Tag Archives: ICC

6 March 2014

UN human rights investigators: world powers responsible for allowing war crimes to persist

All sides in the Syrian civil war are committing war crimes and the world powers bear responsibility for allowing these crimes to endure, stated UN human rights investigators on 5 March 2014. Their latest report on atrocities committed in Syria urges the Security Council to refer grave violations of humanitarian law to the International Criminal Court. It said that ‘the Security Council bears responsibility for allowing the warring parties to violate these rules with impunity.’ The independent investigators said that both sides in the conflict have been supported by the disagreeing world powers and that the diplomatic impasse has worsened the atrocities. They stated that not just the fighters and their commanders can be held accountable for the war crimes, but states which transfer arms to Syria as well.

Source: Reuters | World powers responsible for failing to stop Syria war crimes: U.N.

2014

The Relationship between the International Criminal Court and its Host State: Impact on Human Rights

Emma Irving

When an international criminal tribunal establishes its headquarters in a State, its legal relationship with that State must be carved out. This legal relationship has the potential to exclude the applicability of human rights protection by curtailing the host State’s … Read more

13 February 2014

SHARES Lecture: ‘Complementarity in the Line of Fire: The Catalysing Effect of the International Criminal Court in Uganda and Sudan’, by Sarah Nouwen

On 13 February 2014, Dr. Sarah Nouwen will give a lecture entitled: ‘Complementarity in the Line of Fire: The Catalysing Effect of the International Criminal Court in Uganda and Sudan’ on the occasion of the publication of her new book Complementarity in the Line of Fire: The Catalysing Effect of the International Criminal Court in Uganda and Sudan (Cambridge University Press, 2013).

Dr. Sarah Nouwen is a university lecturer in law at the University of Cambridge and fellow of the Lauterpacht Centre for International Law and of Pembroke College. Her book, Complementarity in the Line of Fire: The Catalysing Effect of the International Criminal Court in Uganda and Sudan (part of Cambridge Studies in Law and Society) explores whether, how and why the complementarity principle in the Rome Statute of the International Criminal Court has had a catalysing effect on the legal systems of Uganda and Sudan. She spent many months in both countries, interviewing officials, observing proceedings and searching documents to discover whether domestic legal reforms have taken place in response to the Court’s involvement.  (more…)

28 October 2013

The Legal Limbo Continues: Update on the Detained Witnesses at the ICC

ICC, © http://www.denhaag.nl/

ICC, © http://www.denhaag.nl/

In October 2012 and January of this year the SHARES blog posted about the situation of Congolese witnesses detained at the International Criminal Court (ICC) in The Hague. Their detention continues, and while the resolution of their legal status is one step closer, it is also as illusive as ever, due to a decision of the Amsterdam District Court.

A detailed background to the situation can be found here, but can be briefly summarised as follows. Four individuals, detained in the Democratic Republic of the Congo (DRC) on charges relating to the on going armed conflict in the country, were transferred to the ICC detention unit in May 2011 in order to give evidence as witnesses. (more…)

15 October 2013

No Asylum for ICC Witnesses, but no return to the DRC either

The District Court of Amsterdam held yesterday, on 14 October 2013, that three witnesses detained at the International Criminal Court since May 2011 are not eligible for asylum in the Netherlands. They are suspected of involvement in crimes against humanity in the Democratic Republic of Congo (DRC), and as such can be excluded from asylum under Article 1F of the Refugee Convention. Despite this, the Court held that the witnesses could not be returned to the DRC as there is a real risk that they will be detained, subjected to an unfair trial, and possibly given the death penalty. As such, the Court held that to return the witnesses would be contrary to the European Convention of Human Rights, in particular Article 6.

Source: De Rechtspraak | Court forbids deportation of Congolese witnesses

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