Achievements and problems of the international criminal court: A view from within

Journal of International Criminal Justice

Volumn 6, Issue 4, 2008, Pages 711-730

  Blattmann, René ^a   Bowman, Kïrsten ^a  

^a International Criminal Court ^*

Author keywords

[No Author keywords available]

Indexed keywords

EID: 56749144016     PISSN: 14781387     EISSN: 14781395     Source Type: Journal    
DOI: 10.1093/jicj/mqn056     Document Type: Conference Paper

References (63)

1. J.M. Martinez, 'Anti-Slavery Courts and the Dawn of International Human Rights Law', 117 Yale LawJournal (2008) 550, at 556.
2. Ibid., at 579.
3. Ibid., at 553.
4. Preamble of the Rome Statute, entered into force on 1 July 2002.
5. The first Registrar of the Court was elected to a five-year term on 24 June 2003 by an absolute majority of the judges meeting in plenary session.
6. Following Art. 43 of the Rome Statute and Rule 12 to 15 of the ICC RPE.
7. 19 of the ICC RPE); Chapter 4, Section III, Subsection 2 of the RPE (Rules 87-88 of the ICC RPE); Chapter 3, Section 1, Subsection 5 of the Regulations of the Court (Regulations 33-38 of the ICC Regulations); Chapter 3 of the Regulations of the Registry (Regulations 76-78 of the ICC Registry Regulations).
8. Victims and Witnesses Unit recommendations on psycho-social in-court assistance, Situation in the Democratic Republic of Congo in the case of Prosecutor v. Thomas Lubanga Dyilo (hereinafter, Lubanga) (ICC-01/04-01/06-1149), Trial Chamber I, 31 January 2008.
9. Rule 17(2) of the ICC RPE.
10. Art. 43(6) of the Rome Statute.
11. Rule 17 of the ICC RPE.
12. E.g. Warrant of arrest for Germain Katanga, Situation in the Democratic Republic of Congo in the case of Prosecutor v. Germain Katanga (hereinafter, Katanga) (ICC-01/04-01/07-1-tENG 18-10-2007 1/7 UM PT 01/04-01/07-1-US-tENG), Pre-Trial Chamber I, 2 July 2007 (the warrant issued on 8 July 2005; amended 27 September 2005). The charges include: The war crime of using children under the age of 15 years to participate actively in hostilities, punishable under Art. 8(2)(b)(xxvi) or Art. 8(2)(e)(vii) of the Statute; sexual slavery as a crime against humanity, punishable under Art. 7(1)(g) of the Statute; sexual slavery as a war crime, punishable under Art. 8(2)(b)(xxii) or Art. 8(2)(e)(vi) of the Statute.
13. Report of the International Criminal Court to the United Nations General Assembly, 31 August 2007, §19.
14. Ibid., §35.
15. Ibid.
16. At the time of writing.
17. Supra note 13, §10.
18. Ibid.
19. Ibid.
20. Trial Chamber I has reviewed the detention of the accused in its 'Decision reviewing the Decision on the Application for the Interim Release of Thomas Lubanga Dyilo', Lubanga (ICC-01/04-01/06-976) of 9 October 2007 by which it decided that Thomas Lubanga Dyilo was to be detained continuously.
21. The decisions below are not of an all-inclusive character. Additional decisions have been issued on, for instance, the implementation of the reporting system between the Registrar and the Trial chamber in accordance with Rule 89 and Regulation of the Court 86(5), remote access to the broadcast of closed session proceedings and witness testimony during trial.
22. Decision Regarding the Timing and Manner of Disclosure and the Date of Trial, Lubanga (ICC-01/04-01/06-1019), Trial Chamber I, 9 November 2007.
23. Decision Regarding the Practices Used to Prepare and Familiarise Witnesses for Giving Testimony at Trial, Lubanga (ICC-01/04-01/ 06-1049), Trial Chamber I, 30 November 2007.
24. Decision on the procedures to be adopted for ex parte proceedings, Lubanga (ICC-01/04-01/06-1058), Trial Chamber I, 6 December 2007.
25. Decision on the status before the Trial Chamber of the evidence heard by the Pre-Trial Chamber and the decisions of the Pre-Trial Chamber in trial proceedings, and the manner in which evidence shall be submitted, Lubanga (ICC-01/04-01/06-1084), Trial Chamber I, 13 December 2007.
26. Decision on the disclosure by the Defence, Lubanga (ICC-01/04-01/ 06-1235), Trial Chamber I, 20 March 2008.
27. For the determination see Decision on the E-Court Protocol, Lubanga (ICC-01/04-01/06-1127), Trial Chamber I, 24 January 2008.
28. See transcript: ICC-01/04-01/06-T-78.
29. Decision on victims' participation, Lubanga (ICC-01/04-01/ 06-1119), Trial Chamber I, 18 January 2008, §84.
30. Decision on the Defence and Prosecution Requests for Leave to Appeal the Decision on Victims' participation of 18 January 2008, Lubanga (ICC-01/04-01/06-1191), Trial Chamber I, 26 February 2008.
31. Decision on the consequences of non-disclosure of exculpatory materials covered by Art. 54(3)(e) agreements and the application to stay the prosecution of the accused, together with certain other issues raised at the Status Conference on 10 June 2008, Lubanga (ICC-01/04-01/ 06-1401), Trial Chamber I, 13 June 2008.
32. Decision on the release of Thomas Lubanga Dyilo, Lubanga (ICC-01/ 04-01/06-1418), Trial Chamber I, 2 July 2008.
33. Ibid.
34. Prosecution's Appeal against 'Decision on the release of Thomas Lubanga Dyilo' and Urgent Application for Suspensive Effect, Lubanga (ICC-01/04-01/06-1419), Office of the Prosecutor, 3 July 2008.
35. Decision Establishing a Calendar according to the date of the Confirmation hearing: 27 June 2008, Situation in the democratic republic of Congo in the case of Prosecutor v. Germain Katanga and Mathieu Ngudjolo Chui (hereinafter, Katanga and Chui) (01/04-01/07-459), Pre-Trial Chamber I, 29 April 2008.
36. Request for Information from the Republic ot Uganda on the Status ot Execution of the Warrants of Arrest in the situation of Uganda, Situation in Uganda (ICC-02/04-01/05-274), Pre-Trial Chamber II. 29 February 2008.
37. Report by the Registrar on the Execution of the 'Request for Information from the Republic of Uganda on theStatus of Execution of the Warrants of Arrest'. Situation in Uganda (ICC-02/04-01/05-286), Pre-Trial Chamber II, 28 March 2008.
38. Supra note 13, §29.
39. Ibid., §36.
40. Decision assigning the situation in the Central African Republic to Pre-Trial Chamber III, Situation in the Central African Republic (ICC-01/05-1). Presidency, 19 January 2005.
41. Ibid., §37.
42. See Mandat d'arrêt de Jean-Pierre Bemba Gombo remplaçant le mandate d'arrêt décernéle 23 mai 2008, Situation in the Central African Republic in the case of the Prosecutor v. Jean-Pierre Bemba Gombo (hereinafter, Bemba) (ICC-01/05-01/08-15), Pre-Trial Chamber III, 10 June 2008
43. Mandat d'arrêt à l'encontre de Jean-Pierre Bemba Gombo. Bemba (ICC-01/05-01/08-1 - Reclassified as public pursuant to Decision ICC-01/05-01-08-5 dated 24 May 2008), Pre-Trial Chamber III, 23 May 2008.
44. Part IX on International cooperation and judicial assistance of the Rome Statute.
45. These and other forms of cooperation are provided for under Art. 93 of the Rome Statute.
46. Supra note 13, §49.
47. Ibid., §52.
48. Ibid. The details of these agreements have been kept confidential for security reasons.
49. ICC Press Statement 'Austria Becomes the first State to sign an Agreement with the ICC on the Enforcement of Sentences'. The Hague, 27 October 2005 (ICC-20051027-112-En).
50. ICC Press Statement 'The United Kingdom of Great Britain and Northern Ireland signs an Agreement on the enforcement of sentences', The Hague, 8 November 2007 (ICC-PIDS- 20071108-264-En).
51. Judgment on the Prosecutor's Application for Extraordinary Review of Pre-Trial Chamber I's 31 March 2006 Decision Denying Leave to Appeal, Situation of the Democratic Republic of Congo (ICC-01/04-168), Appeals Chamber, 13 July 2006.
52. Supra note 30, §19.
53. Decision on Prosecutor's Application for Leave to Appeal in part Pre-Trial Chamber II's Decision on the Prosecutor's Applications for Warrants of Arrest under Art. 58, Situation in Uganda (Unsealed pursuant to Decision ICC-02/04-01/05-52 dated 13 October 2005 ICC-02/ 04-01/05-20-US-Exp), Pre-Trial Chamber II, 19 August 2005.
54. Ibid. Decision on the Prosecution and Defence applications for leave to appeal the Decision on the confirmation of charges, Lunabga (ICC-01/04-01/06-915), Pre-Trial Chamber I, 24 May 2007.
55. Supra note 50.
56. Supra note 30; Decision on the Defense request for leave to appeal the Oral Decision on redactions and disclosure of 18 January 2008, Lubanga (ICC-01/04-01/06-1210), Trial Chamber I, 6 March 2008.
57. Interlocutory Appellate Review of Early Decisions by the International Criminal Court, War Crimes Research Office, International criminal Legal Analysis and Education Project, January 2008, at 46 and 47.
58. Supra note 30.
59. Decision on Request for leave to appeal the 'Decision on the Requests of the OPCD on the Production of Relevant Supporting Documentation Pursuant to Regulation 86(2)(e) of the Regulations of the Court and on the Disclosure of Exculpatory Materials by the Prosecutor', Situation in the Democratic Republic of Congo (ICC-01/04-438), Pre-Trial Chamber I, Single Judge Steiner, 23 January 2008. Decision on Request for leave to appeal the 'Decision on the Requests of the OPCD on the Production of Relevant Supporting Documentation Pursuant to Regulation 86(2)(e) of the Regulations of the Court and on the Disclosure of Exculpatory Materials by the Prosecutor', Situation in Darfur (ICC-02/05-118), Pre-Trial Chamber I, Single Judge Akua Kuenyehia, 23 January 2008.
60. Decision on the Prosecution, OPCD and OPCV Requests for Leave to Appeal the Decision on the Applications for Participation of Victims in the Proceedings in the Situation', Situation in the Democratic Republic of Congo (ICC-01/04-444), Pre-Trial Chamber I, Single Judge Steiner, 6 February 2008, at 6 and 15.
61. Ibid.
62. With respect to the interpretation of the framework for victims' participation reference is also made to the decision by the Single Judge of Pre-Trial Chamber II in the Situation in Uganda. With the Decision on the Prosecution's Application for Leave to Appeal the Decision on Victims' Applications for Participation a/0010/06, a/0064/06 to a/0070/ 06, a/0081/06 to a/0104/06 and a/0111/06 to a/0127/06 (ICC-02/04-112 of 20 December 2007) the Single Judge rejected the Prosecution's application for leave to appeal the decision by which status to certain victims to participate in the proceedings was granted.
63. Supra note 34.