The International Criminal Court: Challenges for the Future Steven Freeland University of Western Sydney University of Copenhagen Visiting Professional, The International Criminal Court
International Criminal Law Accountability for crimes that ‘shock the conscience of the world’ gross violations of human rights but …. need for specific definition Crimes within mandate of the International Criminal Court: Genocide intention to destroy all or part of a national, ethnic, racial or religious group, as such Crimes Against Humanity widespread or systematic attack on any civilian population War Crimes breach of Geneva Conventions / laws and customs of armed conflict (Aggression) – to be defined Other Crimes?
Dealing with International Crimes International Military Tribunals Nuremberg / Tokyo Ad Hoc Tribunals established by United Nations Security Council ICTY / ICTR ‘Hybrid’ / ‘Internationalized’ Courts established by Agreement between the UN and the relevant country Sierra Leone / Cambodia / East Timor / Lebanon Permanent Court established by Treaty International Criminal Court
Dealing with International Crimes (continued) Regional Human Rights Courts ECHR / ACHR / IACHR National Courts Iraqi Special Tribunal / Indonesian Human Rights Court / Lockerbie / Eichmann / Pinochet Local ‘Courts’ Gacaca community justice (Rwanda) (Truth and) Reconciliation Commissions South Africa / Sierra Leone / Bosnia / Latin American Countries Amnesties / Nothing – Peace v Justice dilemma Haiti / Uganda (Idi Amin) / Uganda (LRA)? / Darfur?
The ICC - (current) Cases and Situations The Democratic Republic of Congo The Prosecutor v. Thomas Lubanga Dyilo The Prosecutor v. Bosco Ntaganda The Prosecutor v. Germain Katanga and Mathieu Ngudjolo Chui The Republic of Uganda The Prosecutor v. Joseph Kony, Vincent Otti, Okot Odhiambo and Dominic Ongwen Darfur, Sudan The Prosecutor v. Ahmad Muhammad Harun (‘Ahmad Harun’) and Ali Muhammad Al Abd-Al-Rahman (‘Ali Kushayb’) (arrest warrant requested against Omar Hassan al-Bashir) The Central African Republic The Prosecutor v. Jean-Pierre Bemba Gombo Cote d’Ivoire Other investigations
The International Criminal Court: Challenges for the Future Structural Challenges include: building a new institution lessons from the other international criminal tribunals harmonization of multicultural work practices and expectations demarcation of responsibilities within the divisions of the Court continuity of expertise and work practices
The International Criminal Court: Challenges for the Future Legal Challenges include: the legality of the Court meaning / operation of ‘complementarity’ ambiguities in the Legal Texts case and trial management the rights of the accused resources of counsel for accused the rights of victims the status of the Victims’ Trust Fund harmonization of legal principles (ICTY / ICJ, common law / civil law etc)
The International Criminal Court: Challenges for the Future Political Challenges include: the need for cooperation by States peace v justice concerns the attitude of the major powers relationship between Court and UNSC Agreement on Privileges and Immunities Bilateral Immunity Agreements additional discrete crimes within the mandate of the Court
The International Criminal Court: Challenges for the Future Practical Challenges include: the obtaining of evidence how to execute arrest warrants the need for accurate information
The International Criminal Court: Challenges for the Future Financial Challenges include: oversight by the ASP annual budgets ‘how much justice are we prepared to pay for?’