BARREAU PÉNAL INTERNATIONAL CRIMINAL BAR
Ntaganda case: ICC Presidency constitutes Trial Chamber VI PDF Print E-mail
COURTS - INTERNATIONAL CRIMINAL COURT
Tuesday, 22 July 2014 10:13

On 18 July 2014, the Presidency of the International Criminal Court (ICC) constituted Trial Chamber VI, which will be in charge of the case of The Prosecutor v. Bosco Ntaganda. Trial Chamber VI is composed of Judge Kuniko Ozaki (Japan), Judge Robert Fremr (Czech Republic) and Judge Geoffrey A. Henderson (Trinidad and Tobago).
Background: The confirmation of charges hearing in the Ntaganda case was held from 10 to 14 February 2014. On 9 June 2014, Pre-Trial Chamber II unanimously confirmed the charges against Bosco Ntaganda and committed him for trial before a Trial Chamber. On 4 July 2014, Pre-Trial Chamber II rejected the Defence’s request for authorization to appeal the confirmation of charges decision in the case.
Bosco Ntaganda, former alleged Deputy Chief of the General Staff of the Force Patriotiques pour la Libération du Congo [Patriotic Force for the Liberation of Congo] (FPLC), is accused of 13 counts of war crimes (murder and attempted murder; attacking civilians; rape; sexual slavery of civilians; pillaging; displacement of civilians; attacking protected objects; destroying the enemy's property; and rape, sexual slavery, enlistment and conscription of child soldiers under the age of fifteen years and using them to participate actively in hostilities) and five crimes against humanity (murder and attempted murder; rape; sexual slavery; persecution; forcible transfer of population) allegedly committed in Ituri (the DRC).

 
Austria ratifies the amendments to the Rome Statute on the crime of aggression and on article 8 related to war crimes PDF Print E-mail
COURTS - INTERNATIONAL CRIMINAL COURT
Tuesday, 22 July 2014 09:46

The President of the Assembly of States Parties to the Rome Statute, Ambassador Tiina Intelmann, warmly welcomed the deposit at the United Nations on 17 July 2014 of the instruments of ratification of the 2010 amendments to the Rome Statute, by H.E. Mr. Martin Sajdik, Permanent Representative of Austria to the United Nations.
The 2010 amendments to the Rome Statute are two sets of amendments that were adopted by consensus at the first Review Conference of the Rome Statute, held in Kampala, Uganda. The first of these amendments pertains to article 8 of the Rome Statute, which characterises the use of certain weapons during non-international armed conflict as war crimes. The second concerns provisions for the exercise of jurisdiction of the Court over the crime of aggression.
The crime of aggression was initially included in the Rome Statute in 1998 as one of the crimes under the jurisdiction of the Court, while the definition of the crime and the mechanism for the Court's exercise of jurisdiction were deferred to a Review Conference. The amendments adopted in Kampala, Uganda in 2010 define the crime of aggression and provide for the conditions for the exercise of jurisdiction over this crime. The Court may exercise jurisdiction over the crime of aggression once thirty States Parties have ratified the amendments, and subject to a decision to be taken after 1 January 2017 by the States Parties.
"The deposit of instruments of ratification by Austria brings the number of ratifications of the crime of aggression to fifteen," stated President Intelmann. "The Kampala Amendments, especially on the crime of aggression, strengthen the international legal framework that prohibits the use of force and increases the guarantees of peace and of respect for the territorial integrity of the States Parties to the Rome Statute. Thus it is encouraging that the pace of ratifications continues. I hope that other States Parties from all regions will follow suit."
Austrian Ambassador Sajdik remarked that, "The fight against impunity for grave violations of human rights and the strengthening of the International Criminal Court is a top priority of Austrian foreign policy. Austria is proud that by ratifying the amendments, it is not only supporting the International Criminal Court in the fight against impunity but also contributing considerably to the development of international criminal justice."
Austria ratified the Rome Statute on 28 December 2000, making it one of the first sixty States to contribute to the entry into force of the Statute, thereby establishing the Court. Austria also ratified the Agreement on Privileges and Immunities of the Court on 17 December 2003, and in 2002 it enacted legislation to ensure effective cooperation with the Court. Austria was also the first state party to conclude, in 2005, an Agreement on the enforcement of sentences with the Court.

 
Hearing for the decision on jurisdiction in Case STL-14-05 PDF Print E-mail
COURTS - SPECIAL TRIBUNAL FOR LEBANON
Monday, 21 July 2014 09:06

A hearing for the issuance of a decision on jurisdiction in the contempt case against New TV S.A.L and Ms Karma Mohamed Tahsin Al Khayat (case no. STL-14-05) has been scheduled for Thursday 24 July. In this hearing Judge Nicola Lettieri will issue a decision on the jurisdiction of the Tribunal to hear cases of contempt with respect to legal persons.
The Defence motion challenging such jurisdiction was filed on 16 June 2014. By the same date, 18 amicus briefs related to jurisdiction were submitted by individuals and organisations in Lebanon and elsewhere.
In the scheduling order, the Contempt Judge stressed that the legal issues raised are important for the Tribunal and the Lebanese public. The Judge will read a summary of the decision and provide the written full version of the ruling during an open hearing starting at 3:00 PM (CET).

 
ICC President: 17 July - A day to unite in building a more just world PDF Print E-mail
COURTS - INTERNATIONAL CRIMINAL COURT
Friday, 18 July 2014 09:30

When representatives of 120 States adopted the Rome Statute of the International Criminal Court (ICC), on 17 July 1998, they did so to build a more just world. Conscious that all people are connected, and that mass atrocities committed anywhere threaten the delicate mosaic of modern societies as well as world peace and security, they set up a permanent, international justice system to address crimes against humanity, war crimes and genocide by holding individuals accountable either at the national or international level. Through such action, the Rome Statute system aims to help prevent such crimes, to protect all peoples from them, and to uphold what is best, but also most fragile, within us: the shared sense of justice that is a common bond of all humanity.
Years later, when States Parties to the Rome Statute decided to name the 17th of July as the Day of International Criminal Justice, they invited all of us to commemorate the tremendous efforts of the many international courts and tribunals created in the last two decades while looking forward to what remains to be done. Among these courts is the ICC, the first and only permanent international criminal court with jurisdiction granted by States through a multilateral treaty.
By commemorating 17 July, we recognize past efforts that have fostered reconciliation in societies across the world and have positively affected the lives of hundreds of thousands of victims. We also look to the future, and reaffirm the international community’s commitment to fight against impunity for the most serious crimes, and thereby to stop them from ever being repeated again.
We are all exposed on a daily basis to news of massacres, crimes and war in multiple regions of the world. Where the ICC has jurisdiction, it endeavours to bring justice to the victims of these crimes. And where it is already involved, the Court’s intervention has galvanised more international attention to communities affected by crimes and the efforts essential to aiding the survivors. However, we are all conscious of the limits of the ICC’s current jurisdiction, which have to be remedied by continued progress towards universal ratification of the Rome Statute.
We recognize that the ICC is only one element in the wider Rome Statute system, the core of which is the responsibility of States themselves to investigate and prosecute the Rome Statute crimes whenever possible. The Statute is built on the principles of universality, complementarity and State cooperation, with the ICC itself as a court of last resort. Like many other parts of the emerging international system, it is still under construction. We continue our efforts and engagement  with the international community so that this new global system can be established with firm foundations, where the law is sovereign and respected, and where  justice for all is recognised as being crucial for peace, stability and development worldwide.
We cannot succeed on our own. All States, organisations and individuals have a role to play in the fight against impunity. Each of us can make a difference. Every year, on 17 July, we review and rededicate our efforts to build a more just world, because we are all connected, and because justice matters to us all.

 
17th July: Definition of the International Criminal Justice by the President of the ICB PDF Print E-mail
NEWS - LASTEST NEWS
Thursday, 17 July 2014 11:10

Hoy celebramos el Día Mundial de la Justicia Penal Internacional: día de esperanza e ilusión para quienes han visto disminuidos o aniquilados sus derechos fundamentales; día de ilusión y de esperanza para quienes defendemos esos mismos derechos.
Luis del Castillo Aragón
Barcelona

 
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