Proposal for an International Criminal Court

1952 ◽  
Vol 46 (1) ◽  
pp. 60-72 ◽  
Author(s):  
Quincy Wright
Keyword(s):  
United Nations ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
General Assembly ◽  
Member States ◽  
Criminal Jurisdiction ◽  
Draft Statute ◽  
The United Nations

The Committee on International Criminal Jurisdiction appointed by the General Assembly of the United Nations met in Geneva in August, 1951. Its report, accompanied by a Draft Statute for an International Criminal Court, has been submitted to the, governments of Member States for comment before June 1, 1952.

Part 12 Financing: Financement, Art.115 Funds of the Court and of the Assembly of States Parties/Ressources financières de la cour et de l’assemblée des états parties

2016 ◽  
Author(s):  
Schabas William A
Keyword(s):  
United Nations ◽  
Security Council ◽  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Criminal Court ◽  
General Assembly ◽  
The United Nations

This chapter comments on Article 115 of the Rome Statute of the International Criminal Court. Article 115, in a sense, completes article 114, confirming that the funds of the Court are derived from the States Parties. Specifically, it states that the expenses of the Court and the Assembly of States Parties, including its Bureau and subsidiary bodies, as provided for in the budget decided by the Assembly of States Parties, shall be provided the following sources: assessed contributions made by States Parties; and funds provided by the United Nations, subject to the approval of the General Assembly, in particular in relation to the expenses incurred due to referrals by the Security Council.

scholarly journals ESTABLISHMENT AND ACTIVITIES OF THE INTERNATIONAL CRIMINAL COURT: CHALLENGE FOR XXI CENTURY

2015 ◽  
Vol 1 (70) ◽  
pp. 20
Author(s):  
Jānis Grasis
Keyword(s):  
United Nations ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
Crimes Against Humanity ◽  
Special Treatment ◽  
Member States ◽  
Legal Proceedings ◽  
The United Nations ◽  
Positive Step

Without any doubts, we have to recognize that the establishment of International Criminal Court (ICC) is positive step in international humanitarian and criminal law, in order to call to account persons, who has committed the most serious war crimes, crimes against humanity or genocide. The authority of the ICC internationally reduces the fact that United States of America and Russian Federation have not become member states of the ICC. The brief analysis of the court practice of the ICC proves that ICC acts according to the rule of law, taking into account its independent status. In order to improve legal proceedings of the ICC, we have to find innovative mechanisms in cooperation with bodies and institutions of the United Nations Organization, to push the Member states of the United Nations Organization to actively cooperate with ICC; for example – to execute orders of the arrest of the accused persons. The special treatment must be in cases, when Heads of the State has been accused.

The Role of UN Documentation in Shaping Narratives at the International Criminal Court and the Implications for the Rights of the Accused

2022 ◽  
pp. 1-26
Author(s):  
Anne Herzberg
Keyword(s):  
United Nations ◽  
International Criminal Court ◽  
International Criminal ◽  
International Community ◽  
Criminal Court ◽  
Close Cooperation ◽  
The United Nations ◽  
Primary Basis

Abstract The International Criminal Court (icc) is an independent treaty-based international organisation acting in close cooperation with the United Nations (UN). To that end, organs of the Court have extensively relied on UN documentation in proceedings. These materials have been used to support grounds for the exercise of jurisdiction, demonstrate legal elements of crimes, and prove matters of fact. In recent practice, including in the situations of Palestine, Bangladesh/Myanmar, and Mali, UN materials have been used to establish legal and factual matters on the primary basis that they represent the ‘views of the international community’. This paper examines the ways in which Court organs rely on UN documentation in icc proceedings. It assesses the interplay of such information with rights of the accused. The paper concludes that in order to safeguard its credibility and the fairness of the proceedings, the Court should adopt specific guidelines relating to the evaluation of and admissibility of UN materials.

I. The Preparatory Commission for the International Criminal Court

2001 ◽  
Vol 50 (2) ◽  
pp. 420-435 ◽  
Author(s):  
Colin Warbrick ◽  
Dominic McGoldrick ◽  
Christine Byron ◽  
David Turns
Keyword(s):  
United Nations ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
The United Nations ◽  
Take All

The Preparatory Commission (PrepCom) was established by Resolution F of the Final Act of the United Nations Conference of Plenipotentiaries on the Establishment of an International Criminal Court (ICC). Under this resolution the PrepCom is intended to “take all possible measures to ensure the coming into operation of the International Criminal Court without undue delay”, and “to make the necessary arrangements for the commencement of [the Court's] functions”.1

Part 13 Final Clauses: Clauses Finales, Art.126 Entry into force/Entrée en vigueur

2016 ◽  
Author(s):  
Schabas William A
Keyword(s):  
United Nations ◽  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Criminal Court ◽  
Secretary General ◽  
The United Nations

This chapter comments on Article 126 of the Rome Statute of the International Criminal Court. Article 126 deals with the entry into force of the Rome Statute. The Statute entered into force on the first day of the month after the sixtieth day following the date of the deposit of the sixtieth instrument of ratification, acceptance, approval, or accession with the Secretary-General of the United Nations, that is, on July 1, 2002. For States that ratify, accept, approve, or accede after the entry into force of the Statute, it will enter into force for them on the first day of the month after the sixtieth day following the deposit of instruments of ratification, acceptance, approval, or accession.

Part 13 Final Clauses: Clauses Finales, Art.127 Withdrawal/Retrait

2016 ◽  
Author(s):  
Schabas William A
Keyword(s):  
United Nations ◽  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Criminal Court ◽  
The State ◽  
Secretary General ◽  
State Party ◽  
The United Nations ◽  
One Year

This chapter comments on Article 127 of the Rome Statute of the International Criminal Court. Article 127 addresses the withdrawal of a State Party from this Statute. A State may withdraw from the Rome Statute by providing a written notification to the depositary, the Secretary-General of the United Nations. The withdrawal takes effect one year after receipt of the notification by the Secretary-General, unless a later date is specified. There have been no notifications of withdrawal from the Rome Statute. The Statute does not indicate whether a notice of withdrawal can itself be withdrawn, thereby returning the State to ordinary status as a Party. Withdrawal does not affect the continuation of the Statute with respect to other States Parties, even if the number of them falls below the threshold of sixty.

Cooperation Between the United Nations and the International Criminal Court

2013 ◽  
Vol 10 (1) ◽  
pp. 223-246
Author(s):  
Tamara Cummings-John
Keyword(s):  
United Nations ◽  
International Criminal Court ◽  
Rome Statute ◽  
Administrative Support ◽  
International Criminal ◽  
Criminal Court ◽  
Recent Developments ◽  
The United Nations ◽  
Judicial Assistance ◽  
The Relationship

As contemplated by the Rome Statute of the International Criminal Court (‘Court’), the United Nations and the Court entered into a Relationship Agreement in 2004. The Relationship Agreement provides a framework for cooperation between the United Nations and the Court, including through logistical or administrative support to the Court, in particular in countries where the Prosecutor has opened investigations or is conducting preliminary examinations. The United Nations also provides substantive support and judicial assistance to the Court’s organs, in particular to the Prosecutor, but also increasingly now to the Defence, by making available documents and information generated or obtained by the United Nations and its various field presences. United Nations staff and experts have also been made available to the Court for interview and some have testified before the Court, for which the United Nations Secretary-General has to waive their immunity. This commentary provides an update on recent developments in two areas of cooperation between the United Nations and the court: information sharing, and contact with persons subject to warrants or summonses.

scholarly journals The African Union, the United Nations Security Council and the Politicisation of International Justice in Africa

2014 ◽  
Vol 7 (3) ◽  
pp. 351-379 ◽  
Author(s):  
Benson Chinedu Olugbuo
Keyword(s):  
United Nations ◽  
Security Council ◽  
International Criminal Court ◽  
International Criminal ◽  
Criminal Court ◽  
United Nations Security Council ◽  
African Union ◽  
African Countries ◽  
The United Nations ◽  
The Relationship

There are two questions with multiple answers regarding the relationship between Africa and the International Criminal Court. The first is whether the International Criminal Court is targeting Africa and the second is if politics plays any role in the decision to investigate and prosecute crimes within the jurisdiction of the International Criminal Court. For the African Union, the International Criminal Court has become a western court targeting weak African countries and ignoring the atrocities committed by big powers including permanent members of the United Nations Security Council. The accusation by the African Union against the International Criminal Court leads to the argument that the International Criminal Court is currently politised. This is a charge consistently denied by the prosecutor of the International Criminal Court. The aim of this paper is to discuss the relationship between the United Nations Security Council, the International Criminal Court and the African Union. It articulates the role of the three institutions in the fight against impunity and the maintenance of international peace and security with reference to the African continent. The paper argues that complementarity should be applied to regional organisations and that the relationship between the African Union and the International Criminal Court should be guided by the application of positive complementarity and a nuanced approach to the interests of justice. This offers the International Criminal Court and the African Union an opportunity to develop mutual trust and result-oriented strategies to confront the impunity on the continent. The paper further argues that the power of the United Nations Security Council to refer situations to the International Criminal Court and defer cases before the Court is a primary source of the disagreement between the prosecutor and the African Union and recommends a division of labour between the International Criminal Court and the United Nations Security Council.

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