International Criminal Proceedings
The International Criminal Court (ICC)
The International Criminal Court (ICC) was founded based on the Rome Statute that entered into force on 1 July 2002 after ratification by 60 countries. It is the first permanent, treaty based, international criminal court established to help end impunity for the perpetrators of the most serious crimes of concern to the international community. The ICC is an independent international organization, and is not part of the United Nations system. Its seat is at The Hague in the Netherlands. It is today joined by 114 countries.
The Rome Statute gives jurisdiction to the ICC to prosecute individuals responsible for the most serious crimes of international concern (genocide, crimes against humanity and war crimes) committed after the entry into force of its statute. Proceedings before the ICC may be initiated by a State Party, the Prosecutor or the United Nations Security Council. Yet, the jurisdiction of the ICC shall be complementary to national courts, which means that the Court will only act when countries themselves are unable or unwilling to investigate or prosecute. [1]
Access to website: www.icc-cpi.int
The International Criminal Tribunal for Yugoslavia (ICTY)
The International Criminal Tribunal for the former Yugoslavia (ICTY) is a United Nations court of law dealing with war crimes that took place during the conflicts in the Balkans in the 1990’s. In accordance with its Statute, the ICTY has jurisdiction over the territory of the former Yugoslavia from 1991 onwards. It has jurisdiction over individual persons and not organizations, political parties, army units, administrative entities or other legal subjects. It is located in the Hague, the Netherlands. Although the ICTY and national courts have concurrent jurisdiction over serious violations of international humanitarian law committed in the former Yugoslavia, the ICTY can claim primacy and may take over national investigations and proceedings at any stage if this proves to be in the interest of international justice. It can also refer its cases to competent national authorities in the former Yugoslavia. Similarly as with the ICC, the ICTY has authority to prosecute and try individuals on four categories of offences: grave breaches of the 1949 Geneva conventions, violations of the laws or customs of war, genocide and crimes against humanity. [2]
Access to website: www.icty.org
The International Criminal Tribunal for Rwanda (ICTR)
The International Criminal Tribunal for Rwanda was established by a UN Security Council Resolution 955 of 8 November 1994. It has jurisdiction over the prosecution of persons responsible for genocide and other serious violations of international humanitarian law committed in the territory of Rwanda between 1 January 1994 and 31 December 1994. It may also deal with the prosecution of Rwandan citizens responsible for genocide and other such violations of international law committed in the territory of neighboring States during the same period. It is located in Arusha, United Republic of Tanzania. The International Criminal Tribunal for Rwanda is governed by its Statute, which is annexed to Security Council Resolution 955, and has authority to prosecute and try individuals on four categories of offences: genocide, crimes against humanity, violation of common article 3 to the Geneva conventions and of additional protocol II. [3]
Access to website: www.ictr.org
The Special Court of Sierra Leone (SCSL)
The Special Court for Sierra Leone was set up jointly by the Government of Sierra Leone and the United Nations. It is mandated to try those who bear the greatest responsibility for serious violations of international humanitarian law and Sierra Leonean law committed in the territory of Sierra Leone since 30 November 1996. [4]
Access to website: www.sc-sl.org
Extraordinary Chambers in the Court of Cambodia
In 2001 the Cambodian National Assembly passed a law to create a court to try serious crimes committed during the Khmer Rouge regime 1975-1979. This court is called the Extraordinary Chambers in the Courts of Cambodia for the Prosecution of Crimes Committed during the Period of Democratic Kampuchea. The government of Cambodia insisted that, for the sake of the Cambodian people, the trial must be held in Cambodia using Cambodian staff and judges together with foreign personnel.
Cambodia invited international participation due to the weakness of the Cambodian legal system and the international nature of the crimes, and to help in meeting international standards of justice. An agreement with the UN was ultimately reached in June 2003 detailing how the international community will assist and participate in the Extraordinary Chambers. This special court was created by the government and the UN but it will be independent of them. It is a Cambodian court with international participation that will apply international standards. It will provide a new role model for court operations in Cambodia. [5]
Access to Website: http://www.eccc.gov.kh/english/about_eccc.aspx
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1. See ICC website : http://www.icc-cpi.int/Menus/ICC/About+the+Court/ (accessed on 24 February 2011)
2. See ICTY Website : http://www.icty.org/sid/320 (accessed on 24 February 2011)
3. See ICTR Website: http://www.unictr.org/AboutICTR/GeneralInformation/tabid/101/Default.aspx (accessed on 24 February 2011)
4. See SCSL Website: http://www.sc-sl.org/ABOUT/tabid/70/Default.aspx (accessed on 24 February 2011)
5. See Extraordinary Chambers in the Court of Cambodia Website: http://www.eccc.gov.kh/english/about_eccc.aspx (accessed on 24 February 2011) |
