Transcript Universal Periodic Review

International Criminal Court: A Break
through in International Criminal
Justice
International Criminal Court
•International, Treaty Based , Permanent Staff: 587
•Hold individuals Accountable responsible for serious
crimes
•Governed by Rome Treaty adopted by 120 states by17 July,
1998 , entered into force on 1 July 2002 Why?
• Based at Hague, Netherland
•Funded or Support
•Crimes: Genocide, Crimes against humanity and War
crimes, Aggression?
•Parties to Rome Statute 111 (Bangladesh)
Why International Criminal Court
"A person stands a better chance of being
tried and judged for killing one human being
than for killing 100,000 .”
José Ayala Lasso, former United Nations High
Commissioner for Human Rights
Structure
• Presidency (Three Judges)
• Judicial Divisions 18 Judges (Pre-Trial, Trial
Division and Appeal Division
• Office of the Prosecutor (Luis MorenoOcampo fromBelgium)
• Registry (Adminsitrative affairs)
ICC Detention Centre
Investigation
Prosecutor
Security
Council
Prosecutor
(Propo
Motu)
State Party
International Criminal Court &
International Court of Justice
-ICJ
is Civil Tribunal-with no Criminal Jurisdiction
• Deals with disputes among States
• Judicial Organ of UN
-ICC: Criminal Jurisdiction to prosecute
Individuals
-Independent of UN, Managed and Monitored
by State parties
Tribunals (ICTY, ICTR) vs ICC
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Fixed Time frame
Reactionary
Particular Country
Governed by Security Council
ICC Permanent
Broad Mandate
Proactive approach deter crimes
Other Features
• Court of Last Resort
• Complementary Principle (Inability or
Unwillingness)
• Initiation of Proceedings before the ICC
-By a State Party
-The Prosecutor
-The United Nations Security Council.
• ICC has no retroactive Jurisdiction
Situations/Cases
STATE
Action
Mechanis
m
UGANDA
Warrants were issued:
Joseph Kony-The Lords
Resistance Army and other
four
State Party
The Democratic
Republic of Congo
Three cases: on eat Pre
State party
trial stage and one at Trial
stage
Darfur
Three cases
The Central African State Party
Security
Council
State Party
Challenges and Issues
• 111 states are party but (Russia, China, India,
USA)
• USA Opposition to ICC
• Funds and resources
• People’s Trust: All African States (Why not US
in Iraq)
1. Fiji, 29 November 1999 2. Marshall Islands, 7
December 2000 3. Nauru, 12 November 2001. 4.
Cyprus, 7 March 2002 5.Cambodia, 11 April 2002 6.
Mongolia, 11 April 2002 7. Jordan, 11 April 2002 8.
Tajikistan, 5 May 2002 9. Timor-Leste, 6 September
2002 10. Samoa, 16 September 2002 11. Republic
of Korea, 12 November 2002 13. Afghanistan, 10
February 2003 14. Japan, 17 July 2007 15 Cook
Islands, 18 July 2008 16. Bangladesh, 23 March 2010
Assembly of State Parties
• Oversight and Legislative and management
Body
• Head of State or Foreign Minister
Who Conducts Review? How its done
• All States (47)
• Four Years (2008-2011) Review Cycle
• Review Calendar- Three times a Year
• UPR Group conducts the Review (47 States)
• Troikas (Three states)
• What are reviews based on?
• 1-UN Entities 2. Treaty Bodies 3. State Reports
4. Stake holder Reports (NGOs).
What human rights obligations are
addressed?
(1) the UN Charter;
(2) the Universal Declaration of Human Rights;
(3) human rights instruments to which the State
is party (human rights treaties ratified by the
State concerned)
(4) voluntary pledges and commitments made
by the State (e.g. national human rights
policies and/or programmes implemented)
(5) applicable international humanitarian law.
Outcome
• Outcome Report
• Accept and reject
• Recommendation
• Implementation
• When Sri Lanka was reviewed”:
http://www.ohchr.org/EN/HRBodies/UPR/Pages
/MeetingsHighlightsSession2.aspx
http://www.ohchr.org/EN/HRBodies/UPR/Pages
/Highlights13May2008pm.aspx