Following the Second World War, the allied powers established two ad hoc tribunals to prosecute Axis leaders accused of war crimes. [269] These are the kinds of events that are often hosted or organized by local NGOs. Strapatsas, Nicolaos. The UN also regretted the effect sanctions may have on trials and investigations under way, saying its independence must be protected. The land and financing for the new construction were provided by the Netherlands. ""These attacks constitute an escalation and an unacceptable attempt to interfere with the rule of law and the Court’s judicial proceedings, the statement said. 6 official languages: English, French, Arabic, Chinese, Russian and Spanish. A situation is listed here if the Prosecutor of the Court has opened an investigation. “The US government has reason to doubt the honesty of the ICC. [158], Demolition of the barracks started in November 2011 and was completed in August 2012. Ossetia region. Les juges de la CPI ont délivré 35 mandats d'arrêt. Le Code annoté de la Cour pénale internationale est une collection dans laquelle, en fonction du nombre de décisions rendues par la Cour dans l’avenir, un nouveau volume sera publié chaque année ou tous les deux ans. On 10 September 2018, John R. Bolton, in his first major address as U.S. National Security Advisor, reiterated that the ICC lacks checks and balances, exercises "jurisdiction over crimes that have disputed and ambiguous definitions," and has failed to "deter and punish atrocity crimes." The ICC has been accused of bias and as being a tool of Western imperialism, only punishing leaders from small, weak states while ignoring crimes committed by richer and more powerful states. "[269] Both the ICC and the NGO community avoid criticizing each other publicly or vehemently, although NGOs have released advisory and cautionary messages regarding the ICC. efficacy of justice as a means to peace". The ICC has four principal organs: the Presidency, the Judicial Divisions, the Office of the Prosecutor, and the Registry. To initiate an investigation, the Prosecutor must (1) have a "reasonable basis to believe that a crime within the jurisdiction of the Court has been or is being committed", (2) the investigation would be consistent with the principle of complementarity, and (3) the investigation serves the interests of justice. The HUDOC database provides access to the case-law of the Court (Grand Chamber, Chamber and Committee judgments and decisions, communicated cases, advisory opinions and legal summaries from the Case-Law Information Note), the European Commission of Human Rights (decisions and reports) and the Committee of Ministers (resolutions) Entrée en vigueur du Statut de Rome suite à sa ratification par 60 États, fondation officielle de la CPI. "[92] The Statute defines an "act of aggression" as "the use of armed force by a State against the sovereignty, territorial integrity or political independence of another State, or in any other manner inconsistent with the Charter of the United Nations. [33] The Rome Statute provides that the Office of the Prosecutor shall act independently;[56] as such, no member of the Office may seek or act on instructions from any external source, such as states, international organisations, non-governmental organisations or individuals. [135] Reparations can include compensation, restitution and rehabilitation, but other forms of reparations may be appropriate for individual, collective or community victims. Over 900 staff members: From approximately 100 States. NGOs can pursue their own mandates, irrespective of whether they are compatible with those of other NGOs, while the ICC must respond to the complexities of its own mandate as well as those of the states and NGOs. Europe – From Lubanga to Kony, is the ICC only after Africans? The rest of the building's volumes accommodate the offices of the different organs of the ICC.[161]. Please enable scripts and reload this page. These organizations come from a range of backgrounds, spanning from major international NGOs such as Human Rights Watch and Amnesty International, to smaller, more local organizations focused on peace and justice missions. Charges against Dominic Ongwen in the Uganda situation and Ahmed al-Faqi in the Mali situation have been confirmed;[177] both are awaiting their trials. Indicted but died before the trial and/or appeal (where applicable) was concluded. The Registry Public Information Office personnel and Victims Participation and Reparations Section officials hold seminars for local leaders, professionals and the media to spread the word about the Court. [85] Such crimes include attacking civilians or civilian objects, attacking peacekeepers, causing excessive incidental death or damage, transferring populations into occupied territories, treacherously killing or wounding, denying quarter, pillaging, employing poison, using expanding bullets, rape and other forms of sexual violence, and conscripting or using child soldiers. avocat Avocat à la Cour. [160], The building has a compact footprint and consists of six connected building volumes with a garden motif. The threat included sanctions against any of over 120 countries which have ratified the Court for cooperating in the process. Botswana is a notable supporter of the ICC in Africa. ), Europe in Crisis: Crime, Criminal Justice and the Way Forward, Essays in Honour of Nestor Courakis, Volume II: Essays in English, French, German, and Italian, (Athens: Ant. The official seat of the Court is in The Hague, Netherlands, but its proceedings may take place anywhere.[153][154]. La CPI dispose d’un programme de protection des victimes et des témoins qui utilise à la fois des mesures opérationnelles et des mesures de type procédural. 13 personnes sont toujours en liberté. Cour Pénale Internationale View Julien’s full profile See who you know in common Get introduced Contact Julien directly Join to view full profile Others named Julien KOUANGA. [56] A prosecutor may be removed from office by an absolute majority of the states parties if he or she "is found to have committed serious misconduct or a serious breach of his or her duties" or is unable to exercise his or her functions. [69] According to this document, the Office will give particular consideration to prosecuting Rome Statute crimes that are committed by means of, or that result in, "inter alia, the destruction of the environment, the illegal exploitation of natural resources or the illegal dispossession of land". [116] Trials are supposed to be public, but proceedings are often closed, and such exceptions to a public trial have not been enumerated in detail. In his first book published in 1975, entitled Defining International Aggression: The Search for World Peace, he advocated for the establishment of such a court. (See International Criminal Court, 2008: International Criminal Court, 18 October 2005. International Criminal Court, January 2007. International Criminal Court, 18 October 2007. Trial Chambers currently in charge; once proceedings have moved to the Appeals Chamber, the Trial Chamber designation will be removed here. The preliminary examination of the situation in Iraq / the United Kingdom was initially closed on 9 February 2006, but was reopened on 13 May 2014. [76] The current Registrar is Peter Lewis, who was elected on 28 March 2018.[77]. "Commission on the Responsibility of the Authors of the War and on Enforcement of Penalties.". [33] The previous Registrar was Herman von Hebel, who was elected on 8 March 2013. "[29], Following the announcement that the ICC would open a preliminary investigation on the Philippines in connection to its escalating drug war, President Rodrigo Duterte announced on 14 March 2018 that the Philippines would start to submit plans to withdraw, completing the process on 17 March 2019. [269] Today, many of the NGOs with which the ICC cooperates are members of the CICC. The Office of the Prosecutor has opened 12 official investigations and is also conducting an additional nine preliminary examinations. The Rome Statute requires that several criteria exist in a particular case before an individual can be prosecuted by the Court. [269] According to Benjamin Schiff, "From the Statute Conference onward, the relationship between the ICC and the NGOs has probably been closer, more consistent, and more vital to the Court than have analogous relations between NGOs and any other international organization.". Watch now. "Convention contre la torture et autres peines ou traitements cruels et inhumains ou dégradants": p. 182-199. Les juges de la CPI mènent les procédures judiciaires, en veillant à leur déroulement équitable. During the 1970s and 1980s, international human rights and humanitarian Nongovernmental Organizations (or NGOs) began to proliferate at exponential rates. [85] The most serious crimes, however, are those that constitute either grave breaches of the Geneva Conventions of 1949, which only apply to international conflicts,[85] and serious violations of article 3 common to the Geneva Conventions of 1949, which apply to non-international conflicts. [40][41] Ukraine, a non-ratifying signatory, has accepted the Court's jurisdiction for a period starting in 2013.[42]. Grâce à la coopération des États, 17 personnes ont été détenues au [55] It is headed by the Chief Prosecutor, who is assisted by one or more Deputy Prosecutors. The Registry is headed by the Registrar and is charged with managing all the administrative functions of the ICC, including the headquarters, detention unit, and public defense office. View Antoinette’s full profile. In addition to founding the Court and defining the crimes of genocide, war crimes, crimes against humanity, and – as of amendments made in 2010 – the crime of aggression, the Rome Statute also sets new standards for victims' representation in the Courtroom, and ensures fair trials and the rights of the defence. De nos jours, le traité est l’instrument juridique qui oriente le travail de la CPI et il est développé dans les autres textes juridiques, notamment les Éléments des crimes et le Règlement de procédure et de preuve. ICC judges conduct judicial proceedings and ensure the fairness of proceedings. The personal jurisdiction of the Court extends to all natural persons who commit crimes, regardless of where they are located or where the crimes were committed, as long as those individuals are nationals of either (1) states that are party to the Rome Statute or (2) states that have accepted the Court's jurisdiction by filing a declaration with the Court. Until late 2015, the ICC was housed in interim premises in The Hague provided by the Netherlands. The Trial Proceedings of the International Criminal Court – ICTY and ICTR Precedents, Martinus Nijhoff Publishers, 2006, (, Calvo-Goller, Karin, La procédure et la jurisprudence de la Cour pénale internationale, (Preface by Pr Robert Badinter), Lextenso éditions – La Gazette du Palais, 2012, (. La CPI exhorte tous les pays à se joindre à la lutte contre l’impunité, afin de veiller à ce que les auteurs de ces crimes soient punis et de contribuer à empêcher que de tels crimes ne soient à nouveau perpétrés. when the Pre-Trial Chamber authorises him or her to open an investigation on the basis of information received from other sources, such as individuals or non-governmental organisations. Bibliography, etc. Justice for victims before the ICC comprises both procedural and substantive justice, by allowing them to participate and present their views and interests, so that they can help to shape truth, justice and reparations outcomes of the Court. ​La Cour pénale internationale (CPI) mène des enquêtes et, le cas échéant, juge les personnes accusées des crimes les plus graves qui touchent l’ensemble de la communauté internationale : génocide, crimes de guerre, crimes contre l’humanité et crime d’agression. Antoinette Mukeshimana famer at home. Cour Pénale Internationale. Thanks to cooperation from States, 17 people have been detained in the ICC detention centre and have appeared before the Court. [45] However, critics of the Court argue that there are "insufficient checks and balances on the authority of the ICC prosecutor and judges" and "insufficient protection against politicized prosecutions or other abuses". After considering the Committee's report, the General Assembly created the Preparatory Committee on the Establishment of the ICC to prepare a consolidated draft text. ", "Africa and the International Criminal Court: A drag net that catches only small fish?". The process to establish the Court's jurisdiction may be "triggered" by any one of three possible sources: (1) a State party, (2) the Security Council or (3) a Prosecutor. If not otherwise noted, the indicted is wanted by warrant of arrest. [10] To consider major substantive issues in the draft statute, the General Assembly established the Ad Hoc Committee on the Establishment of an International Criminal Court, which met twice in 1995. Rome Statute of the International Criminal Court. The ICC has faced a number of criticisms from states and society, including objections about its jurisdiction, accusations of bias, questioning of the fairness of its case-selection and trial procedures, and doubts about its effectiveness. By denying states the right to offer amnesty to human rights abusers, the International Criminal Court may make it more difficult to negotiate an end to conflict and a transition to democracy. He also criticized Palestinian efforts to bring Israel before the ICC over allegations of human rights abuses in the West Bank and Gaza. "[58] Henry Kissinger says the checks and balances are so weak that the prosecutor "has virtually unlimited discretion in practice".[59]. La Cour pénale internationale Conférence donnée par Yves Daoudal à l’université d’été de Chrétienté-Solidarité, à Saint-Jacques de Compostelle, en 2002 La Cour pénale internationale. The relationship between the Court and the UN is governed by a "Relationship Agreement between the International Criminal Court and the United Nations".[267][268]. His paper essentially argues that the Αl‐Senussi case arguably is the first instance of the complementarity principle's actual implementation eleven whole years after the ratification of the Rome Statute of the International Criminal Court.