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DISSERTATION THE ROLE OF THE INTERNATIONAL CRIMINAL COURT IN ENFORCING HUMAN RIGHTS LAW

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The recognition and protection of human rights have been a slow process throughout history. The growing recognition of the universality of human rights has been the result of many social and intellectual struggles and revolutions throughout history. At present, one of the most controversial agencies regarding the protection of human rights is the International Criminal Court (ICC), but ¿Is the ICC a significant innovation that ensures the universal enforcement for human rights? The objective of this paper is to show that the ICC is a useful international body for the protection of human rights due to its activities in the area of prevention and justice concerning crimes against humanity.

Cambridge Review of International Affairs 24:3 pp 309-333, 2011

This article assesses the structure and operation of the ICC by setting out a case for the defence of the Court, a case for its prosecution and a verdict. Defenders of the Court suggest it has had a positive impact because: it has accelerated moves away from politics and towards ethics in international relations; it goes a long way towards ending impunity; it is a significant improvement on the previous system of ad hoc tribunals; it has positive spill-over effects onto domestic criminal systems; and because the courage of the Prosecutor and Trial Judges has helped to establish the Court as a force to be reckoned with. Opponents of the Court see it as mired in power politics, too reliant on the UNSC and on state power to be truly independent; failing to bring peace and perhaps even encouraging conflict; and starting to resemble a neo-colonial project rather than an impartial organ of justice. The verdict on the Court is mixed. It has gone some way to ending impunity and it is certainly an improvement on the ad hoc tribunals. However it is inevitably a political body rather than a purely legal institution, its use as a deterrent is as yet unproven and the expectation that it can bring peace as well as justice is unrealistic.

This research focuses on the problems of, and prospects for, the enforcement of international humanitarian law through the prosecution and punishment of Individuals accused of violations of International humanitarian law by international tribunals. The factors that historically prevented the development of International tribunals and then looks at recent events, namely the end of the Cold War and the subsequent unleashing of unparalleled forces of nationalism and fundamentalism in different parts of the world, which have created an increased willingness on the part of states to Institute mechanisms, both at the International and domestic levels, for international criminal justice. With the establishment of the ad hoc International Criminal Tribunals for the former Yugoslavia and for Rwanda, the enforcement of International humanitarian law has moved into a new and more effective phase. Yet, the clear merits of individual criminal prosecution by international tribunals cannot simply override the very real problems and obstacles they face. Nevertheless, I concludes that justice can be done at the international level and that international criminal tribunals are vital in the struggle to uphold the rule of law.

Carta Internacional, 2019

This article investigates sovereign (in)equality as a phenomenon that is manifested in thedifferent levels of international institutions. The analysis is developed from the process againstOmar Al Bashir, Sudan’s President-in-Office, at the International Criminal Court. Consideringthat norms and rules have a social role in the multiple relations existing between agents andstructures, that is, they transform relations in the international system, the article investigates the dispositions and principles present within the scope of the International Criminal Courtthat authorize a discrimination between States. This distinction implies the imposition ofinternational rules for some actors and the maintenance of certain sovereign prerogativesfor others. More specifically, international criminal justice is characterized by selectivityin judgments, as some countries are given certain authority over the regime. In this sense,it is argued that the sovereign (in)equality that is present in inte...

Book. Eleven international publishing, 2022

This third, updated and expanded, edition of the book provides the most comprehensive overview of the law and jurisprudence of the international and internationalized criminal courts and tribunals concerning procedure, evidence, and human rights. It reflects developments of the law and jurisprudence since the previous edition and expands its subject matter.

I n January , Fatou Bensouda, the prosecutor of the International Criminal Court (ICC), announced the opening of the court's tenth and most recent country investigation, into alleged crimes perpetrated in Georgia during the brief  Russo-Georgian War. The crimes to be investigated may include murder, destroying enemy property, attacks on a peacekeeping mission , deportation, and ethnic persecution. Bensouda intends to make arrests, put suspects on trial, and, if they are found guilty, have them convicted and punished. Meanwhile, even as Bensouda prepared this newest case, the ICC was still prosecuting a suspect in the court's very first investigation, from , against Dominic Ongwen, a commander of the Ugandan Lord's Resistance Army. These two cases can thus serve as bookends to the ICC's short history, illustrating the long arc between initial investigations and eventual trials, and highlighting the complexity and contingency of international criminal justice. In this article we ask what—if anything—is the point of all this effort, and what can and should we expect from international criminal courts? After more than a decade of work, the accomplishments of the International Criminal Court are highly contested. The court has been accused of bias, of spoiling peace negotiations , of hindering successful transitions to democracy, and of being disconnected from the needs of conflict-affected populations.  We will not address these controversies here. Instead we focus on a more theoretical question: How can international trial and punishment constitute a suitable response to episodes of mass violence? The Statute of the ICC itself provides several indications. Its Preamble proclaims that " the most serious crimes of concern to the international community as a whole must not go unpunished, " that it is " determined to put an end to Ethics & International Affairs, , no.  (), pp. –.

Over the past decade, the International Criminal Court has methodically built reality into the promises contained in its Statute. It has tried and tested its own procedures, produced an impressive body of jurisprudence and started to create a place for itself in a highly complex political and diplomatic environment. In so doing, the Court has solidified the idea of International criminal justice and has built upon the legacy of other contemporary international criminal tribunals. For the purpose of the present paper, the extreme complexity of the situations and cases before the Court has at all times been borne in mind in the search for and formulation of recommendations. This paper will also examine the reasons for the establishment of the International Criminal Court and assess its impact Furthermore, it is essential to ensure the ability of the Court to deal with those peculiar challenges to realize, at this point, that the Court might never be able to adequately fulfill its mandate if significant reforms of its practices are not promptly and effectively carried out to address the problems and shortcomings highlighted in this paper.

Yale Human Rights and Development Journal, 2007

Steven D. Roper and Lilian A. Barria, professors in the Department of Political Science at Eastern Illinois University, are frequent collaborators on scholarly work concerning criminal tribunals. Their co-authored articles and joint conference presentations on assorted aspects of this topic have culminated in Designing Criminal Tribunals, a book that examines various ad hoc tribunals, primarily those created since the end of the Cold War. These tribunals include the United Nations International Criminal Tribunals for the Former Yugoslavia (ICTY) and Rwanda (ICTR), both international tribunals; the Special Court for Sierra Leone (SCSL), the Extraordinary Chambers in the Courts of Cambodia (ECCC), and the Special Crimes Panel for East Timor (SCPET), all mixed tribunals; and the Indonesian Human Rights Court (IHRC), a purely domestic court. Observing that "[ijnternational law, tribunals and law enforcement mechanisms have developed unevenly in the 20th century as a reflection of p...

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This research guide will assist you with finding international criminal law jurisprudence and preparatory works (negotiating/drafting history) from the International Criminal Court, ad hoc tribunals (ICTY and ICTR), and hybrid courts and tribunals. This research guide also highlights resources available pertaining to the following four core crimes: genocide, crimes against humanity, war crimes, and crime of aggression. 

• ICC Legal Tools Database Free resource providing access to documents from the International Criminal Court and other international criminal courts and tribunals, including the ICTY, ICTR, SCLS, ECCC, STL, SPSC, among others, in addition to international legal instruments, human rights law decisions and documents, and UN War Crimes Commission documents.
• Lexsitus Free resource from the Centre for International Law Research and Policy (CILRAP) providing access to lectures, commentary, case law, preparatory works, and digests for the Rome Statute and the Rules of Procedure and Evidence of the International Criminal Court.
• Oxford Scholarly Authorities on International Law Subscription database providing access to commentaries, scholarly works, and books on international law topics, including human rights law, criminal law, use of force/humanitarian law, and more. A full list of the titles included in this collection is available here .

This research guide was last updated on February 1, 2022.  

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Talebpour, Mansour. "Impunity and the International Criminal Court (ICC)." Thesis, SOAS, University of London, 2012. http://eprints.soas.ac.uk/15620/.

Nerland, Krista. "Trying the Court : an assessment of the challenges facing the ICC in Uganda and Darfur." Thesis, McGill University, 2008. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=112509.

Kramer, Amanda L. "Deconstructing Newspaper Representations of the International Criminal Court." Thèse, Université d'Ottawa / University of Ottawa, 2012. http://hdl.handle.net/10393/22855.

Gashi, Ermal. "International Criminal Court : A mechanism of enforcing Internaional Law." Thesis, Linnéuniversitetet, Institutionen för statsvetenskap (ST), 2015. http://urn.kb.se/resolve?urn=urn:nbn:se:lnu:diva-44472.

Ullrich, Leila. "Schizophrenic justice : exploring 'justice for victims' at the International Criminal Court (ICC)." Thesis, University of Oxford, 2016. http://ora.ox.ac.uk/objects/uuid:8d73d52b-9cd6-4d06-b613-69b0827aa03e.

Olubokun, Charles Oluwarotimi. "The future of prosecutions under the International Criminal Court." Thesis, Brunel University, 2015. http://bura.brunel.ac.uk/handle/2438/11075.

Bådagård, Lovisa. "The Gatekeeper of the ICC : Prosecutorial strategies for selecting situations and cases at the International Criminal Court." Thesis, Uppsala universitet, Juridiska institutionen, 2016. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-283406.

Muwanguzi, Robert Mugagga. "The historical path of the crime of aggression and the first ICC review conference." University of the Western Cape, 2011. http://hdl.handle.net/11394/5396.

Mabtue, Kamga Mireille. "Terrorism and International Criminal Court : the issue of subject matter jurisdiction." Diss., University of Pretoria, 2011. http://hdl.handle.net/2263/26659.

Junck, Christoph. "Die Gerichtsbarkeit des Internationalen Strafgerichtshofs : Vorbedingungen und Auslösemechanismen nach dem Römischen Statut vom 17. Juli 1998 /." Frankfurt am Main [u.a.] : Lang, 2006. http://www.gbv.de/dms/spk/sbb/recht/toc/505972980.pdf.

Watkins, Laura-Jane. "Evaluating South Africa's Proposed Withdrawal from the ICC: A Way Forward?" University of the Western Cape, 2018. http://hdl.handle.net/11394/6258.

Gebremeskel, Wintana Kidane. "Sitting head of state immunity for crimes under international law : conflicting obligations of ICC member states?" University of the Western Cape, 2016. http://hdl.handle.net/11394/5515.

Reynolds, Diana Elizabeth. "The prosecution strategy of the ICC office of the prosecutor recast : a hand up not a hand out." Thesis, McGill University, 2007. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=112608.

Muthoni, Viola Wakuthii. "Duress as a defence in international criminal law: from Nuremberg to article 31(1) (d) of the Rome statute of the international criminal court." University of Western Cape, 2013. http://hdl.handle.net/11394/3915.

Mahony, Christopher. "International crimes prosecution case selection : the ICC, ICTR, and SCSL." Thesis, University of Oxford, 2013. https://ora.ox.ac.uk/objects/uuid:a390aead-46cb-42bb-baa7-431540692d9d.

Najafian, Razavi Sam. "Palestine and the ICC : a study in the criteria for statehood and the jurisdiction of the International Criminal Court." Thesis, Stockholms universitet, Juridiska institutionen, 2016. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-133597.

Adem, Seada Hussein. "Palestine and the ICC: a Critical appraisal of the decision of the office of the prosecutor on the Palestine ad hoc Declaration." University of the Western Cape, 2014. http://hdl.handle.net/11394/4394.

Ba, Oumar. "International Criminal Justice and State Sovereignty: An African Perspective." Ohio University / OhioLINK, 2011. http://rave.ohiolink.edu/etdc/view?acc_num=ohiou1290196591.

Olugbuo, Benson Chinedu. "Implementing the Rome Statute of the International Criminal Court domestically : a comparative analysis of strategies in Africa." Diss., University of Pretoria, 2003. http://hdl.handle.net/2263/1069.

Johanne, Annah. "A critical analysis of some of the legal issues raised by the indictment of president al-Bashir of Sudan by the ICC." Diss., University of Pretoria, 2013. http://hdl.handle.net/2263/26664.

Kamunde, Nelly Gacheri. "Drawing the borderlines: truth justice and reconciliation mechanisms/amnesties and the Rome Statute." Thesis, University of the Western Cape, 2009. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_2849_1363357271.

Pia, Christina Kalus. "Redressing female victims of sexual violence: possibilities for gender-specific reparations at the International Criminal Court." Thesis, University of the Western Cape, 2011. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_1824_1373278492.

This paper is about the reparations regime of the International Criminal Court and reparations possibilities for victims of sexual violence. It will contain a legal analysis of the reparations system of  the Court, including the Trust Fund for Victims of the International Criminal Court. In a second step, the needs of women who experienced conflict related violence will be examined. The central    question, which this paper will try to answer, is whether the ICC reparations regime has the ability to provide gender-sensitive reparations and thus make a contribution to the improvement of  women&rsquo s lives in post-conflict societies.

Murungu, Chacha Bhoke. "Immunity of state officials and prosecution of international crimes in Africa." Thesis, University of Pretoria, 2011. http://hdl.handle.net/2263/25163.

N'dri, Maurice Kouadio. "Critical analysis of victims rights before international criminal justice." Thesis, University of Pretoria, 2006. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_7533_1183427953.

History is regrettably replete with wars and dictatorial regimes that claimed the lives of millions of people. Most of the time the planners were not held accountable for their misdeeds. Fortunately in recent years the idea of people being prosecuted for mass atrocities was launched and debated. The purpose of this study was to propose avenues for promoting respect for victims rights. It examined the rationale of the victims reparation, its evolution, its denial and its rebirth. It canvass victims rights in domestic law especially in the civil law in comparison with international law. It proposed means whereby the international community may better address the issue of victims rights.

Adonis, Bongiwe. "Immunity for serving Heads of State for crimes under International Criminal Law: an analysis of the ICC-indictment against Omar Al Bashir." University of the Western Cape, 2011. http://hdl.handle.net/11394/2910.

Yav, Katshung Joseph. "Prosecution of grave violations of human rights in light of challenges of national courts and the International Criminal Court: the Congolese dilemma." Diss., University of Pretoria, 2004. http://hdl.handle.net/2263/1122.

Maele, Fostino Yankho. "Legality of the jurisdiction of the ICC over nationals of non-states parties who commit offences within the jurisdiction of the ICC on territories of non-states parties." Thesis, University of the Western Cape, 2012. http://hdl.handle.net/11394/4556.

Zimba, Gamaliel. "The application of the principle of complementarity in situations referred to the International Criminal Court by the United Nations Security Council and in self-referred situations." Thesis, University of the Western Cape, 2012. http://hdl.handle.net/11394/4577.

Kameldy, Neldjingaye. "Challenging impunity in northern Uganda : the tension between amnesties and the principle of international criminal responsibility." Diss., University of Pretoria, 2007. http://hdl.handle.net/2263/5448.

Nielsen, Magnus Rynning. "Transcending the "peace vs. justice" debate: a multidisciplinary approach to transitional justice (sustainable peace) in Northern Uganda after the International Criminal Court’s involvement in 2004." Thesis, Stellenbosch : University of Stellenbosch, 2010. http://hdl.handle.net/10019.1/4364.

Materu, Sosteness F. "The prosecution of international crimes in respect of the Democratic Republic of the Congo : critical evaluation of the factual background and specific legal considerations." Thesis, University of the Western Cape, 2010. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_5628_1307603309.

The first part of this study evaluates the historical events that led to the referral of the DRC situation to the ICC. This includes the background of the conflict and the extent to which international crimes have been committed. Both regional and domestic attempts and initiatives to address the conflict are discussed, with specific reference to peace agreements and restorative justice mechanisms. The second part of the study deals with the prosecution of the perpetrators by the ICC. It examines the approach of the Pre- Trial Chamber to two legal issues, the principle of complementarity and modes of criminal participation as part of the ICC Statute. In this regard, the study makes a critical evaluation of two preliminary decisions confirming the charges against Lubanga, Katanga and Chui before the cases proceeded to the trial stage.

Grebenyuk, Iryna. "Pour une reconstruction de la justice pénale internationale : réflexions autour d'une complémentarité élargie." Thesis, Paris 1, 2016. http://www.theses.fr/2016PA01D066.

Alendal, Oscar. "Aggressionsbegreppet : En komparativ studie av Förenta nationernas stadgas och Romstadgan för den Internationella brottsmålsdomstolens aggressionsbegrepp." Thesis, Uppsala universitet, Juridiska institutionen, 2018. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-342031.

Kurth, Michael E. "Das Verhältnis des Internationalen Strafgerichtshofs zum UN-Sicherheitsrat : unter besonderer Berücksichtigung von Sicherheitsratsresolution 1422 (2002) /." Baden-Baden : Nomos-Verl.-Ges, 2006. http://www.gbv.de/dms/spk/sbb/recht/toc/513281061.pdf.

Jones, Annika. "International criminal adjudication, judicial cross-referencing and the international criminal court." Thesis, University of Nottingham, 2012. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.602724.

Gallavin, Christopher. "The International Criminal Court : friend or foe of international criminal justice?" Thesis, University of Hull, 2004. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.418822.

Zhu, Dan. "China and the International Criminal Court." Thesis, University of Edinburgh, 2013. http://hdl.handle.net/1842/15977.

Bielen, Carter. "International Obligations and the International Criminal Court: An Analysis." Thesis, Boston College, 2013. http://hdl.handle.net/2345/3021.

Hill, Gina Erica. "Gender in the international criminal court negotiations." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2001. http://www.collectionscanada.ca/obj/s4/f2/dsk3/ftp04/MQ58689.pdf.

Burkhardt, Maren. "Victim participation before the International Criminal Court." Doctoral thesis, Humboldt-Universität zu Berlin, Juristische Fakultät, 2010. http://dx.doi.org/10.18452/16235.

Aivo, Gérard. "Le statut de combattant dans les conflits armés non internationaux : etude critique de droit international humanitaire." Thesis, Lyon 3, 2011. http://www.theses.fr/2011LYO30053.

Wallentine, Kevin. "In Pursuit of Justice: Strengthening the International Criminal Court." Scholarship @ Claremont, 2012. http://scholarship.claremont.edu/cmc_theses/448.

Rosen, Brian. "From the outside in shaping the International Criminal Court /." Santa Monica, CA : RAND, 2007. http://handle.dtic.mil/100.2/ADA487660.

Radosavljevic, Dragana. "International criminal court, surrender of accused persons and transfer of criminal proceedings." Thesis, University of Westminster, 2006. https://westminsterresearch.westminster.ac.uk/item/92714/international-criminal-court-surrender-of-accused-persons-and-transfer-of-criminal-proceedings.

Gesase, Arnold Ainory [Verfasser]. "Reparations in International Criminal Prosecutions: The Congo Situation at the International Criminal Court / Arnold Ainory Gesase." Berlin : Freie Universität Berlin, 2019. http://d-nb.info/1196622930/34.

Islami, Someʾa Reza. "The need and prospects for an international criminal court." Thesis, McGill University, 1994. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=26204.

Conlogue, Andrew James. "Bosco Ntaganda, Sylvestre Mudacumura, and the International Criminal Court." Thesis, The University of Arizona, 2013. http://hdl.handle.net/10150/297544.

Ngane, Sylvia Ntube. "The position of witnesses before the International Criminal Court." Thesis, University of Leeds, 2013. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.634756.

Mills, Clare Margaret. "Sovereignty curtailed? : politics, philosophy and the International Criminal Court." Thesis, University of Newcastle Upon Tyne, 2007. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.445572.

Candelaria, Jacob. "Europe, the United States, and the international criminal court." Thesis, Monterey, Calif. : Springfield, Va. : Naval Postgraduate School ; Available from National Technical Information Service, 2003. http://library.nps.navy.mil/uhtbin/hyperion-image/03Jun%5FCandelaria.pdf.