ICC proprio motu investigations

As the interest of justice is not mentioned in this provision, the Appeals Chamber concluded that the interest of justice was not relevant for the purposes of the pre-trial chamber’s decision. Furthermore, in a part of the decision endorsed by only two of the Pre-Trial Chamber judges (see Judge Mindua’s separate The Pre-Trial Chamber issued its decision in the wake of repeated In June, the Center for Constitutional Rights submitted a The Pre-Trial Chamber’s April decision prompted appeals not only by the Prosecutor but also by victims who had submitted representations to the Court in support of the request. Free Online Library: The ICC Kenya case: implications and impact for proprio motu and complementarity. The “[W]ho in the world dreamed up such criteria? 37) , whereas PTC II referred to it as a legal requirement (see para. In the present case, for the first time, a pre-trial chamber rejected a … The Assembly of States Parties December 2017 resolution activated the ICC’s exercise of jurisdiction over crime of aggression. In the years since the conflict, much had changed in Georgia. The Prosecutor’s request was itself a long time coming: It followed a preliminary examination that spanned from 2006 to 2017. As we explained to the Appeals Chamber, under three successive administrations, the United States has been unwilling to fully investigate let alone prosecute the senior U.S. officials who ordered, authorized and furthered the torture program.

Through distorted interpretations of international law that have been roundly rejected by many tribunals—including by the U.S. Supreme Court in The Pre-Trial Chamber’s erroneous conclusions regarding war crimes resuscitate condemned legal arguments precisely at a time in the United States when there is a manifest risk of recurrence.
While “high crimes and misdemeanors” dominated the news cycle in Washington this month, the focus in The Hague was on grave crimes and mistreatment. On 17 March 2020, Secretary of State Pompeo Cite as: Alice Falkner, “Afghanistan finally open for investigations – ICC Prosecutor succeeds before the Appeals Chamber”, What is uncertain, however, is how far the Chamber will go in correcting the many errors in the Impugned Decision, and whether it will directly authorize the opening of the investigation or remand to the Pre-Trial Chamber.In our view, international law dictates only one outcome. It is also the first time the Appeals Chamber has been called upon to review a refusal to authorize an Article 15 We participated in the hearing on behalf of several U.S. torture victims who, for nearly 15 years, have been seeking justice and accountability for serious harms they suffered on the territories of multiple countries, including Afghanistan and other Member States of the ICC: This essay provides background on the hearing, highlights from the oral arguments, and reflections on potential next steps.In November 2017, the ICC Prosecutor, Fatou Bensouda, submitted a The request was submitted pursuant to Article 15 of the Before this request, the Prosecutor’s office had sought authorization to investigate four other times—for the situations in The request was not answered for 420 days—more than four times longer than the Court took to decide any prior Article 15 application. Most recently, this has been within the framework of the proprio motu power in the context of the ICC’s investigations in Kenya.

As Fergal Gaynor, legal representative of 82 Afghan victims, put it to the Appeals Chamber, “it is impossible to understand how a preliminary examination into, for example, Taliban crimes against women and girls could have lasted more than two or three days.”The Appeals Chamber, comprised of Presiding Judge Piotr Hofmański of Poland, Judge Howard Morrison of the United Kingdom, Judge Luz del Carmen Ibáñez Carranza of Peru, Judge Solomy Balungi Bossa of Uganda, and Judge Kimberly Prost of Canada, maintained a strict schedule to accommodate oral submissions from the many participants. (International Criminal Court, V. Kenya's Admissibility Challenge Under the Complementarity Principle and the ICC Response through Conclusion, with footnotes, p. 736-766) by "Washington University Global Studies Law Review"; International relations Commissions of inquiry, … (A separate Pre-Trial Chamber recently affirmed this position when it The Pre-Trial Chamber’s errors manifested most clearly in paragraphs 54 and 55 of its decision. Hence, the Appeals Chamber did not discuss the relation between the interest of justice and feasibility, but rather analysed the pre-trial chamber’s competences to assess this factor at all. Council in enforcing the ICC's requests for cooperation from states (Article 87(7)) Initiation of an investigation by . On that point, the argumentation of the Appeals Chamber was pretty clear as it simply focused on the literal meaning of Art 15 (4) Rome Statute.

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