Tackling the big issues in International Criminal Justice

Like Annual International Bar Association (IBA) Conference on International Criminal Law
Monday, June 18, 2018 - 14:30

There are big questions facing the world of justice. At the annual International Bar Association (IBA) Conference on International Criminal Law the current issues such as terrorism and the permissible use of force, the new ICC crime of aggression, the role truth plays in the justice process, and whether the future of international criminal law will be in domestic courts were all deliberated.

By Emily Elliott

On a sunny day in April, international lawyers, NGOs, and academics gathered in The Hague’s Peace Palace.

In her keynote address, and in the context of the 20 year anniversary of the Rome Statute setting up the International Criminal Court (ICC), Judge Navanetham Pillay acknowledged the on-going issues in Africa, such as state party withdrawal and the Al-Bashir dispute, and the criticism which has been levelled at the ICC of bias. Despite these problems, her outlook was positive as she explained how we are moving towards a society which embraces international criminal justice. In an important prompt to us all, Judge Pillay reminded everyone that twenty years is “only a drop in time” in comparison to a 2000 year history of international treaties.


Judge Pillay’s encouraging outlook was particularly timely when the conference went on to dissect the new ICC Crime of Aggression, which has taken 15 years to activate. The discussants presented a clear and comprehensive overview of this new offence, which will be activated on 17 July 2018. It’s clear to those in the international criminal justice world that the introduction of fourth crime at the ICC will be limited in its practical effect but the potential ripple into domestic proceedings may make this offence will be more than just symbolic.


Article 8bis of the Rome Statute defines the Crime of Aggression as an act which, by its character, gravity and scale, constitutes a manifest violation of the Charter of the United Nations.  As Astrid Reisinger Coracini of the University of Salzburg explained, at least two of these three elements must be grave in their scale for the act to be a manifest violation. Coracini also explained how the person who can commit such an act has not been limited to a state official but a person who exercises control over the political or military action of a state.

Stefan Barriga, Deputy Permanent Representative of Liechtenstein to the European Union, provided an explanation about the length in time it has taken to reach the point of activation. Despite the offence forming part of the original Rome Statute, the court could not exercise jurisdiction until the crime was defined and the conditions were set out for jurisdiction.

A special working group, including both Barriga and Coracini, was formed in 2003 and was mandated to deal with these issues. This resulted in years of diplomatic to-ing and fro-ing with parties disagreeing on the scope and jurisdiction of the offence.  The compromise which has been reached ensures activation of the offence, but leaves a bizarre scenario where the state parties can choose to opt in (by ratifying the amendments to the Rome Statute) but, once they have done so, they can also choose to opt out. There is criticism that this will significantly reduce the jurisdiction of the court.

Despite the offence taking such a long time to come to fruition, Carsten Stahn of Leiden University presented a more optimistic outlook on its future. In his opinion, even if there are no prosecutions, the new offence will still have had a positive effect by challenging the discourse surrounding the use of force.  At the very least, it will act as a social deterrent, ensuring more cautious behaviour by stakeholders.

Contributions from the conference floor remarked that this new offence has a threshold too high for successful prosecutions. Stahn’s response to this was that, in theory, it should be easier to prosecute a leader for the Crime of Aggression rather than a battlefield crime because in the latter it is much harder to prove intention. In the case of aggression, the leader will have ordered an invasion so evidence will be public and well documented.

The message from the panel was a resounding call for civil society to pressure state parties to ratify the amendments and remain opted in. The scepticism about the success of this new offence is similar to the scepticism which surrounded the ICC when the Rome Statute was first ratified 20 years ago. We should learn from the progress and success of the past 20 years and remain hopeful that this will lead to further accountability of international crimes.

Emily Elliott attended the IBA conference. She is a Trainee Solicitor at Kingsley Napley LLP and was previously an intern at the ICTY.  Kingsley Napley LLP are a London based firm with a leading criminal law and extradition team.

Photo: Armin Khoshnewiszadeh https://twitter.com/ArminKhosh/status/987664770898767875

 

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michael brown

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(JUST READ MY PAPER THE BRAKING PROCESS OF ANY WOMAN!!!) control the sources of housing, food, medical care, water, heat, light, ECT!!!! MONIES, Ect!!! A PIMP punishes those who DO NOT OBEY!!!. WELL YOUR LAND LORDS ARE WORKING FOR THE PIMPS AND PANDERS!! WHO SUPPLY YOU WITH EVERYTHING. I THINK THE CARE GIVING INSTITUTIONS SHOULD BE INVESTIGATED!!! AFTER ALL THE CITY OF BERKELEY ALLOWED MY EX ROOMMATE FREAK TO VIOLATE PENAL CODE 647(B) FOR OVER 4 MONTHS HE HAD A PROSTITUTE LIVING FOR FREE!! AND ON THE 10TH DAY I REPORTED IT TO BERKELEY FOOD AND HOUSING PROJECT AND THE BERKELEY POLICE. BECAUSE ABOUT 4:AM IN THE MORNING THEY WERE IN HIS ROOM THREATENING EACH OTHER! SHE CALLED HIM A BITCH AND HE STATED TO HER THAT IF YOU CAN ME A BITCH AGAIN I WILL BUST YOU IN YOUR FACE!! BECAUSE I'M A REAL NIGGER!! SO I THEN CALLED THE POLICE!! THEY FINALLY ARRIVED AND I POINTED THE TO HIS ROOM. WHEN THEY ASKED THEM TO STEP OUT THE ROOM MY EX ROOMMATE BECAME AGITATED AND WHEN THE OFFICER STARED QUESTING HIM HE WAS TALKING ALL BACKWARD AND HYSTERICAL AND THE OFFICER THEN ASKED HIM ARE YOU ON METH!! AND HE STATED NO!! SO THE OFFICER THEN WENT IN HIS ROOM AND CAME OUT WITH A BOTTLE OF PHARMACEUTICAL PILLS!! THE OFFICER THEN THE OFFICER ASKED WHO PILLS ARE THESE AND THE WHORE STATED THAT THE PILLS BELONG TO HER! BUT THEY WERE HER MOTHERS PILLS LIKE THAT SHOULD HAVE MADE A DIFFERENCE. THE OFFICER STATED THAT HE COULD NOT READ THE INFORMATION ON THE LABEL OF THE BOTTLE. THEN THE OTHER OFFICER STATED TO HER THAT WE JUST CHECKED YOU OUT AND YOU ARE ON PAROLE AND YOU ARE IN VIOLATION OF YOUR PAROLE BE THE POLICE JUST TOLD HER TO LEAVE AND DO NOT COME BACK!! THEY WAS SUPPOSED TO ARREST HER FOR A PAROLE VIOLATION BUT THEY LET HER GO AND TOLD HR NOT TO COME BACK! BUT THE NEXT DAY SHE WAS BACK AT THE APARTMENT AND STAYED FROM DEC 2017 TO APRIL 2018. SO NOW THEY GAVE HIM THE NEW APT THAT WAS SUPPOSED TO BE FOR ME AND GAVE HIM ALL OF THE FURNITURE THAT WAS SUPPOSED TO BE MINE AND LET HIM TAKE THE WHORE WITH HIM!! NOW HOW ABOUT THAT!! 2018 AN AGENCY WITHIN THE CITY OF BERKELEY.AND THEY DID NOTHING TO STOP HIM. SO THAT MADE THEM LIABLE FOR WAIT HE WAS DOING! AND ACCESSORIES, AIDING AND ABETTING AND CONSPIRACY IN VIOLATION OF 18 UNITED STATES CODE 241. WHAT DO THEY TELL YOU IF YOU DON'T PAY YOUR RENT OR UTILITIES. WE WILL PUNISH YOU BY EVICTING YOU AND OR YOUR FAMILIES AND CUTTING OFF YOUR HEAT LIGHTS, WATER ECT!!!! WELL THAT IS A PIMP!!! FORCING PRESSURING WOMEN TO ESCORT SOME GREASY FINGERED DEVIL OUT TO BREAKFAST, LUNCH, AND DINNER!!! BULLSHIT!!! THAT CANNOT KEEP THERE GREASY DOG ASS HANDS TO THEMSELVES BULLSHIT!!!! IN VIOLATION OF 18 UNITED STATES CODE SECTION 2441-WAR CRIMES (A)(B) , ARTICLES I AND II OF INTERNATIONAL MILITARY TRIBUNAL AND THE CONTROL COUNCIL ILL-TREATMENT IS A WAR CRIME!! AND THE NUREMBERG CODE!!! WE ARE LIVING IN 21ST CENTURY ROME AND ALL WHO CONTROL ARE NOTHING BUT CALIGULA'S IN DISGUISE!!!! SO HAVE NO FEAR!! THE ADVOCATE FOR JUSTICE IS HERE!!! Originally shared by Michael Brown N VIOLATION OF 18 UNITED STATES CODE SECTION 2441-WAR CRIMES (A)(B)(C) CRIMES AGAINST PEACE B URBAN STREET GANGS POLITICAL STREET GANGS (THE , POLITICIANS, POLICE, ATTORNEYS AND ALL OTHER OFFICIAL POSTS WHEN A DOCTOR MOLEST OR RAPES A PATIENT (HUMAN SUBJECT) WHILE UNDER ANALGESIA THAT IS A CRIME AGAINST PEACE, WAR CRIMES AND CRIMES AGAINST HUMANITY!!!! RAPE IS AN ACT OF AGGRESSION AFTER ALL AGGRESSION IS USING FORCE IN THE FORM OF PEOPLE A PERSON'S BODY IS A WEAPON BITING KICKING SCRATCHING THOSE ARE WEAPONS OF AGGRESSION. BUT IT IS DIFFERENT WHEN YOU ARE PEACEFUL AND TRYING TO PROTECT YOURSELVES AND YOUR LOVE ONES FROM PERVERSION, EXPLOITATION, DEATH AND DESTRUCTION!!!!! Hello my glorious creations this message is for all Industries all agencies all institutions before I get started we must Define some true words such as pimping and pandering in violation of Penal Code 266(h) and 266(I) THEY are all guilty of violation of Penal Codes!!! Now what a pimp is a collector and an Enforcer. A pimp is not someone with a suit a big car wearing a big hat. And a pander(pandering) is a supplier who supplies and who is the source the food, clothing, shelter a place to operate. It all sounds DAMN familiar to me!! Who about you???? That sounds like Social Services/JOB EMPLOYMENT OPERATIONS!!! (JUST READ MY PAPER THE BRAKING PROCESS OF ANY WOMAN!!!) control the sources of housing, food, medical care, water, heat, light, ECT!!!! MONIES, Ect!!! A PIMP punishes those who DO NOT OBEY!!!. WELL YOUR LAND LORDS ARE WORKING FOR THE PIMPS AND PANDERS!! WHO SUPPLY YOU WITH EVERYTHING.

Thursday, June 28, 2018 - 01:02
Anonymous
Stephen Feldman

I believe President Trump should be brought before the Court for his separation of children from their families. This action was an Executive Order of the President which directly resulted in specific crimes carried out by subordinates of President Trump in executing his directive. These crimes represent violations of the U.N. Universal Declaration of Human Rights (1948). The violations of the Declaration specifically include: Article 3: Everyone has the right to ...liberty and security of person; Article 5: No one shall be subjected to...cruel, inhuman or degrading treatment;, Article 9: No one shall be subjected to arbitrary arrest, detention or exile; Article 12: No one shall be subjected to arbitrary interference with his privacy, family; Article 14: Everyone has the right to seek and enjoy in other countries asylum from persecution; Article 15: ...The family is the natural and fundamental group unit of society and is entitled to protection by society and the State. I believe President Trump has violated these declarations and therefore should be brought before the Court and tried for these offenses against humanity.

Friday, June 22, 2018 - 04:18
Anonymous
Pamela Freeman

Can Trump's separation of children from their parents be tried as a crime against humanity?

Tuesday, June 19, 2018 - 20:16
Anonymous
David D Y Choi

Under the Sky, One should be equal as long as Human Being. Underprivileged social class, Before the birth, even after the death, this underprivileged group should follow the pre-framed given route. Upon realizing that crossing the given route is limited, its trial object would be named as ‘Betrayer’ or targeted as ‘Gov. Sanction’. Extending of this status, urged and resulted let David create hand written images between # 1 and # 58. Still, there, no one, no response, no way to get out, its condition is extended. Its uselessness, barren condition has been extended as usual. David D Y Choi , June, 2018 ( e-mail ; [email protected], or [email protected] ) Personal URL : http://www.cdyera.wordpress.com ( at URL, on the bottom site, linked images are available )

Tuesday, June 19, 2018 - 08:09
Anonymous