17 USC § 107 Limitations on Exclusive Rights – FAIR USE
On 20 November, the Prosecutor of the International Criminal Court (ICC) finally published her request to open a formal investigation into war crimes and crimes against humanity committed in Afghanistan. This means that the Prosecutor agrees with the result of the preliminary examination showing that crimes meeting the ICC gravity threshold have been committed in Afghanistan since 2003 (the period for which the ICC has jurisdiction) and that the ICC considers that Afghanistan is either unwilling or unable to prosecute these crimes nationally. The Prosecutor also made an open request to the victims to send their statements to the Court by 31 January 2018. There is, then, a very important but short window of opportunity for victims to share their stories with the Court. On the occasion of the release of the Prosecutor’s request, AAN is publishing this question and answers dispatch focusing on the ICC and Afghanistan (1).
A Critical Analysis of Crime Investigating System in Indiaijtsrd
The police in one country are the instrument for enforcing the Rule of Law, they are the means by which civilised society maintains order that people may live safely in their homes and go freely about their lawful business. Thus police is the law enforcement agency whose fundamental duty is to serve mankind and safeguard peoples live and property, to protect the innocent against deception, the weak against oppression or intimidation, peaceful against violence and disorder and to respect constitutional rights of all men to liberty, equality and justice. A police force is constituted body of persons empowered by state to enforce the law, to protect people and property and to prevent crime and civil disorder. Abrina Yaqoob ""A Critical Analysis of Crime Investigating System in India"" Published in International Journal of Trend in Scientific Research and Development (ijtsrd), ISSN: 2456-6470, Volume-3 | Issue-4 , June 2019, URL: https://www.ijtsrd.com/papers/ijtsrd23675.pdf
Paper URL: https://www.ijtsrd.com/management/law-and-management/23675/a-critical-analysis-of-crime-investigating-system-in-india/abrina-yaqoob
The document opposes Kenya's request to the UN Security Council for deferral from the ICC, making several arguments: 1) The request does not have full government support as required. 2) The ICC intervened after Kenya failed to establish its own tribunal. 3) Naming suspects protected witnesses. 4) There is no current violence risk to justify deferral. 5) Failure to prosecute would strengthen impunity. The document calls on the UN to reject deferral and support local accountability and reforms.
South Africa, the Rome Statute and the International Criminal Court Implicati...paperpublications3
Abstract: The May 2015 pulsating development in South Africa’s international legal history has shown the world that for almost all African states, signing and ratifying statutes is one thing, and implementation is another. South Africa was the last state standing, all international hopes being on South Africa that the government would arrest Omar al Bashir if he sets foot in that country. Other African states that are signatories and ratifiers of the Rome Statute had flinched from arresting and surrendering Bashir to the International Criminal Court, such as Chad, Nigeria, Ethiopia, Eritrea, Djibouti, Malawi and Kenya. South Africa, which is regarded as a mature and stable democracy in Africa, astonishingly followed the African Union’s unity in defiance action by surreptitiously letting Omar al Bashir off the legal apocalyptic hook, violating its municipal and international legal provisions. Considering that the African Union had openly disassociated itself from the International Criminal Court, and South Africa speaking louder with actions rather than words, this paper moves that South Africa’s defiant action finally exposed Africa’s legal decadence and constituted a dreadful miscarriage of international justice. Politically, what the South African government did was commendable, but legally the government violated its municipal and international law provisions. This action has also finally led to the death of the International Criminal Court in Africa.
Police officers have several powers to investigate cases in India according to the Code of Criminal Procedure. [1] Officers can investigate cognizable cases without a court order. They can examine witnesses and request their attendance. [2] For non-cognizable cases, a magistrate's order is required. Police must submit investigation reports detailing facts and witnesses. [3] If further evidence is found, additional reports can be submitted. Searches and arrests can occur based on reasonable grounds. Overall the document outlines police investigation procedures in India according to the Code of Criminal Procedure.
The document summarizes key aspects of the Code of Criminal Procedure (CrPC) in India, including:
1) The CrPC enacted in 1973 provides the process for investigating crimes, apprehending suspects, collecting evidence, determining guilt, and punishments.
2) It also addresses public nuisances, crime prevention, and maintenance of family. The Act has 484 sections divided into 37 chapters.
3) The summary outlines the procedure after a crime from filing an FIR to police investigation and filing charges. It also describes the powers of police during interrogation and arresting individuals.
Investigation with respect to the cognizable offence by police- FIR, Chargesh...Utkarsh Kumar
This document summarizes key aspects of criminal procedure and investigation in India according to the Criminal Procedure Code. It discusses:
1) The police's authority to investigate cognizable offenses without a court order or FIR. However, high courts can intervene if the FIR or materials do not disclose an offense.
2) Requirements for FIRs - they must be written, signed by the informant, and read back. FIRs provide the first information that sets the investigation in motion.
3) A magistrate's power to order an investigation under Section 156(3). However, they cannot direct how the investigation is conducted.
4) Irregularities in an investigation do not necessarily invalidate legal proceedings unless they cause a
The criminal justice system involves reporting offenses to the police, who may register an FIR and begin investigating. For cognizable offenses, the police can make arrests without a warrant. If the police refuse to register an FIR, the complainant can approach higher authorities or the court. Arrested individuals must be informed of the reasons for arrest and produced before a magistrate within 24 hours. The criminal process also involves bail procedures, investigation, filing charges, and trial, which can result in conviction or acquittal. The key laws governing the criminal justice system are the Code of Criminal Procedure, Indian Penal Code, and Indian Evidence Act.
The document provides an overview of the criminal justice system in Bangladesh and the role of police within it. It discusses how the criminal justice system works through investigation, prosecution, trial, and corrections phases. It outlines the key responsibilities of police such as investigating crimes, collecting evidence, making arrests, and assisting with prosecution. Police aim to advance justice by thorough investigations while respecting rights of accused. The goal is to reassure victims while limiting delays and pretrial detention.
A Critical Analysis of Crime Investigating System in Indiaijtsrd
The police in one country are the instrument for enforcing the Rule of Law, they are the means by which civilised society maintains order that people may live safely in their homes and go freely about their lawful business. Thus police is the law enforcement agency whose fundamental duty is to serve mankind and safeguard peoples live and property, to protect the innocent against deception, the weak against oppression or intimidation, peaceful against violence and disorder and to respect constitutional rights of all men to liberty, equality and justice. A police force is constituted body of persons empowered by state to enforce the law, to protect people and property and to prevent crime and civil disorder. Abrina Yaqoob ""A Critical Analysis of Crime Investigating System in India"" Published in International Journal of Trend in Scientific Research and Development (ijtsrd), ISSN: 2456-6470, Volume-3 | Issue-4 , June 2019, URL: https://www.ijtsrd.com/papers/ijtsrd23675.pdf
Paper URL: https://www.ijtsrd.com/management/law-and-management/23675/a-critical-analysis-of-crime-investigating-system-in-india/abrina-yaqoob
The document opposes Kenya's request to the UN Security Council for deferral from the ICC, making several arguments: 1) The request does not have full government support as required. 2) The ICC intervened after Kenya failed to establish its own tribunal. 3) Naming suspects protected witnesses. 4) There is no current violence risk to justify deferral. 5) Failure to prosecute would strengthen impunity. The document calls on the UN to reject deferral and support local accountability and reforms.
South Africa, the Rome Statute and the International Criminal Court Implicati...paperpublications3
Abstract: The May 2015 pulsating development in South Africa’s international legal history has shown the world that for almost all African states, signing and ratifying statutes is one thing, and implementation is another. South Africa was the last state standing, all international hopes being on South Africa that the government would arrest Omar al Bashir if he sets foot in that country. Other African states that are signatories and ratifiers of the Rome Statute had flinched from arresting and surrendering Bashir to the International Criminal Court, such as Chad, Nigeria, Ethiopia, Eritrea, Djibouti, Malawi and Kenya. South Africa, which is regarded as a mature and stable democracy in Africa, astonishingly followed the African Union’s unity in defiance action by surreptitiously letting Omar al Bashir off the legal apocalyptic hook, violating its municipal and international legal provisions. Considering that the African Union had openly disassociated itself from the International Criminal Court, and South Africa speaking louder with actions rather than words, this paper moves that South Africa’s defiant action finally exposed Africa’s legal decadence and constituted a dreadful miscarriage of international justice. Politically, what the South African government did was commendable, but legally the government violated its municipal and international law provisions. This action has also finally led to the death of the International Criminal Court in Africa.
Police officers have several powers to investigate cases in India according to the Code of Criminal Procedure. [1] Officers can investigate cognizable cases without a court order. They can examine witnesses and request their attendance. [2] For non-cognizable cases, a magistrate's order is required. Police must submit investigation reports detailing facts and witnesses. [3] If further evidence is found, additional reports can be submitted. Searches and arrests can occur based on reasonable grounds. Overall the document outlines police investigation procedures in India according to the Code of Criminal Procedure.
The document summarizes key aspects of the Code of Criminal Procedure (CrPC) in India, including:
1) The CrPC enacted in 1973 provides the process for investigating crimes, apprehending suspects, collecting evidence, determining guilt, and punishments.
2) It also addresses public nuisances, crime prevention, and maintenance of family. The Act has 484 sections divided into 37 chapters.
3) The summary outlines the procedure after a crime from filing an FIR to police investigation and filing charges. It also describes the powers of police during interrogation and arresting individuals.
Investigation with respect to the cognizable offence by police- FIR, Chargesh...Utkarsh Kumar
This document summarizes key aspects of criminal procedure and investigation in India according to the Criminal Procedure Code. It discusses:
1) The police's authority to investigate cognizable offenses without a court order or FIR. However, high courts can intervene if the FIR or materials do not disclose an offense.
2) Requirements for FIRs - they must be written, signed by the informant, and read back. FIRs provide the first information that sets the investigation in motion.
3) A magistrate's power to order an investigation under Section 156(3). However, they cannot direct how the investigation is conducted.
4) Irregularities in an investigation do not necessarily invalidate legal proceedings unless they cause a
The criminal justice system involves reporting offenses to the police, who may register an FIR and begin investigating. For cognizable offenses, the police can make arrests without a warrant. If the police refuse to register an FIR, the complainant can approach higher authorities or the court. Arrested individuals must be informed of the reasons for arrest and produced before a magistrate within 24 hours. The criminal process also involves bail procedures, investigation, filing charges, and trial, which can result in conviction or acquittal. The key laws governing the criminal justice system are the Code of Criminal Procedure, Indian Penal Code, and Indian Evidence Act.
The document provides an overview of the criminal justice system in Bangladesh and the role of police within it. It discusses how the criminal justice system works through investigation, prosecution, trial, and corrections phases. It outlines the key responsibilities of police such as investigating crimes, collecting evidence, making arrests, and assisting with prosecution. Police aim to advance justice by thorough investigations while respecting rights of accused. The goal is to reassure victims while limiting delays and pretrial detention.
This document discusses the human rights of arrested persons under international law and the Indian legal system. It outlines that international treaties like the ICCPR, UNCAT, and regional conventions protect rights such as the prohibition of arbitrary arrest, right to be informed of charges, right to appear before a judge, right to a fair trial, and compensation for unlawful arrest. The document also summarizes Indian constitutional protections and provisions in the Code of Criminal Procedure regarding rights during and after arrest like the right to know the grounds of arrest and right to legal counsel.
The document provides an analysis of the ICC arrest warrant issued for Omar al-Bashir, President of Sudan, for his alleged role in war crimes and crimes against humanity in Darfur from 2003 to 2008. It discusses the requirements for issuing an arrest warrant under the Rome Statute and analyzes whether those requirements were met. Specifically, it examines whether there were reasonable grounds to believe war crimes and crimes against humanity were committed in Darfur, whether Bashir incurred criminal liability as a co-perpetrator, and whether his arrest was necessary. It finds the evidence showed a non-international armed conflict in Darfur between Sudanese government forces and rebel groups, and that Bashir used state apparatus to direct widespread and systematic
The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment is an international human rights treaty that aims to prevent torture and other acts of cruel, inhuman, or degrading treatment or punishment around the world. The Convention defines torture and requires states to take effective measures to prevent torture in any territory under their jurisdiction. It also states that no exceptional circumstances can justify torture and that orders from superiors cannot be invoked as a justification for torture.
This document discusses the role and powers of a Justice of Peace (JP) in Pakistan. It notes that a JP performs administrative and ministerial functions, not judicial roles. It outlines the types of complaints a JP can address related to police matters, such as failures to register cases or record statements. However, a JP cannot directly interfere with investigations or transfer cases. When addressing complaints, a JP should gather police comments, ensure remedies are exhausted, and focus on facilitating solutions rather than directly resolving issues. Non-compliance of a JP's directions can result in recommending criminal cases or actions by higher police authorities.
WHAT MUST YOU DO IF YOU ARE DEPORTED FROM UAE? UAE is a pool of legislation which governs every aspect of citizens' life residing in the country, ensuring peace and harmony. With the presence of numerous laws, individuals, particularly foreign nationals, must keep up with every law in order to be eligible to stay in the country.
An FIR is a First Information Report filed with the police when they learn about a cognizable criminal offense. It initiates the criminal justice process by allowing the police to begin an investigation. Anyone who is aware of a cognizable crime can file an FIR, whether they are a victim or witness. The FIR must contain key details like the names of those involved, date/time/location of the incident. If the police refuse to register an FIR, one can file a complaint with higher-ranking police officials to compel the investigation.
Study circle Supervision of investigaton Role of Magistrates PresentationMohamad Zebkhan
The document discusses various provisions of the Criminal Procedure Code (CrPC) relating to the supervisory role of magistrates over police investigations. It notes that investigation, inquiry, and trial are the three main stages under the CrPC. Key areas where magistrates provide supervision include filing of FIRs, arrest/seizure, custody/remand, discharge of accused, interim orders regarding seized property, bail provisions, identification parades, recording of confessional statements, and submission of charge sheets. The document discusses relevant sections of the CrPC and case laws pertaining to each of these areas.
Preventive detention allows governments to detain people without charging them with a crime in order to prevent potential criminal acts or threats to national security. However, preventive detention violates human rights as it denies detained individuals fair trials and knowledge of the reasons for their detention, potentially leading to indefinite detention without due process. While preventive detention could stop terrorist attacks, it is unconstitutional in the United States as everyone has a right to a fair trial according to the Constitution.
Civil and criminal law were discussed in the document. Civil law deals with private legal matters like contracts while criminal law deals with offenses against the public. The key differences are that civil law is governed by substantive laws that define rights and duties, while procedural laws outline the process for civil cases. Criminal law defines offenses and penalties in codes like the IPC, while the CrPC establishes criminal procedures. Some major civil offenses discussed were contracts and torts. Major criminal offenses mentioned were murder, rape, and culpable homicide. The document also covered legal concepts like bail, arrest, trials, and defenses in criminal cases.
This document summarizes Article 22 of the Indian Constitution regarding the rights of arrested persons. It discusses that Article 22 guarantees certain fundamental rights to arrested persons, including the right to be informed of arrest grounds, consult a lawyer, be produced before a magistrate within 24 hours, and not be detained without a magistrate's order. It notes some exceptions for enemy aliens or those under preventive detention laws, and outlines constitutional safeguards for preventive detention like review by an advisory board and communication of detention grounds.
This document provides definitions and explanations of key legal terms from the Indian Code of Criminal Procedure (Cr.P.C). It defines and discusses bailable and non-bailable offenses, charge, cognizable and non-cognizable offenses, complaint, inquiry, investigation, judicial proceedings, offense, police report, public prosecutor, and warrant and summons cases. For each term, it provides the definition in Cr.P.C. and relevant case law examples to aid understanding of how the terms are applied in legal contexts.
The document discusses the legal rights of inmates in prisons in India. It defines who an inmate is and notes there are two types - those in police custody and those in jail. It outlines that inmates have certain fundamental rights under the Constitution of India, particularly regarding equality before the law, protection from torture, and right to a fair trial. Key Supreme Court cases have further established and protected the rights of inmates, such as the right to legal aid, sending letters, reading books, and receiving family visits. Police must also follow strict guidelines while making arrests to protect inmates' rights.
The document is a draft statute establishing an international criminal tribunal to prosecute crimes related to the downing of Malaysia Airlines Flight MH17 in 2014. The tribunal would have jurisdiction over war crimes, crimes against civil aviation safety, and crimes under Ukrainian law. It outlines the tribunal's structure and composition, including chambers, a prosecutor, and registry. It defines individual criminal responsibility and command responsibility. It also addresses issues like concurrent jurisdiction with national courts, statutes of limitations, grounds for excluding criminal responsibility, and the roles and appointment of judges and other officials.
The document provides an overview of criminal justice systems around the world and in Pakistan. It discusses the adversarial system used in common law countries where two advocates argue their positions before an impartial judge or jury. It also describes the inquisitorial system used in countries like Germany and France where the judge plays an active role in investigating the case. The document then discusses the Mughal judicial system and its hierarchy of courts at the imperial, provincial, district, and local levels. It finally outlines the key organs of Pakistan's current adversarial criminal justice system: investigation, prosecution, judiciary, and corrections.
The role of the Indonesian Attorney General’s Office as dominus litis in the ...Gunung Agung
PERAN KEJAKSAAN RI SEBAGAI DOMINUS LITIS DALAM
KEKISRUHAN KPK VS POLRI
http://mappifhui.org/2015/10/22/peran-kejaksaan-ri-sebagai-dominus-litis-dalam-kekisruhan-kpk-vs-polri/
The police investigate crimes by recording witness statements and collecting evidence. If the evidence points to a person's guilt, they file a charge sheet in court. For a fair trial, procedures must be followed like giving the accused a copy of the charges, holding an open trial in their presence where their lawyer can cross-examine witnesses, and the judge announces the sentence according to law.
The document discusses the rights of arrested women according to Article 22 of the Indian Constitution. It notes that the Constitution guarantees certain fundamental rights even when under arrest, including the rights to information about the arrest and access to legal aid. For women, additional rights include only being arrested by female officers, being held in separate lockups from men, and only being arrested between 6am and 6pm to prevent exploitation. The rights aim to protect women's safety and dignity during the arrest process.
This document summarizes several key Supreme Court cases related to torture and custodial deaths in India:
1) It discusses the need to amend laws to prevent police from escaping accountability for abuses against those in custody due to lack of evidence.
2) It establishes that all prisoners have rights against torture as guaranteed by Article 21. Investigative methods must be reformed to prevent abuse.
3) It recommends legal presumptions of police culpability if injuries occurred during custody, and calls for sensitivity from courts in custodial crime cases.
4) It mandates police complaint authorities to investigate allegations against police of all ranks.
The Code of Criminal Procedure (CrPC) outlines the procedure for administration of criminal law in India. It has been amended several times since being enacted in 1973. Key sections outline procedures for investigation, trial, sentencing, bail, and appeals. The Constitution of India is the supreme law of the country, establishing its fundamental political principles, structures, procedures, and defining the relationship between the individual and the state. It was drafted over several years by the Constituent Assembly and came into effect on January 26, 1950, completing India's transition to an independent republic.
INTERNATIONAL CRIMINAL COURT - FACT SHEETVogelDenise
17 USC § 107 Limitations on Exclusive Rights – FAIR USE
The International Criminal Court
For more than half a century since the Nuremberg and Tokyo trials, states have largely
failed to bring to justice those responsible for genocide, crimes against humanity and war crimes. With the creation of the International Criminal Court (ICC), the world has begun to fulfill the post-World War II promise of “never again.” The ICC is the world’s first permanent, international judicial body capable of bringing perpetrators to justice and providing redress to victims when states are unable or unwilling to do so. This represents a major stride for international justice. . .
What crimes does the Court prosecute?
The ICC can prosecute and bring to justice individuals accused of genocide, war crimes and crimes against humanity.
How do cases come before the Court?
Cases come before the court in one of three ways: (1) The Court’s Prosecutor can initiate an investigation into a situation where one or more of the crimes has been committed, based on information from any source, including the victim or the victim’s family, but only if the Court has jurisdiction over the crime and individual. (2) States that have ratified the Rome Statute may ask the Prosecutor to investigate a situation where one or more of the crimes have been committed. (3) The U.N. Security Council can ask the Prosecutor to investigate a situation where one or more of the crimes have been committed, even if the crimes occurred in the territory of a state that has not ratified the Rome Statute or was committed by the national of such a state.
What is the U.S. position on the Court?
…the ICC would only investigate cases involving U.S. nationals if the U.S. failed to investigate and, if appropriate, prosecute the individuals responsible. …
With WARMEST Regards,
Community Activist Vogel Denise Newsome
Post Office Box 31265
Jackson, Mississippi 39286
(513) 680-2922
DONATIONS to support the work may be made at:
www.Cash.me/$VogelDeniseNewsome
CONFIDENTIAL/ANONYMOUS Donations may be made at:
https://donorbox.org/community-activist-vogel-denise-newsome
The “.02% DELEGATION” Website: www.vogeldenisenewsome.com
THE INTERNATIONAL CRIMINAL COURT (ICC) AND MYANMAR-BANGLADESHMYO AUNG Myanmar
The International Criminal Court (ICC) investigates and, where warranted, tries individuals charged with the gravest crimes of concern to the international community: genocide, war crimes, crimes against humanity and the crime of aggression.
The Court is participating in a global fight to end impunity, and through international criminal justice, the Court aims to hold those responsible accountable for their crimes and to help prevent these crimes from happening again.
The Court cannot reach these goals alone. As a court of last resort, it seeks to complement, not replace, national Courts. Governed by an international treaty called the Rome Statute, the ICC is the world’s first permanent international criminal court.
https://www.icc-cpi.int/rohingya-myanmar
Preliminary examination Bangladesh/Myanmar(ONGOING)
https://www.icc-cpi.int/Pages/item.aspx?name=180918-otp-stat-Rohingya
Related Documents
18 September 2018
Statement of ICC Prosecutor, Mrs Fatou Bensouda, on opening a Preliminary Examination concerning the alleged deportation of the Rohingya people from Myanmar to Bangladesh
https://www.youtube.com/watch?v=DBDakDv9s2o&feature=youtu.be
https://www.dropbox.com/s/mszr5ktqh7a8ta0/Statement_of_ICC_Prosecutor_on_opening_a_Preliminary_Examination_concerning_the_Rohingya.mp4?dl=0
https://www.dropbox.com/s/xjfulzz77bl3nf5/Statement_of_ICC_Prosecutor_on_opening_a_Preliminary_Examination_concerning_the_Rohingya.mp3?dl=0
https://www.icc-cpi.int/Pages/record.aspx?docNo=ICC-RoC46(3)-01/18-1
https://www.icc-cpi.int/CourtRecords/CR2018_02057.PDF
https://www.icc-cpi.int/Pages/record.aspx?docNo=ICC-RoC46(3)-01/18-36
Notice of the Public Statement Issued by the Government of Myanmar
ICC-RoC46(3)-01/18-36
17 August 2018 | Office of the Prosecutor | Notice
https://www.icc-cpi.int/Pages/record.aspx?docNo=ICC-RoC46(3)-01/18-28
Decision Inviting the Competent Authorities of the Republic of the Union of Myanmar to Submit Observations pursuant to Rule 103(1) of the Rules of Procedure and Evidence on the “Prosecution’s Request for a Ruling on Jurisdiction under Article 19(3) o
ICC-RoC46(3)-01/18-28
21 June 2018 | Pre-Trial Chamber I | Decision
https://www.icc-cpi.int/Pages/record.aspx?docNo=ICC-RoC46(3)-01/18-31
This document discusses the human rights of arrested persons under international law and the Indian legal system. It outlines that international treaties like the ICCPR, UNCAT, and regional conventions protect rights such as the prohibition of arbitrary arrest, right to be informed of charges, right to appear before a judge, right to a fair trial, and compensation for unlawful arrest. The document also summarizes Indian constitutional protections and provisions in the Code of Criminal Procedure regarding rights during and after arrest like the right to know the grounds of arrest and right to legal counsel.
The document provides an analysis of the ICC arrest warrant issued for Omar al-Bashir, President of Sudan, for his alleged role in war crimes and crimes against humanity in Darfur from 2003 to 2008. It discusses the requirements for issuing an arrest warrant under the Rome Statute and analyzes whether those requirements were met. Specifically, it examines whether there were reasonable grounds to believe war crimes and crimes against humanity were committed in Darfur, whether Bashir incurred criminal liability as a co-perpetrator, and whether his arrest was necessary. It finds the evidence showed a non-international armed conflict in Darfur between Sudanese government forces and rebel groups, and that Bashir used state apparatus to direct widespread and systematic
The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment is an international human rights treaty that aims to prevent torture and other acts of cruel, inhuman, or degrading treatment or punishment around the world. The Convention defines torture and requires states to take effective measures to prevent torture in any territory under their jurisdiction. It also states that no exceptional circumstances can justify torture and that orders from superiors cannot be invoked as a justification for torture.
This document discusses the role and powers of a Justice of Peace (JP) in Pakistan. It notes that a JP performs administrative and ministerial functions, not judicial roles. It outlines the types of complaints a JP can address related to police matters, such as failures to register cases or record statements. However, a JP cannot directly interfere with investigations or transfer cases. When addressing complaints, a JP should gather police comments, ensure remedies are exhausted, and focus on facilitating solutions rather than directly resolving issues. Non-compliance of a JP's directions can result in recommending criminal cases or actions by higher police authorities.
WHAT MUST YOU DO IF YOU ARE DEPORTED FROM UAE? UAE is a pool of legislation which governs every aspect of citizens' life residing in the country, ensuring peace and harmony. With the presence of numerous laws, individuals, particularly foreign nationals, must keep up with every law in order to be eligible to stay in the country.
An FIR is a First Information Report filed with the police when they learn about a cognizable criminal offense. It initiates the criminal justice process by allowing the police to begin an investigation. Anyone who is aware of a cognizable crime can file an FIR, whether they are a victim or witness. The FIR must contain key details like the names of those involved, date/time/location of the incident. If the police refuse to register an FIR, one can file a complaint with higher-ranking police officials to compel the investigation.
Study circle Supervision of investigaton Role of Magistrates PresentationMohamad Zebkhan
The document discusses various provisions of the Criminal Procedure Code (CrPC) relating to the supervisory role of magistrates over police investigations. It notes that investigation, inquiry, and trial are the three main stages under the CrPC. Key areas where magistrates provide supervision include filing of FIRs, arrest/seizure, custody/remand, discharge of accused, interim orders regarding seized property, bail provisions, identification parades, recording of confessional statements, and submission of charge sheets. The document discusses relevant sections of the CrPC and case laws pertaining to each of these areas.
Preventive detention allows governments to detain people without charging them with a crime in order to prevent potential criminal acts or threats to national security. However, preventive detention violates human rights as it denies detained individuals fair trials and knowledge of the reasons for their detention, potentially leading to indefinite detention without due process. While preventive detention could stop terrorist attacks, it is unconstitutional in the United States as everyone has a right to a fair trial according to the Constitution.
Civil and criminal law were discussed in the document. Civil law deals with private legal matters like contracts while criminal law deals with offenses against the public. The key differences are that civil law is governed by substantive laws that define rights and duties, while procedural laws outline the process for civil cases. Criminal law defines offenses and penalties in codes like the IPC, while the CrPC establishes criminal procedures. Some major civil offenses discussed were contracts and torts. Major criminal offenses mentioned were murder, rape, and culpable homicide. The document also covered legal concepts like bail, arrest, trials, and defenses in criminal cases.
This document summarizes Article 22 of the Indian Constitution regarding the rights of arrested persons. It discusses that Article 22 guarantees certain fundamental rights to arrested persons, including the right to be informed of arrest grounds, consult a lawyer, be produced before a magistrate within 24 hours, and not be detained without a magistrate's order. It notes some exceptions for enemy aliens or those under preventive detention laws, and outlines constitutional safeguards for preventive detention like review by an advisory board and communication of detention grounds.
This document provides definitions and explanations of key legal terms from the Indian Code of Criminal Procedure (Cr.P.C). It defines and discusses bailable and non-bailable offenses, charge, cognizable and non-cognizable offenses, complaint, inquiry, investigation, judicial proceedings, offense, police report, public prosecutor, and warrant and summons cases. For each term, it provides the definition in Cr.P.C. and relevant case law examples to aid understanding of how the terms are applied in legal contexts.
The document discusses the legal rights of inmates in prisons in India. It defines who an inmate is and notes there are two types - those in police custody and those in jail. It outlines that inmates have certain fundamental rights under the Constitution of India, particularly regarding equality before the law, protection from torture, and right to a fair trial. Key Supreme Court cases have further established and protected the rights of inmates, such as the right to legal aid, sending letters, reading books, and receiving family visits. Police must also follow strict guidelines while making arrests to protect inmates' rights.
The document is a draft statute establishing an international criminal tribunal to prosecute crimes related to the downing of Malaysia Airlines Flight MH17 in 2014. The tribunal would have jurisdiction over war crimes, crimes against civil aviation safety, and crimes under Ukrainian law. It outlines the tribunal's structure and composition, including chambers, a prosecutor, and registry. It defines individual criminal responsibility and command responsibility. It also addresses issues like concurrent jurisdiction with national courts, statutes of limitations, grounds for excluding criminal responsibility, and the roles and appointment of judges and other officials.
The document provides an overview of criminal justice systems around the world and in Pakistan. It discusses the adversarial system used in common law countries where two advocates argue their positions before an impartial judge or jury. It also describes the inquisitorial system used in countries like Germany and France where the judge plays an active role in investigating the case. The document then discusses the Mughal judicial system and its hierarchy of courts at the imperial, provincial, district, and local levels. It finally outlines the key organs of Pakistan's current adversarial criminal justice system: investigation, prosecution, judiciary, and corrections.
The role of the Indonesian Attorney General’s Office as dominus litis in the ...Gunung Agung
PERAN KEJAKSAAN RI SEBAGAI DOMINUS LITIS DALAM
KEKISRUHAN KPK VS POLRI
http://mappifhui.org/2015/10/22/peran-kejaksaan-ri-sebagai-dominus-litis-dalam-kekisruhan-kpk-vs-polri/
The police investigate crimes by recording witness statements and collecting evidence. If the evidence points to a person's guilt, they file a charge sheet in court. For a fair trial, procedures must be followed like giving the accused a copy of the charges, holding an open trial in their presence where their lawyer can cross-examine witnesses, and the judge announces the sentence according to law.
The document discusses the rights of arrested women according to Article 22 of the Indian Constitution. It notes that the Constitution guarantees certain fundamental rights even when under arrest, including the rights to information about the arrest and access to legal aid. For women, additional rights include only being arrested by female officers, being held in separate lockups from men, and only being arrested between 6am and 6pm to prevent exploitation. The rights aim to protect women's safety and dignity during the arrest process.
This document summarizes several key Supreme Court cases related to torture and custodial deaths in India:
1) It discusses the need to amend laws to prevent police from escaping accountability for abuses against those in custody due to lack of evidence.
2) It establishes that all prisoners have rights against torture as guaranteed by Article 21. Investigative methods must be reformed to prevent abuse.
3) It recommends legal presumptions of police culpability if injuries occurred during custody, and calls for sensitivity from courts in custodial crime cases.
4) It mandates police complaint authorities to investigate allegations against police of all ranks.
The Code of Criminal Procedure (CrPC) outlines the procedure for administration of criminal law in India. It has been amended several times since being enacted in 1973. Key sections outline procedures for investigation, trial, sentencing, bail, and appeals. The Constitution of India is the supreme law of the country, establishing its fundamental political principles, structures, procedures, and defining the relationship between the individual and the state. It was drafted over several years by the Constituent Assembly and came into effect on January 26, 1950, completing India's transition to an independent republic.
INTERNATIONAL CRIMINAL COURT - FACT SHEETVogelDenise
17 USC § 107 Limitations on Exclusive Rights – FAIR USE
The International Criminal Court
For more than half a century since the Nuremberg and Tokyo trials, states have largely
failed to bring to justice those responsible for genocide, crimes against humanity and war crimes. With the creation of the International Criminal Court (ICC), the world has begun to fulfill the post-World War II promise of “never again.” The ICC is the world’s first permanent, international judicial body capable of bringing perpetrators to justice and providing redress to victims when states are unable or unwilling to do so. This represents a major stride for international justice. . .
What crimes does the Court prosecute?
The ICC can prosecute and bring to justice individuals accused of genocide, war crimes and crimes against humanity.
How do cases come before the Court?
Cases come before the court in one of three ways: (1) The Court’s Prosecutor can initiate an investigation into a situation where one or more of the crimes has been committed, based on information from any source, including the victim or the victim’s family, but only if the Court has jurisdiction over the crime and individual. (2) States that have ratified the Rome Statute may ask the Prosecutor to investigate a situation where one or more of the crimes have been committed. (3) The U.N. Security Council can ask the Prosecutor to investigate a situation where one or more of the crimes have been committed, even if the crimes occurred in the territory of a state that has not ratified the Rome Statute or was committed by the national of such a state.
What is the U.S. position on the Court?
…the ICC would only investigate cases involving U.S. nationals if the U.S. failed to investigate and, if appropriate, prosecute the individuals responsible. …
With WARMEST Regards,
Community Activist Vogel Denise Newsome
Post Office Box 31265
Jackson, Mississippi 39286
(513) 680-2922
DONATIONS to support the work may be made at:
www.Cash.me/$VogelDeniseNewsome
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The “.02% DELEGATION” Website: www.vogeldenisenewsome.com
THE INTERNATIONAL CRIMINAL COURT (ICC) AND MYANMAR-BANGLADESHMYO AUNG Myanmar
The International Criminal Court (ICC) investigates and, where warranted, tries individuals charged with the gravest crimes of concern to the international community: genocide, war crimes, crimes against humanity and the crime of aggression.
The Court is participating in a global fight to end impunity, and through international criminal justice, the Court aims to hold those responsible accountable for their crimes and to help prevent these crimes from happening again.
The Court cannot reach these goals alone. As a court of last resort, it seeks to complement, not replace, national Courts. Governed by an international treaty called the Rome Statute, the ICC is the world’s first permanent international criminal court.
https://www.icc-cpi.int/rohingya-myanmar
Preliminary examination Bangladesh/Myanmar(ONGOING)
https://www.icc-cpi.int/Pages/item.aspx?name=180918-otp-stat-Rohingya
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The document discusses the International Criminal Court (ICC) and recent efforts by some countries, predominantly in Africa, to withdraw from the ICC or undermine its authority. It provides background on the establishment of the ICC and its role in prosecuting war crimes, crimes against humanity, and genocide. However, some argue the ICC disproportionately targets African leaders, and the African Union has called on members to consider withdrawal. While not binding, this threatens the ICC's legitimacy and ability to uphold international law.
Significant development of the role of the International Criminal Court post ...Vilashini Devi
The International Criminal Court (ICC) was established in 2002 to prosecute serious international crimes. It was created due to the limitations of previous ad hoc tribunals which only addressed specific situations and crimes. The ICC has jurisdiction over genocide, crimes against humanity, war crimes, and crimes of aggression. While it has faced criticisms over issues like selectivity and sovereignty concerns, the ICC aims to end impunity for mass atrocities and bring justice to victims of serious international crimes.
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The International Criminal Court investigates and prosecutes individuals accused of genocide, crimes against humanity, war crimes, and the crime of aggression. It was established in 2002 and has 120 member states. The Court complements national courts and only investigates crimes within its jurisdiction when states are unwilling or unable to prosecute. If convicted, individuals face up to 30 years imprisonment or life imprisonment for the most serious crimes.
This document provides an overview of the jurisdiction and admissibility of the International Criminal Court as outlined in the Rome Statute. It discusses the four forms of jurisdiction the ICC possesses: temporal, personal, territorial, and subject-matter. Temporal jurisdiction refers to the time period of committed crimes. Personal jurisdiction involves which individuals can be prosecuted. Territorial jurisdiction covers which locations the ICC can exercise its powers. Subject-matter jurisdiction outlines the four international crimes the ICC can prosecute: genocide, crimes against humanity, war crimes, and crime of aggression. The document also examines the principles of complementarity and ne bis in idem regarding admissibility of cases.
The principle of universal jurisdiction allows the national authorities of any state to investigate and prosecute people for serious international crimes even if they were committed in another country. For example, this means that the German government could, if it chose to do so, prosecute U.S. officials for crimes committed in Iraq and Afghanistan. - http://www.childabductioncourt.eu
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APPEALS AGAINST DECISIONS OF THE EXAMINING MAGISTRATE IN CAMEROONAkashSharma618775
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to determine whether there is sufficient evidence to prosecute the defendant before a competent court of law.
During the preliminary inquiry, the Examining Magistrate is assisted by a Registrar and the defendant may be
represented by counsel. At the close of the inquiry, the Examining Magistrate shall ascertain whether or not any
offence is sustainable on the evidence against the defendant and shall make either a total or partial no case ruling
or a committal order. These various orders and rulings of the Examining Magistrate can be appeal against by any
disgruntled party to the proceedings before the Inquiry Control Chambers (ICC) of the competent Court of
Appeal.
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The document discusses steps that can be taken to make the International Criminal Court (ICC) a non-selective court. Currently, the ICC is often seen as targeting only African states. To address this, the document outlines three key steps: 1) More countries need to ratify the Rome Statute to give the ICC broader jurisdiction; 2) The UN Security Council's veto power limits cases it can refer and this role needs reconsideration; 3) African states need to strengthen domestic legal frameworks to investigate crimes internally to prevent ICC intervention. Taken together, these steps could help the ICC expand its work and be seen as less selective.
This document provides an overview of public international law, including definitions, the distinction between international law and national legal systems, theories of international law, and methods of enforcement.
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1. 17 USC § 107 Limitations on Exclusive Rights – FAIR USE
Fotos añadidas para dar énfasis!
En fecha 09.28.19, este artículo se puede encontrar aquí: https://www.afghanistan-analysts.org/questions-and-answers-
about-the-international-criminal-court-and-its-afghanistan-investigation/
Rights & Freedoms
Questions and Answers about the
International Criminal Court and
its Afghanistan Investigation
Author: AAN Team
Date: 22 November 2017
2. The Rome Statute was adopted in the UN Diplomatic Conference of Plenipotentiaries on the Establishment of
an International Criminal Court in 1998. The Afghan Mujaheddin Government sent a delegation, which was
led by current Chief Executive Abdullah Abdullah, to the Conference. That time Abdullah Abdullah was the
Deputy of Foreign Affairs Ministry.
On 20 November, the Prosecutor of the International Criminal Court (ICC) finally published her
request to open a formal investigation into war crimes and crimes against humanity committed in
Afghanistan. This means that the Prosecutor agrees with the result of the preliminary examination
showing that crimes meeting the ICC gravity threshold have been committed in Afghanistan since 2003
(the period for which the ICC has jurisdiction) and that the ICC considers that Afghanistan is either
unwilling or unable to prosecute these crimes nationally. The Prosecutor also made an open request to
the victims to send their statements to the Court by 31 January 2018. There is, then, a very important
but short window of opportunity for victims to share their stories with the Court. On the occasion of the
release of the Prosecutor’s request, AAN is publishing this question and answers dispatch focusing on
the ICC and Afghanistan (1).
THE ICC IN GENERAL
1. What is the International Criminal Court?
The ICC is an independent, permanent court established in 2002 to investigate and prosecute the following
international crimes: genocide, war crimes, and crimes against humanity.
2. What are war crimes and crimes against humanity?
War crimes are certain acts that violate international rules on how armed conflict must be conducted.
Crimes against humanity are serious human rights abuses committed against civilians on a widespread and
systematic scale. They are sometimes called atrocity crimes, and, unlike war crimes, they can be committed at
any time, not just during armed conflict. Some examples of these crimes are torture and cruel treatment
(such as abuse in detention), intentional killing of civilians, and attacks on places such as schools, hospitals
and mosques. Making these actions crimes means that individuals who ordered or perpetrated them can be
held criminally accountable. They are called international crimes because they are thought to be so
shocking that dealing with them should be the business of the whole world and not the state where the
crimes were committed.
3. How was the ICC established?
The Court was created by an international treaty known as the Rome Statute. It came into existence on July 1,
2002, after 60 states—the minimum number required—ratified the Statute. States that have ratified the Rome
Statute (at present, 123 states have done so) are legally obligated to cooperate with the Court.
4. When did Afghanistan join the ICC?
The government of Afghanistan ratified the Rome Statute in 2003, so the ICC can investigate Rome Statute
crimes committed by Afghans or on Afghanistan’s territory from May 1, 2003 onwards. The Rome Statute
was adopted in the UN Diplomatic Conference of Plenipotentiaries on the Establishment of an International
Criminal Court in 1998, also with Afghan involvement. The Afghan Mujaheddin Government, officially the
Islamic State of Afghanistan, sent a delegation, which was led by current Chief Executive Abdullah Abdullah,
to thecConference. That time Abdullah Abdullah was the Deputy of Foreign Affairs Ministry.
5. Who can the ICC investigate?
The Court can investigate individuals, not states or corporations. The Rome Statute does not recognise
immunity for any person, even heads of state or government officials. In other countries where the ICC
has intervened there have been arrest warrants issued against presidents and high level officials such as
heads of intelligence agencies, as well as the leaders of armed groups.
6. Where can the ICC investigate?
The Court has jurisdiction over crimes committed on the territory of a country that has signed the Rome
Statute, or crimes by citizens of countries that have ratified the Rome Statute. (This means that even though
the United States has not ratified the Rome Statute its citizens can be investigated for crimes committed
in Afghanistan since 2003). The Court can also investigate in countries that have not ratified the Rome
Statute, but this requires a UN Security Council referral.
3. 7. Where else has the ICC investigated?
To date, the ICC has opened ten investigations in nine countries: Uganda, the Democratic Republic of Congo;
the Central African Republic (where two separate investigations are underway); Darfur, Sudan; Kenya; Côte
d’Ivoire; Libya; Mali; and Georgia.
8. What triggers an investigation by the Court?
There are three ways that the ICC gets involved. First, a country that has ratified the Rome Statute can refer a
situation for investigation; secondly, the UN Security Council can refer a situation (as it has done in Libya and
Sudan); thirdly, the Prosecutor can seek to initiate an investigation in countries that have ratified the Rome
Statute. This is what has happened in Afghanistan.
9. What is the ICC’s relationship to national courts?
The ICC operates according to the principle of complementarity, which recognises that states have the main
responsibility to investigate and prosecute crimes committed in their territories or by their nationals.
This means that the Court can only investigate when a state is not already investigating or prosecuting the
same individual in a similar case, or is unable or unwilling to do so.
10. How does the ICC enforce its decisions?
The Court does not have its own police force; it relies on state cooperation to enforce arrest warrants and
comply with rulings. Other countries that are members of the Court also have a duty to cooperate – including
enforcing arrest warrants.
11. How long has the ICC been involved in Afghanistan?
The Office of the Prosecutor (OTP) of the ICC started a preliminary examination in Afghanistan at least as
long ago as 2006, when it was made public. A preliminary examination comes before a formal investigation
and allows the prosecutor to decide if the suspected crimes fit its mandate. The examination also includes
assessing whether the national government is doing enough to investigate and prosecute domestically.
THE ICC’s INVESTIGATION IN AFGHANISTAN
12. What was the result of the ICC Preliminary Examination into the Situation in Afghanistan?
The preliminary examination into crimes committed in Afghanistan lasted almost a decade. The ICC’s Office
of the Prosecutor (OTP) released its 2016 Preliminary Examination Report on Afghanistan (released annually)
on 14 November 2016. The report stated that the OTP had determined that there was a reasonable basis to
believe that, at a minimum, the following crimes within the Court’s jurisdiction had occurred:
Crimes against humanity and war crimes by the Taleban and their affiliate, the Haqqani Network
War crimes of torture and related ill-treatment by Afghan government forces, in particular the intelligence
agency (National Directorate for Security) and the Afghan National Police;
War crimes of torture and related ill-treatment, by US military forces deployed to Afghanistan and in secret
detention facilities operated by the Central Intelligence Agency, principally in the 2003-2004 period, although
allegedly continuing in some cases until 2014.
The Preliminary Examination also said that thresholds of admissibility had been reached, ie the alleged crimes
under ICC jurisdiction are sufficiently grave, are not being addressed by domestic or other legal bodies
(although this is “subject to further information that could be provided by the relevant national authorities in
the course of the preliminary examination or any subsequent investigation”) and there are “no substantial
reasons to believe that the opening of an investigation would not be in the interests of justice.”
The Preliminary Examination was initiated by the ICC Prosecutor and not requested by Afghanistan or the
United Nations Security Council, which means under the Court’s rules that, once the Prosecutor has
determined that there is a case or cases to answer, there has to be an additional, preliminary judgement by a
panel of judges from the Pre-Trial Chamber. The judges will review the Prosecutor’s request, as well as all the
supporting evidence, to ensure that an investigation is merited.
4. 13. What has the ICC’s Office of the Prosecutor done about the situation in Afghanistan based on the
Preliminary Examination?
On 30 October 2017 the ICC Prosecutor notified the Presidency of the ICC of her readiness to submit her
request to the Pre-Trial Chamber of the ICC seeking judicial authorisation to commence an investigation into
the situation in Afghanistan. On 3 November 2017, the Prosecutor announced that she was submitting her
request to the Pre-Trial Chamber. On the same day the Presidency established the Pre-Trial Chamber III to
deal with the Prosecutor’s request concerning the situation in Afghanistan.
On 20 November, the Prosecutor announced that she had submitted her request, seeking authorisation to
commence a full investigation into the situation in Afghanistan, to the Pre-Trial Chamber III of the Court.
According to this lengthy, 181-page request, all legal criteria for commencement of an investigation exist
(AAN’s analysis about these legal criteria and the OTP’s arguments concerning them: see here).
On the same day, 20 November, the Prosecutor also released a notification on the ICC website where she said:
By this notice, the Prosecutor of the International Criminal Court, Fatou Bensouda, informs victims of alleged
crimes committed on the territory of Afghanistan in the period of alleged crimes committed on the territory of
Afghanistan in the period since 1 May 2003, as well as victims of other alleged crimes that have a nexus to the
armed conflict in Afghanistan and were committed on the territory of other States Parties in the period since
1 July 2002, […].
The Prosecutor’s notice to victims follows an order issued by the three judges of the Pre-Trial Chamber on 9
November 2017 concerning the issue of victims’ representations. According to this order, war victims “may”
submit their representations to the Registry of the ICC until 31 of January 2018. For this purpose, the Registry
of the ICC developed special forms in local languages, namely Dari and Pashto, as well as English – although
victims can use any format and languages they are comfortable with. The victims can also send their messages
to the ICC as audio and video files. The Prosecutor was obliged in the order to notify the victims known to her
via public notice by general means. Victims’ engagement with the ICC is voluntary and they are not obliged
to prove their claims. The victims can submit their representation individually or collectively.
14. What happens now? What will an investigation in Afghanistan entail?
The prosecutor has now asked the judges (the “pre-trial chamber”) for authorization to open an investigation.
The judges will consider the material gathered by the prosecutor, but will also invite victims to tell the judges
what happened to them and whether they want the ICC to investigate. This is an important but very short
window for victims to be heard; it lasts from now until January 31, 2018 (See 16 below).
A decision from the judges or the pre-trial chamber can be expected within three to six months. If permission
to investigate is granted, the real investigation begins thereafter. When the real investigation starts, the
Prosecutor and her team have much more power to gather information.
15. Who are likely to be investigated by the ICC in Afghanistan?
Three main groups have been identified by the Prosecutor:
– the Taleban and affiliated armed groups
– Afghan government forces
– the United States military and Central Intelligence Agency
According to information received by the OTP thus far, over 17,000 civilian deaths between January 2007 and
December 2015 could be attributed to anti-government armed groups such as the Taleban. The report also
highlights attacks by the Taleban against schools, hospitals, mosques and humanitarian organisations (which
are “protected objects” under international law). In the case of criminal conduct by US forces and Afghan
government forces, grave abuses against conflict-related detainees appear to be the main focus.
16. Can the ICC investigate crimes committed by US forces if the US is not a party to the Rome Statute?
Although the United States is not itself a member of the ICC, because alleged crimes took place by US
nationals on the territory of Afghanistan, the Court is legally able to assert jurisdiction over them from
May 1, 2003 onwards. Furthermore, the Court has jurisdiction over all international crimes in other
countries that are members of the Court where so-called US “black sites” operated, regardless of the
nationality of the perpetrators (this includes Afghanistan, but also countries like Poland, Romania, Lithuania
where detainees were taken for interrogation).
5. 17. What role can victims play in the Court’s work?
There are three main areas of involvement:
(1) Victim Representations: when the judges/chambers are deciding whether to accept the Prosecutors’ request
to investigate (see 14), they may ask for the opinions of victims.
(2) Victim Participation: Once charges are filed against specific individuals (see 15), victims can apply to be
recognised by the Court and will then be represented by a lawyer who can participate on their behalf at relevant
stages of the proceedings. The Court will also try to keep victims informed about the status of proceedings.
(3) Reparations: If an accused is convicted, victims can receive reparations. It has already ordered reparations
for victims in the Democratic Republic of Congo and Mali, but this requires that an individual first be convicted
for his or her crimes. The ICC’s Trust Fund for Victims (TFV) implements Court-ordered reparations; it also
has the authority to provide physical, psychological, and material support to victims and their families in
situations where the Court is investigating.
18. What role can civil society play in the Court’s work?
During investigations, the Prosecutor sometimes asks local civil society organisations that have information
about the alleged crimes to help lead them to sources of evidence such as witnesses. Sometimes they seek to
make formal arrangements with people they call ‘intermediaries’. Civil society should talk to lawyers or groups
who work on these kinds of investigations to fully understand the consequences of giving such information
later on if it is used in a trial. For example, any information given to the Prosecutor might have to be revealed
to the defence in the case.
19. Is information provided by victims to the ICC confidential?
Information provided to judges by victims about whether they want an investigation to open is not made public.
Information provided to the Prosecutor when the investigation starts is not made public, although defence
lawyers can ask for such information. The Court has significant discretion regarding how much information it
needs to share with anyone at this stage. Victims should talk to lawyers or groups who work on these kinds of
investigations to fully understand their rights and potential risks before talking to the Court.
20. Can other countries stop the Court if they don’t want this investigation?
The only way that countries can legally stop an investigation is to ask the UN Security Council to defer an
investigation, for a renewable period of 12 months. This is not easy: it requires a majority of the Security
Council’s vote (9+ out of 15), and no vetoes from any of the permanent member states (US, UK, Russia, China,
France). It is noteworthy that the US has not joined the Court but if warrants are issued for American citizens,
then they can be arrested if they travel to countries that are ICC members.
Because of the principle of complementarity (see The ICC in General, 9, above), states that are themselves in
a position to prosecute these crimes will have the opportunity at different stages to argue that the ICC should
stop its actions because they are already investigating the same crimes themselves.
21. What has been the effect of ICC investigations in other countries?
It’s important to see the ICC as having two roles: one being the investigations and trials themselves, the other
being the impact the Court can have on domestic prosecutions. A good outcome is accelerating and expanding
domestic accountability by, for instance, passing domestic legislation that criminalises international crimes,
prosecuting accused individuals before national courts, upgrading domestic court systems to vigorously
prosecute such crimes, and passing domestic legislation that improves the means by which to do so (such as
improving witness protection programs). So far, ICC examinations and investigations in other countries have
led to some prosecutions by local or national courts, as in Uganda, Colombia, and the Democratic Republic
of Congo. Moreover, although some commentators express concern that the ICC’s involvement can complicate
conflict situations, others have argued that the Court has actuallyhelped support peace negotiations in countries
emerging from conflict, like Uganda and Colombia, by ensuring that accountability is part of the countries’
post-conflict agreement.
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(1) The first version of this Questions and Answers document was prepared by the Open Society Justice
Initiative for a seminar series. OSJI kindly offered the document to AAN for publication and AAN’s Ehsan
Qaane has completed it with information about the Prosecutor’s request. For in-depth information about the
ICC in Afghanistan, see AAN’s previous publications here, here and here.