Measuring the International Criminal Court against Bingham's Ideal of the Rule of Law: Are Procedural Safeguards Sufficient?

2013 ◽  
Author(s):  
Martin Browne
Keyword(s):  
Rule Of Law ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
The Rule Of Law ◽  
Procedural Safeguards

The ICC Prosecutor and Positive Complementarity: Strengthening the Rule of Law?

2013 ◽  
Vol 13 (3) ◽  
pp. 507-591 ◽  
Author(s):  
Justine Tillier
Keyword(s):  
Civil Society ◽  
Rule Of Law ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
International Organisations ◽  
The Rule Of Law ◽  
International Crimes ◽  
Preliminary Examination

The purpose of this study is to examine the practice of the Prosecutor of the International Criminal Court with regard to his/her policy of positive complementarity. This policy aims at encouraging domestic jurisdictions to investigate and prosecute perpetrators of core international crimes. In order to achieve this goal, the Prosecutor can act at various stages of the proceedings. First at the preliminary examination phase, where he/she will determine if conditions of admissibility are met, and secondly at the investigation and prosecution phases of the proceedings. This study shows that the ability of the Prosecutor to pursue such a policy is real, but limited, as his/her core mandate, is to bring perpetrators of international crimes before the International Criminal Court. Consequently, the implementation of the policy of positive complementarity must be envisioned in collaboration with other actors working on Rule of Law Programs. In this respect, the Prosecutor must engage in cooperation with international organisations and civil society actors.

scholarly journals Building criminal accountability at the global level: the ICC and its discontents

2017 ◽  
Vol 13 (1) ◽  
Author(s):  
Chris Gallavin ◽  
Kennedy Graham
Keyword(s):  
Rule Of Law ◽  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Criminal Court ◽  
Global Level ◽  
The Rule Of Law ◽  
Peace And Security ◽  
Age Of Accountability ◽  
United Nations Charter

With the negotiation of the 1998 Rome Statute of the International Criminal Court (ICC), we all believed we had entered a new age: an age of unheralded peace and security, of justice, of an end to impunity; an age of accountability.  At the time we believed the statute to be the biggest advance for peace and security through the rule of law since the United Nations Charter of 1945. 

scholarly journals President Trump Authorizes Economic Sanctions and Visa Restrictions Aimed at International Criminal Court

2020 ◽  
Vol 114 (4) ◽  
pp. 775-778
Keyword(s):  
Rule Of Law ◽  
International Criminal Court ◽  
International Criminal ◽  
Family Members ◽  
Economic Sanctions ◽  
Criminal Court ◽  
Executive Order ◽  
The Rule Of Law ◽  
International Crimes ◽  
Trump Administration

In the spring of 2020, the Appeals Chamber of the International Criminal Court (ICC) authorized the ICC's prosecutor to investigate alleged international crimes committed in Afghanistan. The Trump administration strongly condemned this decision. In an escalation of retaliatory measures against the ICC, President Trump signed an executive order authorizing economic sanctions against foreign persons involved in the investigation and visa restrictions against those persons and their immediate family members. The ICC described these actions as a threat to the rule of law.

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