Aha! So I haven’t blogged since I got to Den Haag, because it’s been really busy. But it’s also been fabulously epic.
10 January 2011
Today, we got up early to head to the ICC. We got a miniature tour and a briefing of the basics of the court and how it differs from the American court system. We couldn’t sit in on hearings, since the Bemba case begins on the 11th, but we did get to see the courtroom.
The history of the ICC is interesting. International criminal law has been around since the Nuremberg and Tokyo trials in 1945/6, and then the ICTY and ICTR in the 1990s. Since then, the United Nations has created several special tribunals. These are for a specific time in a specific territory, whereas the ICC is for all member states and signatories of the Rome Statutes. However, the ICC only began its jurisdiction on 1 July 2002, so crimes committed before this date are not covered by the ICC. The ICC is based off of a treaty, and was not created by the UNSC like the special tribunals are. It has a working relationship with the UN, but is an independent entity.
The mandate of the ICC is to prosecute the “most serious crimes of international concern,” these being war crimes, crimes against humanity, crimes of aggression, and genocide. It operates under the clause of complimentarity, which means that the primary responsibility and duty to prosecute crimes and hold war criminals accountable lies with the states. If the state is unable or unwilling to do this, the ICC will take over. They are fond of saying it’s a court of ‘last resort.’
The three divisions are the pre-trial chamber, the trial chamber, and the appeals chamber. The pre-trial and trial chambers have three judges per chamber, while the appeals chamber has five judges, including the president of the Court. Next year, there will be elections for a new Chief Prosecutor.
It’s further important to note that the ICC has carried out no sentencing since its conception. They may imprison those found guilty for thirty years or life imprisonment in a volunteer state. They also have the power to impose reparations to victims. In the ICC, victims of atrocities may participate in proceedings—this is very new to international law.
There are a few cases currently taking place at the ICC. Relating to the Democratic Republic of the Congo, there is the Lubanga case, the Ntaganda case, the Katanga and Ngudjolo case and the Mbarushimana case.
Lubanga
UPC/FPLC leader
Enlisted child soldiers under the age of 15
Has had two suspensions in proceedings
First ICC case and first case relating to child soldiers
Ntaganda
Same crime as Lubanga
Katanga and Ngudjolo
Attacked Bogoro
Crimes = rape and child soldiering
Mbarushimana
Recent arrest in Paris
Will be brought to the ICC in the next few weeks
The Ugandan case currently underway relates to crimes of the Lord’s Resistance Army against the Ugandan government. There is one case, against Joseph Kony, for crimes against humanity, murder, sex slavery, rape, war crimes, and child soldiering.
There are a few cases relating to Sudan. The cases are against Harun, Banda and Jerbo, and, of course, al Bashir.
Harun
Currently the ‘Humanitarian Minister’ of Sudan
Accused of war crimes relating to Sudan’s civil wars
Banda and Jerbo
Related to the situation in Darfur, Sudan
al Bashir
Indicted for crimes against humanity, war crimes and genocide
First case before ICC to be tried for genocide
The Kenya case, which is the most recent if the ICC cases, indicts six high-level Kenyan officials for crimes against humanity during the last election in Kenya.
The Central African Republic case is the case I’m focusing on for the purposes of this class. It is against Jean-Pierre Bemba. Bemba sent troops into the Central African Republic to help the president keep power. He did not commit the crimes directly, but he is considered responsible because of his knowledge of the crimes and his failure to keep order within his troops. In theory, this will give a warning to other commanders who fail to keep order. It’s also interesting to note that the sexual and gender-related crimes outnumber murder in this case.
Currently, Chief Prosecutor Luis Moreno Ocampo is working to decide whether or not Palestine is considered a state, and if they can investigate crimes there. The International Criminal Court only has jurisdiction over nationals of a state party or a crime committed on the land of a state party. If the United Nations Security Council refers a situation to the ICC, then they will look at the criteria and decide whether or not to open an investigation. This was the case with the situation in Darfur.
Clearly, international law is new, and the ICC is still setting its own precedents. These first few trials and convictions will be vital in the ever-evolving role of international law. There’s so so much more to say, and I have so many more notes, but I don’t want to bore whoever’s reading this. ☺
Later—
Had an incredible walking tour of Den Haag with Flavio and Brian. It’s definitely a lot quieter than Amsterdam, but amazingly beautiful. They have very different vibes, but this one is definitely a lot more traditionally Dutch. I can’t wait to explore other Dutch towns. Erin and I are planning on hitting up Leiden, Haarlem, and Rotterdam next weekend.
I have so many photos, but failed to bring my USB drive, so sadly you won’t be able to see them until I’m home. Suffice to say that the medieval part of Den Haag is incredible. The place where Parliament sits and where the Queen lives is astounding… and of course right on a canal. I could really see myself spending a lot more time in this country. The only thing that’s wrong is the amount of rain and wind. How does anyone ever look good here?!
Bright side? Stroopwafels. Bringing a zillion home so y’all can try em.
Love,
Mac
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