The Legal issues involving Dominic Ongwens surrender
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The document discusses the legal issues surrounding the surrender of Dominic Ongwen, a senior commander in the Lord's Resistance Army wanted for war crimes and crimes against humanity. Both the International Criminal Court and Uganda's International Crimes Division have jurisdiction to try Ongwen. However, Uganda's Amnesty Act could provide Ongwen amnesty if he provides information about Joseph Kony's whereabouts. This complex case will test the interaction between international law, domestic prosecution, and amnesties.
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The document discusses trials held by international courts, including the trials of Saddam Hussein, Slobodan Milosevic, and cases handled by the International Criminal Tribunal for Rwanda. It provides background on the International Court of Justice and describes some of the major cases they have heard. Specifically, it outlines the charges against Saddam Hussein for crimes against humanity, the charges against Milosevic for genocide and crimes against humanity, and precedents set by the ICTR, including the first time rape was classified as genocide.
Laurea. 2015
This document provides an abstract and introduction for a dissertation on unsolved deaths in police custody and prisons in Italy. It discusses several cases of individuals who died in state custody where the circumstances or those responsible were never determined. This includes Giuseppe Uva, who died after being beaten in police custody, and Stefano Cucchi, who died in prison a week after his arrest. The dissertation aims to investigate these deaths and understand who is responsible. It will examine issues within the Italian criminal justice system like overcrowding, corruption, abuse of power by authorities, and the high rate of deaths in custody that often go unsolved. Interviews will be conducted with the sister of one victim and experts on the Italian prison system to
6.1 categories of international crime
This document discusses international crime and efforts to address it. It defines key terms like state sovereignty, international crime, and transnational crime. International crimes can be divided into two categories: crimes against the international community like genocide and war crimes, and transnational crimes that cross borders like drug trafficking and terrorism. The document examines challenges in prosecuting international crimes and discusses domestic and international approaches. Domestically, countries sign agreements, ratify them in domestic law, and fund enforcement agencies. Internationally, ad hoc tribunals and the International Criminal Court have been established but face issues with effectiveness, bias perceptions, and political barriers to referrals.
INTERNATIONAL CRIMINAL COURT - FACT SHEET
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,
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Significant development of the role of the International Criminal Court post ...
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.
PUBLIC INTERNATIONAL LAW I
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.
The key points covered are:
1) International law governs relations between states and other international actors, and is decentralized with no central authority, in contrast to national legal systems.
2) There are various theories regarding whether international law can truly be considered law due to its lack of centralized institutions and enforcement mechanisms.
3) Methods of enforcing international law include self-help measures such as retorsion and reprisals between states.
Role of ICC in Promoting International Humanitarian Law
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.
Politics of icc in africa
The document discusses the politics of the International Criminal Court in Africa. It provides background on the history and establishment of the ICC after World War II. It outlines the roles of the ICC in prosecuting genocide, crimes against humanity, and war crimes. It then discusses criticism of the ICC's focus on African states and cases involving the leaders of Kenya and Sudan.
Right to-pre-trial-release-in-Turkey
This document discusses international standards regarding pre-trial release and arbitrary detention of lawyers in Turkey. It notes that Turkey has obligations under international treaties to ensure fair trial rights, the presumption of innocence, and to avoid arbitrary arrest and detention. However, it reports that Turkish lawyers defending politically sensitive cases are often subjected to judicial harassment and arrest on questionable terrorism charges. Specifically in 2011, 36 lawyers were arrested and detained as part of an investigation into an alleged terrorist group, and many remain in custody awaiting trial. The document analyzes Turkey's obligations under international law to respect rights of pre-trial release, fair trials, and non-arbitrary detention.
Intenational police
International police organization Interpol was established in 1923 and facilitates international police cooperation. It focuses on public safety and battling transnational crimes. Interpol aims to promote mutual assistance between criminal police authorities within existing laws and human rights. In 2016, a Chinese politician was elected Interpol president but went missing in 2018 during a trip to China. Interpol's role is defined in its constitution to ensure cooperation between police and establish institutions to prevent crimes.
Law and order UK&HK
The document compares and contrasts the legal systems of Hong Kong and the United Kingdom. Some key points:
- Hong Kong's legal system draws from the Basic Law, common law, and statutes, while the UK has an uncodified constitution embodied in legal documents.
- Crime rates are lower in both places compared to global averages, with about 1 crime per 139 people in Hong Kong and 1 per 15 people in the UK.
- Laws around issues like rape, homicide, and burglary differ in terms of definitions and punishments between the two locations.
- Cultural factors also influence crime rates and perspectives on certain laws.
Chine : le CCBE demande la libération de Mes Tang Jingling et Liu Shihui
Lettre du président du CCBE au président chinois pour protester contre l'arrestation arbitraires de Maîtres Tang Jingling et Liu Shihui et demander leur libération
THE INTERNATIONAL CRIMINAL COURT (ICC) AND MYANMAR-BANGLADESH
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
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The Legal issues involving Dominic Ongwens surrender
The document summarizes the legal issues surrounding the surrender of Dominic Ongwen, a senior Lord's Resistance Army (LRA) commander wanted for war crimes and crimes against humanity. Both the International Criminal Court (ICC) and Uganda's International Crimes Division have jurisdiction to try Ongwen. However, Uganda's Amnesty Act could provide Ongwen amnesty if he provides information about LRA leader Joseph Kony. This complex case tests the interaction between international law, domestic prosecution of international crimes, and the use of amnesties.
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The Legal issues involving Dominic Ongwens surrender
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The Legal issues involving Dominic Ongwens surrender
- 1. The legal issues involving Dominic Ongwen’s Surrender The lead story this week is the surrender/capture of a senior commander in the rebel Lord's Resistance Army (LRA) movement, Dominic Ongwen. Ongwen is wanted by the International Criminal Court (ICC) for war crimes and crimes against humanity. The ICC became actively involved in Uganda after peace talks in 2003 failed between the government and the Lord’s Resistance Army (LRA). In 2003 the Ugandan government referred situations of international criminal law committed on its territory to the ICC. The LRA had been at war with the UPDF since 1987 and has perpetrated mass killing, looting, abduction, and other forms of violence against civilians. The ICC then launched its investigations in Uganda in 2004, but to date is yet to arrest or hold a trial of an LRA combatant. In mid-2005, the ICC issued arrest warrants for Joseph Kony, the LRA leader, and four of his commanders. The commanders included Vincent Otti (deceased), Okot Odhiambo (deceased), Raska Lukwiya and Dominic Ongwen. Ongwen is said to have commanded the LRA's Sinia Brigade which has been blamed for some of the worst atrocities the LRA carried out in northern Uganda. Although his surrender comes as a victory in the war against LRA, it poses serious legal questions. The first is the question of jurisdiction. The ICC and the International Crimes Division of the High court of Uganda (ICD) both have jurisdiction to try Ongwen should he be prosecuted. The ICC was created as a result of the Rome Statute which was domesticated by Uganda and entered into force as the International Criminal Court Act of 2010. The Act mandates Ugandan courts to try crimes against humanity and war crimes among others. Section 6 of The High Court (International Crimes Division) Practice Directions, NO.10 of 2011 grants authority to the ICD to try any offence relating to genocide,
- 2. crimes against humanity, war crimes, terrorism, human trafficking, piracy and any other international crime as may be provided for under the Penal Code Act, Cap 120, The Geneva Conventions Act, Cap 363, The International Criminal Court Act, No.11 of 2010 or under any other penal enactment. Although the ICD in this case has jurisdiction to try Ongwen, we must be alive to the fact that there is still an existing warrant of arrest issued by the ICC against Ongwen. The ICC Act created a complimentary type arrangement between the ICC and the ICD. In theory, the ICD can try suspects like Ongwen and leave cases which it doesn’t have capacity to try or which it doesn’t want to try to the ICC. By the time of authoring this article, it was not clear whether the Government of Uganda had expressed interest in prosecuting Ongwen. What is clear, is that the ICC has come under scathing attack from President Museveni who has in the recent past blamed the ICC for ‘selective justice’ against African leaders. His sentiments came in the wake of the ICC summoning a sitting head of state, Kenyan president Uhuru Kenyatta over charges of crimes against humanity. The second legal question is that of amnesty. The Amnesty Act in Uganda was passed in 2000 as part of efforts to end hostilities in northern Uganda and bring the LRA to the negotiating table. The Act provides blanket amnesty for anyone who surrendered peacefully. It came under scrutiny in 2011 following the trial of Thomas Kwoyelo who was the first person to be prosecuted in the new International Crimes Division of Uganda’s High Court, even though he was in theory eligible for amnesty. The matter reached the Constitutional Court which ruled that the refusal to grant amnesty to Kwoyelo was indeed a violation of the equal treatment provision of the constitution. It ordered that the Kwoyelo trial be returned to the High Court’s International Crimes Division and be dismissed.
- 3. The decision has been appealed and is currently before the Supreme Court. It is however safe to speculate that Ongwen might in fact be offered amnesty if he can provide valuable information about the whereabouts of Joseph Kony. In the end, this case will definitely prove to be an interesting case study for the interplay amongst issues of international criminal law, domestic prosecution of international crimes and amnesties in general. Muhangi Kenneth Signum Advocates LLB (Hons) LLM (Wales) Dip. Lp. LDC Lawyer