital evidence. Additionally, the Prosecution expanded its investigations, and requested to initiate investigations in Afghanistan and in Burundi. At the same time the ICC jurisdiction was expanded to include the crime of aggression.Less
In 2017 the International Criminal Court saw a number of significant developments in its handling of complex substantive issues. In the Ntaganda and the Gbagbo and Blé Goudé cases, the court delivered noteworthy decisions on procedural and substantive issues. In the Al Mahdi case, a Reparations Order was issued, confirming certain principles established in the Lubanga case. In the Bemba et al. contempt case, a sentencing decision was handed down by the Court, which addressed novel issues involving the interpretation of Article 76 of the Rome Statute. Moreover, an arrest warrant was issued against Mr. Al-Werfalli in the situation of Libya, which almost entirely relied upon social media evidence, demonstrating a rising trend in the use of digital evidence. Additionally, the Prosecution expanded its investigations, and requested to initiate investigations in Afghanistan and in Burundi. At the same time the ICC jurisdiction was expanded to include the crime of aggression.
Matthew Dallek
- Published in print:
- 2016
- Published Online:
- August 2016
- ISBN:
- 9780199743124
- eISBN:
- 9780190469559
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199743124.003.0005
- Subject:
- History, American History: 20th Century
President Roosevelt and Mayor La Guardia were forced to grapple more directly with the problem of home defense during 1940, an election year. Several forces came together to force the issue onto the ...
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President Roosevelt and Mayor La Guardia were forced to grapple more directly with the problem of home defense during 1940, an election year. Several forces came together to force the issue onto the national agenda. Hitler’s victories across much of Western Europe prompted some liberal internationalists to warn that the United States would become extremely vulnerable if Britain were to fall. FDR’s Division of State and Local Cooperation had little authority to impose home defense policies on states and cities. Numerous mayors complained that the states were bypassing their home defense needs and lobbied the Roosevelt administration to establish a federal, nationwide home defense program. As fears of attack on the United States soared in some quarters, a slow consensus began to form among many liberals that home defense of some sort was going to become an important program in the age of total war.Less
President Roosevelt and Mayor La Guardia were forced to grapple more directly with the problem of home defense during 1940, an election year. Several forces came together to force the issue onto the national agenda. Hitler’s victories across much of Western Europe prompted some liberal internationalists to warn that the United States would become extremely vulnerable if Britain were to fall. FDR’s Division of State and Local Cooperation had little authority to impose home defense policies on states and cities. Numerous mayors complained that the states were bypassing their home defense needs and lobbied the Roosevelt administration to establish a federal, nationwide home defense program. As fears of attack on the United States soared in some quarters, a slow consensus began to form among many liberals that home defense of some sort was going to become an important program in the age of total war.
Geert-Jan Alexander Knoops
- Published in print:
- 2016
- Published Online:
- November 2016
- ISBN:
- 9780190647759
- eISBN:
- 9780190647766
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780190647759.003.0023
- Subject:
- Law, Public International Law
This Introductory Note discusses the pitfalls and progress for the International Criminal Court in 2014. The Trial Chamber reached a conviction in the Katanga case after the liability mode was ...
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This Introductory Note discusses the pitfalls and progress for the International Criminal Court in 2014. The Trial Chamber reached a conviction in the Katanga case after the liability mode was amended pursuant to Regulation 55. Proceedings for offences against the administration of justice were initiated in the Central African Republic situation, which involved serious impediments to the defense in the main case against Jean-Pierre Bemba. Charges were confirmed in the case of Laurent Gbagbo and Charles Blé Goudé and the Court intends to prosecute Simone Gbagbo, amidst criticisms for conducting one-sided prosecutions in the Ivory Coast situation. Furthermore, the Court’s dependency on the cooperation of states parties became apparent in the case against Uhuru Kenyatta and Saif al-Islam Gaddafi. The Court relies on states parties for obtaining evidence as well as for the apprehension and transfer of its accused. The challenge of how to maintain the principle of evenhandedness remains.Less
This Introductory Note discusses the pitfalls and progress for the International Criminal Court in 2014. The Trial Chamber reached a conviction in the Katanga case after the liability mode was amended pursuant to Regulation 55. Proceedings for offences against the administration of justice were initiated in the Central African Republic situation, which involved serious impediments to the defense in the main case against Jean-Pierre Bemba. Charges were confirmed in the case of Laurent Gbagbo and Charles Blé Goudé and the Court intends to prosecute Simone Gbagbo, amidst criticisms for conducting one-sided prosecutions in the Ivory Coast situation. Furthermore, the Court’s dependency on the cooperation of states parties became apparent in the case against Uhuru Kenyatta and Saif al-Islam Gaddafi. The Court relies on states parties for obtaining evidence as well as for the apprehension and transfer of its accused. The challenge of how to maintain the principle of evenhandedness remains.
Geert-Jan Alexander Knoops
- Published in print:
- 2020
- Published Online:
- April 2021
- ISBN:
- 9780197513552
- eISBN:
- 9780197513576
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780197513552.003.0039
- Subject:
- Law, Public International Law
The International Criminal Court has experienced a revival in 2018 in terms of activity and new cases and new stages of proceedings brought either before the Pre-Trial, Trial, or Appeals Chamber. ...
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The International Criminal Court has experienced a revival in 2018 in terms of activity and new cases and new stages of proceedings brought either before the Pre-Trial, Trial, or Appeals Chamber. These include the two cases in the Central African Republic; a new case before the Appeals Chamber in relation to the United Nations Security Council referral of Jordan for non-cooperation; the Prosecutor has requested an exceptional ruling on an issue concerning jurisdiction of the crime of deportation; a defendant was acquitted by the Appeals Chamber, overturning an earlier conviction by the Trial Chamber. Finally, in the year 2018 unprecedented attacks were made against the Court by government officials of both the United States of America and the Philippines, while the issue of the removal immunities in the Al-Bashir case remains controversial.Less
The International Criminal Court has experienced a revival in 2018 in terms of activity and new cases and new stages of proceedings brought either before the Pre-Trial, Trial, or Appeals Chamber. These include the two cases in the Central African Republic; a new case before the Appeals Chamber in relation to the United Nations Security Council referral of Jordan for non-cooperation; the Prosecutor has requested an exceptional ruling on an issue concerning jurisdiction of the crime of deportation; a defendant was acquitted by the Appeals Chamber, overturning an earlier conviction by the Trial Chamber. Finally, in the year 2018 unprecedented attacks were made against the Court by government officials of both the United States of America and the Philippines, while the issue of the removal immunities in the Al-Bashir case remains controversial.
Geert-Jan Alexander Knoops
- Published in print:
- 2018
- Published Online:
- November 2018
- ISBN:
- 9780190923846
- eISBN:
- 9780190923860
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780190923846.003.0020
- Subject:
- Law, Public International Law
The year 2016 preludes the start of three trials at the International Criminal Court (ICC). The trials of Mr. Ongwen, Mr. Al Mahdi and the trial of Mr. Gbagbo and Mr. Blé Goudé started in the same ...
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The year 2016 preludes the start of three trials at the International Criminal Court (ICC). The trials of Mr. Ongwen, Mr. Al Mahdi and the trial of Mr. Gbagbo and Mr. Blé Goudé started in the same year while several trials drew to a close. Both Mr. Bemba and Mr. Al Mahdi were convicted for crimes committed in the Central African Republic and Mali, respectively. In a separate trial Mr. Bemba and his co-defendants were convicted of witness tampering. While some of the developments at the Court are promising, a closer look at both the legal and political developments warrants some caution. Some states remained uncooperative with the ICC, to the extent that three member states have left the ICC.Less
The year 2016 preludes the start of three trials at the International Criminal Court (ICC). The trials of Mr. Ongwen, Mr. Al Mahdi and the trial of Mr. Gbagbo and Mr. Blé Goudé started in the same year while several trials drew to a close. Both Mr. Bemba and Mr. Al Mahdi were convicted for crimes committed in the Central African Republic and Mali, respectively. In a separate trial Mr. Bemba and his co-defendants were convicted of witness tampering. While some of the developments at the Court are promising, a closer look at both the legal and political developments warrants some caution. Some states remained uncooperative with the ICC, to the extent that three member states have left the ICC.
Joanna Gomula
- Published in print:
- 2015
- Published Online:
- October 2015
- ISBN:
- 9780190270513
- eISBN:
- 9780190271909
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780190270513.003.0020
- Subject:
- Law, Public International Law
This introductory note discusses the developments at the International Criminal Court (ICC) for the year 2013. It focuses on the difficult relation of the ICC with the African continent. The African ...
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This introductory note discusses the developments at the International Criminal Court (ICC) for the year 2013. It focuses on the difficult relation of the ICC with the African continent. The African Union has expressed its concern about the unequal targeting of African states, while atrocities elsewhere are being ignored. The interplay between the ICC and national states is discussed, as an effective relationship between the two is vital for ICC prosecutions. Difficulties in the Kenyan, Libyan and Ivory Coast cases pass in review. The case of Bosco Ntaganda merits special attention, as he voluntarily surrendered to the ICC. This might imply that ICC prosecutions are seen as a more viable alternative as opposed to prosecutions before unstable national judicial institutions.Less
This introductory note discusses the developments at the International Criminal Court (ICC) for the year 2013. It focuses on the difficult relation of the ICC with the African continent. The African Union has expressed its concern about the unequal targeting of African states, while atrocities elsewhere are being ignored. The interplay between the ICC and national states is discussed, as an effective relationship between the two is vital for ICC prosecutions. Difficulties in the Kenyan, Libyan and Ivory Coast cases pass in review. The case of Bosco Ntaganda merits special attention, as he voluntarily surrendered to the ICC. This might imply that ICC prosecutions are seen as a more viable alternative as opposed to prosecutions before unstable national judicial institutions.