Sudanese President Omar al-Bashir during the 25th AU Summit in South Africa ©KIM LUDBROOK / EPA
On Thursday 6 July 2017, Pre-Trial Chamber II of the International Criminal Court (ICC) found that South Africa failed to comply with its obligations under the Rome Statute in the Omar Al-Bashir case. The former President of Sudan had visited South Africa on 13 June 2015 to attend the 25th Assembly of the African Union. The South African government then took no steps to arrest Omar Al Bashir, claiming he benefited from immunity as a head of State. In March 2016, the Supreme Court of Appeal of South Africa had ruled the government had shown unlawful conduct “in failing to take steps to arrest and detain, for surrender to the International Criminal Court, the President of Sudan, Omar Hassan Ahmad Al Bashir.”
The ICC found that South Africa failed to comply with its obligations by not arresting and surrendering Omar Al-Bashir to the Court while he was on South African territory between 13 and 15 June 2015. The Court considered that immunities did not apply as Sudan was in an analogous situation to those of States Parties to the Statute as a result of the UNSC’s resolution, under Chapter VII of the UN Charter, triggering the Court’s jurisdiction in the situation in Darfur and imposing on Sudan the obligation to cooperate fully with the Court.
However, the Chamber considered that it is not warranted to refer South Africa’s non-compliance to the Assembly of States Parties (ASP) or the Security Council of the United Nations (UNSC). This decision was motivated on the facts that South Africa was the first State Party to seek from the Court a final legal determination on the extent of its obligations to execute a request for arrest and surrender of Omar Al-Bashir and that South Africa’s domestic courts have already found South Africa to be in breach of its obligations under its domestic legal framework.
For the full decision, click here.
By Francis Dusabe*
In its 15 years of existence, the International Criminal Court is undergoing an acceptance crisis especially on the African Continent. Political narratives have significantly shaken the Court’s legitimacy and has led to the questioning of its relevance in today’s world.
This paper examines Acceptance challenges faced by the court as of 2017 and explores prospects for change to enhance its social impact.
On 17th July 2017, the international Criminal Court will clock 15 years of existence with only 26 cases across 10 situations. To reach where it is, it underwent a series of political condemnations, many of which were based on its operational and political flaws that pushed various State parties to consider quitting.
Whereas its existence symbolizes the global consensus that crimes of concerns to humanity as whole should not go unpunished, the court suffers from strategic flaws which, once unaddressed, will eventually become a turndown to the morale behind the whole project of International Criminal Justice.
This paper looks into the challenges faced by the court as of 2017 and explores prospects for change to ensure that the ICC, once a beacon of hope for Victims of international crimes, remain in existence with tangible social impact. More specifically, it explores the drives behind state acceptance of international criminal justice and the impact of Narratives on the Court’s perception. This paper ends with proposals on how to improve its image as a Court not only for Rome statute State Parties, but as an important arm for maintenance of world peace and security.
State Acceptance of international justice
State’s acceptance of International justice may be looked at on various aspects and may be investigated through various dimensions and factors namely the people concerned, how justice is defined in local context and the Victims’ expectation of what International Criminal Justice can bring. Continue reading
Date: 19 - 23 June 2017
Location: Irish Centre for Human Rights, National University of Ireland, University Rd, Galway, Ireland.
The annual International Criminal Court Summer School at the Irish Centre for Human Rights is the premier summer school specialising on the International Criminal Court. The summer school allows participants the opportunity to attend a series of intensive lectures over five days. The lectures are given by leading academics on the subject as well as by legal professionals working at the International Criminal Court. The interactive and stimulating course is particularly suited to postgraduate students, legal professionals, scholars, and NGO workers. Participants are provided with a detailed working knowledge of the establishment of the Court, its structures and operations, and the applicable law. Lectures also speak to related issues in international criminal law, including: genocide, war crimes, crimes against humanity, the crime of aggression, jurisdiction, fair trial rights, and the rules of procedure and evidence.
This year’s ICC Summer School will include a topical special session on Corporate Crimes and the International Criminal Court.
To register and for more information regarding the 2017 ICC Summer School, please visit the website, download the 2017 Poster or send an email.
Jean-Pierre Bemba ©Michael Kooren/AFP/Getty Images
Today, Trial Chamber VII of the International Criminal Court (ICC) sentenced Jean-Pierre Bemba to one additional year in prison for his October 2016 conviction of guilty of offences against the administration of justice. The Court had found Mr. Bemba and four other accused guilty of corruption and supporting false testimonies. Mr. Bemba was also fined 300,000 euros. The four other accused were sentenced to imprisonment from 6 months to 2 and a half years, but had their time deduced from the time they have already spent in prison.
On 21 March 2016, Jean-Pierre Bemba was found guilty by the ICC of war crimes and crimes against humanity committed in the Central African Republic in 2002-2003. On 22 June, Mr. Bemba was sentenced to 18 years’ imprisonment. In September, the Defence for Mr. Jean-Pierre Bemba filed an appeal against his conviction for war crimes and crimes against humanity in front of the Appeals Chamber of the ICC.
The decision on sentence can be found here.
The Gambia announced on Tuesday that it will withdraw from the International Criminal Court (ICC), following similar announcements earlier this month from South Africa and Burundi.
Gambian Information Minister Sheriff Bojang accused the Court of being “an International Caucasian Court for the persecution and humiliation of people of colour, especially Africans”.
Al Hadji Yahya Jammeh, President of the Republic of the Gambia, addresses the 69th United Nations General Assembly in New York September 25, 2014 ©REUTERS/Lucas Jackson
He said that the ICC had failed to go after Western war crimes, citing the omission to investigate the European Union over the deaths of migrants on the Mediterranean sea and the ICC’s failure to indict former British Prime Minister Tony Blair for his involvement in the Iraq war.
The withdrawal of the Gambia would be especially painful for the ICC since its chief prosecutor, Ms Fatou Bensouda, is from the Gambia and previously held the post of Gambian justice minister. Other high profile international jurists also come from Gambia, including the International Criminal Tribunal for Rwanda (ICTR) Chief Prosecutor Hassan Bubacar Jallow.
Last week Friday, South Africa announced that it had officially initiated the process of withdrawing from the ICC. South Africa reasoned that its obligations with respect to the peaceful resolution of conflicts were at times “incompatible” with the interpretation given by the ICC of obligations raised in the Rome Statute.
South Africa’s withdrawal followed a controversy last year when it failed to arrest President Omar Al Bashir, who is wanted by the ICC, when he attended an AU summit in South Africa. South Africa’s Supreme Court of Appeals ruled that the government had violated national laws and its international obligations for not having arrested Bashir. Continue reading
To mark 15 years since the coming into force of the Statute of the International Criminal Court (ICC) on 1 July 2002, the Journal of International Criminal Justice has announced a forthcoming symposium on ‘The International Criminal Court’s Policies and Strategies’ to be published in July 2017.
The Court and its various organs have continually issued a number of documents explaining the Court’s policies on numerous distinct issues as well as its strategies for the future. The Journal’s Editorial Committee believes that the time has come to take a closer and systematic look at these documents, looking at the choices made thus far, the level of transparency and consistency, as well as suggesting avenues to strengthen the overall effectiveness and credibility of ICC investigative and prosecutorial strategies.
The Journal calls for submission of abstracts not exceeding 500 words on the questions described above, or related areas of interest, no later than 15 November 2016. After the abstracts are reviewed, in early December, the Editorial Committee will invite a number of contributors to submit full papers of no more than 8000 words (including an abstract and footnotes) by 28 February 2016. For more information about the call, please visit its webpage or contact the Executive Editor.
Mahmoud Abbas, the president of Palestine, announced his intention on Monday to sue the government of the United Kingdom over the 1917 Balfour Declaration which paved the way for the creation of Israel.
Balfour Declaration published in The Times of London - 9 November 1917
The statement of Abbas was delivered by foreign minister Riyad al-Maliki at the opening of this week’s Arab League summit in Mauritania, in the absence of Abbas.
It is said that the 1917 Balfour Declaration, named after then UK Foreign Secretary Lord Arthur Balfour, pledged to support the establishment of a “national home” for the Jewish people in Palestine. The Declaration is seen as a key milestone for the Zionist movement.
The document formed the basis of the British Mandate for Palestine, which was formally approved by the League of Nations in 1922.
Al-Maliki said that the Balfour Declaration led to mass Jewish immigration to British Mandate Palestine. According to al-Maliki, the Declaration “gave people who don’t belong there something that wasn’t theirs”.
In the statement it was further said that the United Kingdom was responsible for all “Israeli crimes” since the end of the British mandate in 1948.
According to the statement, the lawsuit would be filed “in an international court”, but no further details on the planned lawsuit were provided. Gulf News reported that Dr Hanna Eissa, part of the Palestinian team preparing the lawsuit, mentioned the International Court of Justice, which can issue non-binding advisory opinions.
Trial Chamber III of the International Criminal Court (ICC) today sentenced Jean-Pierre Bemba Gombo to 18 years’ imprisonment for war crimes and crimes against humanity committed in the Central African Republic in 2002-2003.
In March the Chamber had found the former vice-president of the DRC guilty beyond reasonable doubt for the crimes of murder, rape and pillaging committed by militiamen under Bemba’s command.
For the crimes of rape the Chamber imposed 18 years of imprisonment while 16 years of imprisonment were imposed for the crimes of murder and pillaging. However, the Chamber decided that the sentences imposed shall run concurrently. Continue reading
Date: 29 June 2016, at 7 pm
Venue: T.M.C. Asser Instituut, R.J. Schimmelpennincklaan 20-22, The Hague, Netherlands
T.M.C. Asser Instituut, the Coalition for the International Criminal Court (CICC) and the Grotius Centre for International Legal Studies of Leiden University organize a lecture on “The International Criminal Court at the Mercy of Powerful States: How the Rome Statute Promotes Legal Neo-Colonialism” with speaker Dr Res Schuerch, from the University of Amsterdam and University of Zürich.
Supranational Criminal Law Lectures are public and free of charge. Registration is not necessary, seats are available on a first-come-first-served basis.
Date: 27 June-1 July 2016
Location: Irish Centre for Human Rights, National University of Ireland, University Rd, Galway, Ireland.
The annual International Criminal Court Summer School at the Irish Centre for Human Rights is the premiere summer school specializing on the International Criminal Court (ICC). The summer school allows participants the opportunity to attend a series of intensive lectures over five days. The lectures are given by leading academics on the subject as well as by legal professionals working at the International Criminal Court. The interactive and stimulating course is particularly suited to postgraduate students, legal professionals, scholars, and NGO workers. Participants are provided with a detailed working knowledge of the establishment of the Court, its structures and operations, and the applicable law. Lectures also speak to related issues in international criminal law, including: genocide, war crimes, crimes against humanity, the crime of aggression, jurisdiction, fair trial rights, and the rules of procedure and evidence. Continue reading