", "Africa and the International Criminal Court: A drag net that catches only small fish?". Wählen Sie aus erstklassigen Inhalten zum Thema Cour Pénale Internationale in höchster Qualität. Les juges de la CPI mènent les procédures judiciaires, en veillant à leur déroulement équitable. Traductions en contexte de "Cour pénale internationale" en français-anglais avec Reverso Context : la cour pénale internationale, de rome de la cour pénale internationale, statut de la cour pénale internationale, création d'une cour pénale internationale, la création d'une cour pénale internationale 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." [79] In addition, article 70 defines offences against the administration of justice, which is a fifth category of crime for which individuals can be prosecuted. cabinet d'avocats pénalistes It means that the ICC acts inconsistently in its selection of cases, is prevented from taking on hard cases and loses legitimacy. [102] Even if an investigation is closed without any criminal charges being filed or if an accused person is acquitted by a national court, the Court will not prosecute an individual for the crime in question so long as it is satisfied that the national proceedings were legitimate. Et cela vaut encore aujourd’hui. [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. [17], In 2010 the states parties of the Rome Statute held the first Review Conference of the Rome Statute of the International Criminal Court in Kampala, Uganda. Europe – From Lubanga to Kony, is the ICC only after Africans? Some advocates have suggested that the ICC go "beyond complementarity" and systematically support national capacity for prosecutions. NGOs have been crucial to the evolution of the ICC, as they assisted in the creation of the normative climate that urged states to seriously consider the Court's formation. Participating victims and witnesses are protected, Les victimes et les témoins qui participent sont protégés, La sensibilisation et l'information instaurent un véritable dialogue, Interacting with communities affected by crimes, Les équipes de l’Accusation sont indépendantes, Les droits des personnes mises en cause sont respectés, Interaction avec les communautés affectées par des crimes. The convention was signed by 13 states, but none ratified it and the convention never entered into force. Article 6 defines the crime of genocide as "acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group". Antoinette Mukeshimana famer at home. The ICC has four principal organs: the Presidency, the Judicial Divisions, the Office of the Prosecutor, and the Registry. The Statute contains three jurisdictional requirements and three admissibility requirements. [103][102], The Court will only initiate proceedings if a crime is of "sufficient gravity to justify further action by the Court". The Lubanga[174] and Katanga-Chui trials in the situation of the DR Congo are concluded. ​​. "Transnational Crime." It is totally unacceptable. Julien Kouanga. (See International Criminal Court, 2008: International Criminal Court, 18 October 2005. International Criminal Court, January 2007. International Criminal Court, 18 October 2007. The Prosecutor previously closed the preliminary examination of the situation on registered vessels of the Comoros, Greece and Cambodia on 6 November 2014, but reconsidered her decision following a request by the Pre-Trial Chamber on 29 November 2017 and revised the final decision on 2 December 2019. The ICC is the first and only permanent international court with jurisdiction to prosecute individuals for the international crimes of genocide, crimes against humanity, war crimes, and the crime of aggression. See all 11 avril 2002 Reportage consacré à la naissance de la cour pénale internationale. Initially the thorny issue of the actual application of the complementarity principle arose in 2008, when William Schabas published his influential paper. We have seen international justice become more and more a political matter." Individuals can only be prosecuted for crimes that took place on or after 1 July 2002, which is the date that the Rome Statute entered into force. Retrieved 11 June 2020. International Criminal Court, 1 February 2007. International Criminal Court, August 2006. [53], The Prosecutor or any person being investigated or prosecuted may request the disqualification of a judge from "any case in which his or her impartiality might reasonably be doubted on any ground". [45], The Office of the Prosecutor (OTP) is responsible for conducting investigations and prosecutions. Title La Cour pénale internationale : l'Afrique face au défi de l'impunité / Alioune Tine. Ivory Coast's government opted not to transfer former first lady Simone Gbagbo to the court but to instead try her at home. [269] The CICC coordinates their efforts to improve the efficiency of NGOs' contributions to the Court and to pool their influence on major common issues. [61] While a policy paper does not give the Court jurisdiction over a new category of crimes, it promises what the Office of Prosecutor will consider when selecting cases in the upcoming term of service. Grâce à la coopération des États, 17 personnes ont été détenues au [139], In relation to co-operation in investigation and evidence gathering, it is implied from the Rome Statute[143] that the consent of a non-party state is a prerequisite for ICC Prosecutor to conduct an investigation within its territory, and it seems that it is even more necessary for him to observe any reasonable conditions raised by that state, since such restrictions exist for states party to the Statute. A Policy Paper is a document published by the Office of the Prosecutor occasionally where the particular considerations given to the topics in focus of the Office and often criteria for case selection are stated. Situation in Georgia, Public Document with Confidential, EX PARTE, Annexes A, B, C, D.2, E.3, E.7, E.9, F, H and Public Annexes 1, D.1, E.1, E.2, E.4, E.5, E.6, E.8, G, I, J, ICC‐01/15‐4 13‐10‐2015 1/160 EO PT, pp. International Criminal Court (9 November 2006). more. efficacy of justice as a means to peace". "[130] Article 68 sets out procedures for the "Protection of the victims and witnesses and their participation in the proceedings. [52] Judges are elected to the Court by the Assembly of States Parties. "[131] The Court has also established an Office of Public Counsel for Victims, to provide support and assistance to victims and their legal representatives. Antoinette Mukeshimana. [87], There are 11 crimes which constitute grave breaches of the Geneva Conventions and which are applicable only to international armed conflicts:[85], There are seven crimes which constitute serious violations of article 3 common to the Geneva Conventions and which are applicable only to non-international armed conflicts:[85], Additionally, there are 56 other crimes defined by article 8: 35 that apply to international armed conflicts and 21 that apply to non-international armed conflicts. [21] Following the imposition of sanctions on 11 June 2020 by the Trump administration, the court branded the sanctions an "attack against the interests of victims of atrocity crimes" and an "unacceptable attempt to interfere with the rule of law". An, If there was a warrant of arrest, the dates of transfer to the International Criminal Court (. 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. Media in category "International Criminal Court" The following 29 files are in this category, out of 29 total. Resolution 6, pursuant to Article 5(2) of the Statute, provided the definition and a procedure for jurisdiction over the crime of aggression. The Court's management oversight and legislative body, the Assembly of States Parties, consists of one representative from each state party. The CICC also claims organizations that are themselves federations, such as the International Federation of Human Rights Leagues (FIDH). All criteria must be met for a case to proceed. [54] Any request for the disqualification of a judge from a particular case is decided by an absolute majority of the other judges. Le Procureur effectue des examens préliminaires, mène des enquêtes et il est le seul à pouvoir porter des affaires devant la Cour. The factors listed in Article 53 considered for reasonable basis include whether the case would be admissible, and whether there are substantial reasons to believe that an investigation would not serve the interests of justice (the latter stipulates balancing against the gravity of the crime and the interests of the victims).[78]. [57] The current law in the United States on the ICC is the American Service-Members' Protection Act (ASPA), 116 Stat. L’Allemagne a d’emblée fait partie de ses fervents partisans. 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. Until late 2015, the ICC was housed in interim premises in The Hague provided by the Netherlands. ), 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. [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.". The amount payable by each state party is determined using the same method as the United Nations:[167] each state's contribution is based on the country's capacity to pay, which reflects factors such as a national income and population. “The US government has reason to doubt the honesty of the ICC. [139] As for the actions that ICC can take towards non-party states that do not co-operate, the Rome Statute stipulates that the Court may inform the Assembly of States Parties or Security Council, when the matter was referred by it, when non-party state refuses to co-operate after it has entered into an ad hoc arrangement or an agreement with the Court. 2 langues de travail : anglais et français. He also criticized Palestinian efforts to bring Israel before the ICC over allegations of human rights abuses in the West Bank and Gaza. The Court's Pre-Trial Chambers have publicly indicted 44 people. The Court is participating in a global fight to end impunity, and through international criminal justice, the Court aims to hold those responsible accountable for their crimes and to help prevent these crimes from happening again. "Ukraine accepts ICC jurisdiction over alleged crimes committed since 20 February 2014", Assembly of States Parties of the International Criminal Court, "Uganda to host Rome Statute Review Conference " The Hague Justice Portal", "New ICC Presidency elected for 2018–2021", "International Criminal Court elects first woman president", The Assembly of States Parties to the Rome Statute opens its tenth session, "Is the ICC Reconsidering its Policy on the "Interests of Justice"? La Cour noue un dialogue direct avec les communautés qui ont subi des crimes relevant de sa compétence. Ces éléments sont fondamentaux pour construire un avenir exempt de violence.​. [300] It is also argued that justice is a means to peace: "As a result, the ICC has been used as a means The ICC, said Bolton, is "superfluous" given that "domestic judicial systems already hold American citizens to the highest legal and ethical standards." Over 900 staff members: From approximately 100 States. [18] The Review Conference led to the adoption of two resolutions that amended the crimes under the jurisdiction of the Court. Jean-Marie Henckaerts & Louise Doswald-Beck, 2005. No statute of limitations applies to any of the crimes defined in the Statute. [37] Four signatory states—Israel, Sudan, the United States and Russia[38]—have informed the UN Secretary General that they no longer intend to become states parties and, as such, have no legal obligations arising from their signature of the Statute. [62] La Cour participe à une lutte mondiale visant à mettre un terme à l’impunité et s’emploie, au moyen de la justice internationale, à amener les auteurs des crimes à répondre de leurs actes et à contribuer à empêcher que ces crimes ne soient à nouveau perpétrés. Vertalingen in context van "la cour pénale internationale" in Frans-Nederlands van Reverso Context: statut de la cour pénale internationale ​​Ces objectifs, la Cour ne peut pas les atteindre seule. [135] Reparations can include compensation, restitution and rehabilitation, but other forms of reparations may be appropriate for individual, collective or community victims. plus. 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. avocat Avocat à la Cour. 10th Anniversary of the International Criminal Court (7413310314).jpg 2,136 × 1,424; 1.31 MB. [25] A decision by the High Court of South Africa in early 2017 ruled that withdrawal would be unconstitutional, prompting the South African government to inform the UN that it was revoking its decision to withdraw. ICC case information sheet on the Mudacumura case. The CICC has 2,500 member organizations in 150 different countries. Individuals can only be prosecuted for crimes that are listed in the Statute. ICC judges conduct judicial proceedings and ensure the fairness of proceedings. [134] So far the Court has ordered reparations against Thomas Lubanga. [20] The current administration of Donald Trump is considerably more hostile to the Court, threatening prosecutions and financial sanctions on ICC judges and staff in US courts as well as imposing visa bans in response to any investigation against American nationals in connection to alleged crimes and atrocities perpetrated by the US in Afghanistan. [170], To date, the Prosecutor has opened investigations in thirteen situations: Afghanistan; Burundi; two in the Central African Republic; Côte d'Ivoire; Darfur, Sudan; the Democratic Republic of the Congo; Georgia; Kenya; Libya; Mali; Uganda; and Bangladesh/Myanmar. 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. OBJECTIFS : L'objectif principal est la formation des avocats, des magistrats, des praticiens du droit en matière de droit pénal international et de procédure pénale internationale. On 26 June 2016 the first condition was satisfied[90] and the state parties voted in favor of allowing the Court to exercise jurisdiction on 14 December 2017. "DRC army says Rwandan Hutu rebel commander Mudacumura killed", ICC case information sheet on the Kony-Otti case, ICC case information sheet on the Ongwen case, ICC case information sheet on the Bemba case, ICC case information sheet on the Haroun-Kushayb case, Kushayb case: Pre-Trial Chamber II makes public a second warrant of arrest and schedules a first appearance on 15 June, ICC case information sheet on the al-Bashir case, ICC case information sheet on the Abu Garda case, ICC case information sheet on the Banda case, ICC case information sheet on the Hussein case, ICC case information sheet on the Ruto-Sang case, ICC case information sheet on the Kenyatta case, The Prosecutor v. Paul Gicheru and Philip Kipkoech Bett, ICC case information sheet on the Gaddafi case, ICC case information sheet on the Khaled case, ICC case information sheet on the al-Werfalli case, ICC case information sheet on the L. Gbagbo-Blé Goude case, ICC case information sheet on the Simone Gbagbo case, ICC case information sheet on the al-Mahdi case, ICC case information sheet on the Al Hassan case, ICC case information sheet on the Yekatom-Ngaïssona case, International Criminal Court's investigation into Alleged crimes against humanity and war crimes committed in Afghanistan since 1 May 2003, Situation in the People’s Republic of Bangladesh/Republic of the Union of Myanmar, "Abadir M. Ibrahim, The International Criminal Court in Light of Controlling Factors of the Effectiveness of International Human Rights Mechanisms, 7 Eyes on the International Criminal Court (2011)", "ICC and Africa – International Criminal Court and African Sovereignty", "African Union accuses ICC prosecutor of bias", "Is this the end for the International Criminal Court? The Office of the Prosecutor is headed by the Prosecutor who investigates crimes and initiates criminal proceedings before the Judicial Division. The definition of these crimes is identical to those contained within the Convention on the Prevention and Punishment of the Crime of Genocide of 1948. Resolution 5 amended Article 8 on war crimes, criminalizing the use of certain kinds of weapons in non-international conflicts whose use was already forbidden in international conflicts. 1980 – 1985 5 years. 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. Indicted but died before the trial and/or appeal (where applicable) was concluded. It is then up to the Prosecutor acting ex proprio motu ("of his own motion" so to speak) to initiate an investigation under the requirements of Article 15 of the Rome Statute. The Court seeks global cooperation to protect all people from the crimes codified in the Rome Statute. [179][180] Preliminary investigations were closed in Gabon; Honduras; registered vessels of Comoros, Greece, and Cambodia; South Korea; and Venezuela on events since 1 July 2002. Status of Treaties. "Nice idea, now make it work; The International Criminal Court is struggling to justify itself amid accusations of bias against Africa", Immunity of state officials from foreign criminal jurisdiction – Bibliographies on the topics of the International Law Commission (no. [91], The Statute, as amended, defines the crime of aggression as "the planning, preparation, initiation or execution, by a person in a position effectively to exercise control over or to direct the political or military action of a State, of an act of aggression which, by its character, gravity and scale, constitutes a manifest violation of the Charter of the United Nations.   Investigation pending authorization Beyond Complementarity: The International Criminal Court and National Prosecutions, a View from Haiti, International Military Tribunal for the Far East, International Criminal Tribunal for the former Yugoslavia, International Criminal Tribunal for Rwanda, Coalition for the International Criminal Court, Rome Statute of the International Criminal Court, Review Conference of the Rome Statute of the International Criminal Court, National Security Advisor of the United States, States parties to the Rome Statute of the International Criminal Court, Presidency of the International Criminal Court, Judges of the International Criminal Court, Prosecutor of the International Criminal Court, Convention on the Prevention and Punishment of the Crime of Genocide, Deportation or forcible transfer of population, United Nations General Assembly Resolution 3314, People detained by the International Criminal Court § Detention centre, International Criminal Court investigations, International Federation of Human Rights Leagues, General debate of the sixty-eighth session of the United Nations General Assembly, Agreement on the Privileges and Immunities of the International Criminal Court, "The International Criminal Court: An Introduction", "Reasonable Doubt: The Case Against the Proposed International Criminal Court", "Election of Mr Arthur N.R. 0 connections. [108] In accordance with the Rome Statute, a person shall be criminally responsible and liable for punishment for a crime within the jurisdiction of the Court if that person: Commits such a crime, whether as an individual, jointly with another or through another person, regardless of whether that other person is criminally responsible;[109] Orders, solicits or induces the commission of such a crime which in fact occurs or is attempted;[110] For the purpose of facilitating the commission of such a crime, aids, abets or otherwise assists in its commission or its attempted commission, including providing the means for its commission;[111] In any other way contributes to the commission or attempted commission of such a crime by a group of persons acting with a common purpose. [179], Key: [264], The Court cooperates with the UN in many different areas, including the exchange of information and logistical support. La CPI est la première cour pénale internationale permanente créée pour contribuer à mettre fin à l'impunité des auteurs des crimes les plus graves qui touchent l'ensemble de la communauté internationale, à savoir les crimes de guerre, les crimes contre l'humanité, le génocide et le crime d'agression. However, NGOs are also "sources of criticism, exhortation and pressure upon" the ICC. Les juges de la CPI ont délivré 35 mandats d'arrêt. Robinson to the Board of Directors of the Victims Trust Fund", "Draft Statute for an International Criminal Court, 1994", "Results of the Rome Conference for an International Criminal Court", "The International Criminal Court – A Historic Development in the Fight for Justice", "Warrant of Arrest Unsealed Against Five LRA Commanders", "Prosecutor Presents Evidence That Could Lead to First ICC Trial", "ICC finds Congo warlord Thomas Lubanga guilty", "US Threatens International Criminal Court", "U.N. regrets Trump move against ICC, says court must be protected", "International Criminal Court hits back at US over sanctions", "Gambia is the latest African country deciding to pull out of International Criminal Court", "Burundi Quits International Criminal Court", South Africa Reverses Withdrawal From International Criminal Court, "ICC prosecutor requests investigation into U.S. military, CIA for alleged war crimes in Afghanistan", "Senior ICC judges authorise Afghanistan war crimes inquiry", "Trump targets ICC with sanctions after court opens war crimes investigation", "Philippines becomes second country to quit ICC", 'Human rights lawyers sue Trump administration for 'silencing' them ,', United Nations Treaty Database entry regarding the Rome Statute of the International Criminal Court, "Reference: C.N.805.2016.TREATIES-XVIII.10 (Depositary Notification)", The 1969 Vienna Convention on the Law of Treaties. 1 howard morrison 2018.jpg 4,222 × 4,197; 12.79 MB. See who you know in common; Get introduced; Contact Antoinette directly; Join to view full profile Others named Antoinette Mukeshimana. Temporal jurisdiction is the time period over which the Court can exercise its powers. [80] There are five such acts which constitute crimes of genocide under article 6:[81]. Indicted and has had at least first appearance; trial has not yet begun. It's free! N. Sakkoulas Publications), (2017), pp. [4][89] Such an amendment was adopted at the first review conference of the ICC in Kampala, Uganda, in June 2010. This number is two more than the number of. [88], Article 8 bis defines crimes of aggression. La Cour pénale internationale encourage tout particulièrement les candidatures féminines. The threat included sanctions against any of over 120 countries which have ratified the Court for cooperating in the process. As of November 2019, there are 123 ICC member states; 42 states have neither signed nor become parties to the Rome Statute. Cour Pénale Internationale. [125] However, Thomas Lubanga's defence team say they were given a smaller budget than the Prosecutor and that evidence and witness statements were slow to arrive.[126]. If it does, the Office begins a preliminary examination by first considering whether the alleged crimes fall within the subject-matter jurisdiction of the Court (phase 2). "[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. [297] The United States ordered sactions against the ICC prosecutor Fatou Bensouda, and the ICC's head of Jurisdiction, Complementary, and Cooperation Division, Phakiso Mochochok for an investigation into alleged war crimes by U.S. forces and the Central Intelligence Agency (CIA) in Afghanistan since 2003. [288] The High Court of South Africa ruled on 2 February 2017 that the South African government's notice to withdraw was unconstitutional and invalid. [166] As of 18 October 2007, the Court had field offices in Kampala, Kinshasa, Bunia, Abéché and Bangui.[166]. 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. Author Konaté, Dindio. 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. [99] If a state became party to the Statute, and therefore a member of the Court, after 1 July 2002, then the Court cannot exercise jurisdiction prior to the membership date for certain cases. L'ABCPI s'exprime collectivement au nom de ses membres, met à leur disposition un ensemble de services et constitue … The ASPA authorizes the President of the United States to use "all means necessary and appropriate to bring about the release of any U.S. or allied personnel being detained or imprisoned by, on behalf of, or at the request of the International Criminal Court." CICC members ascribe to three principles that permit them to work under the umbrella of the CICC, so long as their objectives match them: The NGOs that work under the CICC do not normally pursue agendas exclusive to the work of the Court, rather they may work for broader causes, such as general human rights issues, victims' rights, gender rights, rule of law, conflict mediation, and peace. La création du Statut de Rome en 1998 a constitué en soi un évènement historique, qui a marqué une étape importante dans les efforts déployés par l'humanité pour rendre le monde plus juste. Voir tous les