BARREAU PÉNAL INTERNATIONAL CRIMINAL BAR
Al-Senussi case: Appeals Chamber confirms case is inadmissible before ICC PDF Print E-mail
COURTS - INTERNATIONAL CRIMINAL COURT
Friday, 25 July 2014 09:31

The 24th July 2014, the Appeals Chamber of the International Criminal Court (ICC) unanimously confirmed Pre-Trial Chamber I's decision which declared the case against Abdullah Al-Senussi inadmissible before the ICC.
On 2 April 2013, the Libyan authorities filed a challenge to the admissibility of the case with regard to Abdullah Al Senussi before Pre-Trial Chamber I of the ICC.  On 11 October 2013, Pre-Trial Chamber I decided that the case against Mr Al-Senussi was inadmissible before the Court as it was subject to on-going domestic proceedings conducted by the competent Libyan authorities and that Libya was willing and able genuinely to carry out such investigation. On 17 October 2013, the Defence appealed this decision.
In an open session today, the Presiding Judge in this appeal, Judge Akua Kuenyehia, read a summary of the Judgment of the Appeals Chamber and of the separate opinions by Judges Sang-Hyun Song and Judge Anita Ušacka. The Presiding Judge indicated that the Appeals Chamber examined thoroughly the three grounds of appeal submitted by the Defence of Mr Senussi. The Appeals Chamber concluded that there were no errors in the findings of the Pre-Trial Chamber that Libya is not unwilling or unable to genuinely prosecute Mr Al-Senussi, or in the exercise of its discretion in the conduct of the proceedings and in the evaluation of the evidence.
In accordance with the Rome Statute, the ICC does not replace national criminal justice systems; rather, it complements them. The ICC can investigate and, where warranted, prosecute and try individuals only if the State concerned does not, cannot or is unwilling genuinely to do so.

 
UN allocates $75 million to boost aid operations in the Sahel, Horn of Africa PDF Print E-mail
SITUATIONS AND CASES - SITUATIONS ET AFFAIRES
Thursday, 24 July 2014 10:54

The United Nations humanitarian chief today allocated $75 million from the UN Central Emergency Response Fund (CERF) to bolster desperately needed relief operations in two of the world’s most neglected regions: the West African Sahel and the Horn of Africa.
“With so many crises competing for attention, many people in need are forgotten,” said Under-Secretary-General for Humanitarian Affairs, Valerie Amos, in a press statement today.
The money will go to 11 countries which were selected based on a global review of critical aid operations that are facing funding deficits. It will help relief agencies provide urgent aid to millions of people in these regions affected by violent conflict, mass displacement and deepening food insecurity.
“This allocation will help critical emergency operations in the Sahel and in the Horn of Africa, regions with high levels of malnutrition and food insecurity. People are hungry. Their plight was front-page news just two years ago. These countries could fall back into crisis if we don’t help now,” Ms. Amos said.
Countries in the Horn will receive $44.5 million. The largest single allocation, $20 million, will go to Somalia, where 2.9 million people are struggling to feed themselves.
Humanitarian agencies in Ethiopia, Kenya and Eritrea will receive $12 million, $10 million and $2.5 million, respectively. Another $30.5 million will allow aid agencies to boost emergency operations in seven countries in the Sahel including Niger, Cameroon, Senegal, Burkina Faso, Mauritania, Nigeria and Gambia.
This is the second of two annual rounds of allocations from the CERF Underfunded Emergencies window, designed to ensure life-saving relief work continues in countries where needs are high.
When CERF was established in 2005, humanitarian appeals sought $6 billion in funding worldwide and by mid-2014, that amount has nearly tripled to $17 billion. Since its inception, the Fund has allocated more than $3.4 billion for humanitarian agencies operating in 88 countries.

 
ICC Appeals Chamber to deliver Appeals judgment on the admissibility of the Al-Senussi case on 24 July 2014 PDF Print E-mail
COURTS - INTERNATIONAL CRIMINAL COURT
Wednesday, 23 July 2014 08:56

The 22nd July 2014, the Appeals Chamber of the International Criminal Court (ICC) scheduled a public hearing on Thursday, 24 July, at 11:00 (The Hague local time) to deliver its judgment on the admissibility of the case against Abdullah Al-Senussi.
On 11th October 2013, Pre-Trial Chamber I decided that the case against Abdullah Al-Senussi was inadmissible before the ICC as it was currently subject to domestic proceedings conducted by the Libyan competent authorities and that Libya was willing and able genuinely to carry out such investigation. On 17 October 2014, the Defence appealed this decision.
Abdullah Al-Senussi is charged with two counts of crimes against humanity (murder and persecution) allegedly committed across Libya from 15 until at least 28 February 2011.

 
Ntaganda case: ICC Presidency constitutes Trial Chamber VI PDF Print E-mail
COURTS - INTERNATIONAL CRIMINAL COURT
Tuesday, 22 July 2014 10:13

On 18 July 2014, the Presidency of the International Criminal Court (ICC) constituted Trial Chamber VI, which will be in charge of the case of The Prosecutor v. Bosco Ntaganda. Trial Chamber VI is composed of Judge Kuniko Ozaki (Japan), Judge Robert Fremr (Czech Republic) and Judge Geoffrey A. Henderson (Trinidad and Tobago).
Background: The confirmation of charges hearing in the Ntaganda case was held from 10 to 14 February 2014. On 9 June 2014, Pre-Trial Chamber II unanimously confirmed the charges against Bosco Ntaganda and committed him for trial before a Trial Chamber. On 4 July 2014, Pre-Trial Chamber II rejected the Defence’s request for authorization to appeal the confirmation of charges decision in the case.
Bosco Ntaganda, former alleged Deputy Chief of the General Staff of the Force Patriotiques pour la Libération du Congo [Patriotic Force for the Liberation of Congo] (FPLC), is accused of 13 counts of war crimes (murder and attempted murder; attacking civilians; rape; sexual slavery of civilians; pillaging; displacement of civilians; attacking protected objects; destroying the enemy's property; and rape, sexual slavery, enlistment and conscription of child soldiers under the age of fifteen years and using them to participate actively in hostilities) and five crimes against humanity (murder and attempted murder; rape; sexual slavery; persecution; forcible transfer of population) allegedly committed in Ituri (the DRC).

 
Austria ratifies the amendments to the Rome Statute on the crime of aggression and on article 8 related to war crimes PDF Print E-mail
COURTS - INTERNATIONAL CRIMINAL COURT
Tuesday, 22 July 2014 09:46

The President of the Assembly of States Parties to the Rome Statute, Ambassador Tiina Intelmann, warmly welcomed the deposit at the United Nations on 17 July 2014 of the instruments of ratification of the 2010 amendments to the Rome Statute, by H.E. Mr. Martin Sajdik, Permanent Representative of Austria to the United Nations.
The 2010 amendments to the Rome Statute are two sets of amendments that were adopted by consensus at the first Review Conference of the Rome Statute, held in Kampala, Uganda. The first of these amendments pertains to article 8 of the Rome Statute, which characterises the use of certain weapons during non-international armed conflict as war crimes. The second concerns provisions for the exercise of jurisdiction of the Court over the crime of aggression.
The crime of aggression was initially included in the Rome Statute in 1998 as one of the crimes under the jurisdiction of the Court, while the definition of the crime and the mechanism for the Court's exercise of jurisdiction were deferred to a Review Conference. The amendments adopted in Kampala, Uganda in 2010 define the crime of aggression and provide for the conditions for the exercise of jurisdiction over this crime. The Court may exercise jurisdiction over the crime of aggression once thirty States Parties have ratified the amendments, and subject to a decision to be taken after 1 January 2017 by the States Parties.
"The deposit of instruments of ratification by Austria brings the number of ratifications of the crime of aggression to fifteen," stated President Intelmann. "The Kampala Amendments, especially on the crime of aggression, strengthen the international legal framework that prohibits the use of force and increases the guarantees of peace and of respect for the territorial integrity of the States Parties to the Rome Statute. Thus it is encouraging that the pace of ratifications continues. I hope that other States Parties from all regions will follow suit."
Austrian Ambassador Sajdik remarked that, "The fight against impunity for grave violations of human rights and the strengthening of the International Criminal Court is a top priority of Austrian foreign policy. Austria is proud that by ratifying the amendments, it is not only supporting the International Criminal Court in the fight against impunity but also contributing considerably to the development of international criminal justice."
Austria ratified the Rome Statute on 28 December 2000, making it one of the first sixty States to contribute to the entry into force of the Statute, thereby establishing the Court. Austria also ratified the Agreement on Privileges and Immunities of the Court on 17 December 2003, and in 2002 it enacted legislation to ensure effective cooperation with the Court. Austria was also the first state party to conclude, in 2005, an Agreement on the enforcement of sentences with the Court.

 
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