The Rome Statute of the ICC at Its Twentieth Anniversary最新文献

Making the Wrong Enemies? The icc Prosecutor’s Dilemma When Targeting Powerful States at the Preliminary Examination Stage 制造错误的敌人?国际刑事法院检察官在预审阶段针对强国的困境

The Rome Statute of the ICC at Its Twentieth Anniversary Pub Date : 2018-12-21 DOI: 10.1163/9789004387553_009

I. Marchuk, Aloka Wanigasuriya

引用次数: 0

On the Activation of icc Jurisdiction over the Crime of Aggression 论国际刑事法院对侵略罪管辖权的激活

The Rome Statute of the ICC at Its Twentieth Anniversary Pub Date : 2018-12-21 DOI: 10.1163/9789004387553_005

Claus Kress

引用次数: 37

Al-Bashir and the icc – Tag, Hide-and-Seek … or Rather Blind Man’s Bluff? 巴希尔与国际刑事法院——捉迷藏，还是瞎子的虚张声势?

The Rome Statute of the ICC at Its Twentieth Anniversary Pub Date : 2018-12-21 DOI: 10.1163/9789004387553_012

Ondřej Svaček

引用次数: 1

The Rome Statute of the icc and the Recent Works of the International Law Commission 《国际刑事法院罗马规约》和国际法委员会最近的著作

The Rome Statute of the ICC at Its Twentieth Anniversary Pub Date : 2018-12-21 DOI: 10.1163/9789004387553_004

Pavel Šturma

引用次数: 0

International Criminal Court, War Crimes and Crimes against Humanity 国际刑事法院，战争罪和危害人类罪

The Rome Statute of the ICC at Its Twentieth Anniversary Pub Date : 2018-12-21 DOI: 10.1163/9789004387553_006

J. Mrázek

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Contribution of the International Criminal Court to the Prosecution of Sexual and Gender-Based Crimes: between Promise and Practice 国际刑事法院对起诉性犯罪和基于性别的犯罪的贡献:在承诺与实践之间

The Rome Statute of the ICC at Its Twentieth Anniversary Pub Date : 2018-12-21 DOI: 10.1163/9789004387553_007

K. Uhlířová

{"title":"Contribution of the International Criminal Court to the Prosecution of Sexual and Gender-Based Crimes: between Promise and Practice","authors":"K. Uhlířová","doi":"10.1163/9789004387553_007","DOIUrl":"https://doi.org/10.1163/9789004387553_007","url":null,"abstract":"Sexual and gender-based violence has been used as a tool of armed conflict for thousands of years as a way to ‘shame, terrorise, and humiliate the enemy.’ However, it was not until the International Criminal Tribunal for the Former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR) in the 1990s that sexual and gender-based crimes (SGBC) were prosecuted in the international arena. The Special Court for Sierra Leone (SCSL) also contributed its piece. This paper will focus on the developments in investigating and prosecuting SGBC at the International Criminal Court (ICC), in conjunction with assessing the normative and substantive impact of the previous international tribunals on the ICC. First, a brief discussion will be had on the expansion of SGBC from the previous tribunals to the Rome Statute. Second, based on an examination of the ICC’s efforts to prosecute SGBC, the paper will argue that the Office of the Prosecutor (OTP) of the ICC under its first Prosecutor, Luis Moreno-Ocampo, proved to be deeply inconsistent and failed to prosecute certain individuals for their commission of extensive SGBC. As a result, the ICC has so far produced a rather poor record in terms of SGBC prosecution. Yet, the paper will show that more recently, there have also been some positive developments and attempts to tackle the complexities of SGBC, starting with the Policy Paper on Sexual and Gender Based Crimes (Policy Paper) released in 2014 by the OTP under the Prosecutor Fatou Bensouda; followed by the condemnation of SGBC in the Bemba case in 2016 or the confirmation of SGBC charges, namely war crimes of rape and sexual slavery of child soldiers, in the Ntaganda case in 2017. The valuable lessons, which can be drawn from the examination of the ICC’s record in relation to SGBC, are equally applicable to the investigation and prosecution of other crimes within the ICC’s jurisdiction.","PeriodicalId":380094,"journal":{"name":"The Rome Statute of the ICC at Its Twentieth Anniversary","volume":"153 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-12-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124271181","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Mental Element (Mens Rea) of the Crime of Aggression and Related Issues 侵略罪的心理要件(故意)及其相关问题

The Rome Statute of the ICC at Its Twentieth Anniversary Pub Date : 2018-12-21 DOI: 10.1163/9789004387553_008

M. Lipovský

引用次数: 0

All Roads Lead to Rome – Lifting the Veil on the icc’s Procedural Pluriformity 条条大路通罗马——揭开国际刑事法院程序多元化的面纱

The Rome Statute of the ICC at Its Twentieth Anniversary Pub Date : 2018-12-21 DOI: 10.1163/9789004387553_013

Simon de Smet

{"title":"All Roads Lead to Rome – Lifting the Veil on the icc’s Procedural Pluriformity","authors":"Simon de Smet","doi":"10.1163/9789004387553_013","DOIUrl":"https://doi.org/10.1163/9789004387553_013","url":null,"abstract":"Fifteen years after the entry into force of the Rome Statute, the icc still does not have a clearly defined procedural model for how to conduct its trials. In practice, different trials are conducted in a significantly different manner. On one view, this is a natural and unproblematic result of the fact that the icc’s procedural rules were deliberately drafted in an open-ended manner. On another view, the Court’s inability to adopt one specific approach is evidence of the fact that the deep conceptual divisions that prevented the diplomats in Rome from agreeing on a set of clear and precise procedural rules are still simmering – only now at the level of the judges. Whatever the case may be, the fact is that the accused before the icc do not all get the same procedural treatment. The paper aims to illustrate the icc’s current state of procedural pluriformity on the basis of two concrete examples. In particular, the paper discusses how different trial chambers have adopted dissimilar approaches towards the admission of evidence in general and the admission of prior recorded testimony in particular. These different approaches betray substantial disagreements on how to interpret and apply the principles of free proof and the principle of orality. At a structural level, the differences illustrate divergent conceptions about the burden of proof and the role of different players in the proceedings.","PeriodicalId":380094,"journal":{"name":"The Rome Statute of the ICC at Its Twentieth Anniversary","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-12-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131129606","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The System of Operation of International Criminal Justice Fora, in Particular of the International Criminal Court – Will the Future Be Governed by Politics, Orders or Law? 国际刑事司法论坛，特别是国际刑事法院的运作制度——未来是由政治、秩序还是法律支配?

The Rome Statute of the ICC at Its Twentieth Anniversary Pub Date : 2018-12-21 DOI: 10.1163/9789004387553_003

Tamás Lattmann

引用次数: 0

Ad Hoc Tribunals and Their Significance for Developing the Activities of the icc 特设法庭及其对发展国际刑事法院活动的意义

The Rome Statute of the ICC at Its Twentieth Anniversary Pub Date : 2018-12-21 DOI: 10.1163/9789004387553_002

A. Richterová

引用次数: 0