0000007205 00000 n 0000005290 00000 n Includes dissenting opinion of Judge Hans-Peter Kaul. ** The Rules of Procedure and Evidence are reproduced from the Official Records of the Assembly of States Parties to the Rome Statute of the International Criminal Court, First session, New York, 3-10 September 2002 (ICC-ASP/1/3 and … 0000037095 00000 n Published by Oxford University Press. The ECCC’s Approach to Evidence and Proof 0000006772 00000 n 0000028893 00000 n h��X TS�} d $/a��D1�P (�քd��Y� �PD PT���Zk�V�2�W���T,(X��_�[�����I�V���]+����s�>��s^ � ��0 � (��Ap ���hJ�t�#�8��M�e>�9���-E��C M!w�x�F�ⷔS`7h�]A�C{qH����W��&U�$��)T�^#�,�����%��麛H�]�l�)�������G1 �)M�{� �R�H �' �^��A7�����f��� @�&o�5ҵ�(r)�6� 0000005948 00000 n The Preamble, Article 1 and Article 5(1) all emphasize that only the ‘most serious crimes of concern to the international community as a whole’ are subject to ICC jurisdiction. 0000027671 00000 n It will not act if a case is investigated or prosecuted by a national judicial system unless the national proceedings are not genuine, for example if formal proceedings were undertaken solely to shield a person from criminal responsibility. Refworld contains a vast collection of reports relating to situations in countries of origin, policy documents and positions, and documents relating to international and national legal frameworks. Please check your email address / username and password and try again.
In addition, in the Elements of Crimes for the International Criminal Court, the concept of “invasion” used to define rape is “intended to be broad enough to be gender-neutral”.Rule 93. 3848 33 %%EOF Search for other works by this author on: The ICC is a court of last resort. The Function and Dysfunction of the Pre-Trial Chamber at the Extraordinary Chambers in the Courts of Cambodia USD $47.00 0000015447 00000 n Halley submits that there are contradictions between the ICC's RPE and Elements of Crimes. 0000004577 00000 n Thus, both the European Court of Human Rights and the Inter-American Commission on Human Rights have, in their case-law, found instances of rape of detainees to amount to torture.With respect to the definition of rape, the International Criminal Tribunal for the former Yugoslavia considered in its judgment in the Rape and sexual violence can also be constituent elements of other crimes under international law. All rights reserved. 28 If the Statute does not address the issue at hand, and the issue is related to genocide, crimes against humanity or war crimes, the Court must then turn to the Elements of Crimes, a document adopted by the ICC Assembly of States Parties that elaborates on the crimes described in the Rome Statute.
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State practice establishes this rule as a norm of customary international law applicable in both international and non-international armed conflicts.The prohibition of rape under international humanitarian law was already recognized in the Lieber Code.Numerous military manuals state that rape, enforced prostitution and indecent assault are prohibited and many of them specify that these acts are war crimes.Violations of the prohibition of rape and other forms of sexual violence have been widely condemned by States and international organizations.Sexual violence is prohibited under human rights law primarily through the prohibition of torture and cruel, inhuman or degrading treatment or punishment. 0000006618 00000 n 0000027030 00000 n
Article 5 Crimes within the jurisdiction of the Court 3 Article 6 Genocide 3 Article 7 Crimes against humanity 3 Article 8 War crimes 4 Article 8 bis Crime of aggression 7 Article 9 Elements of Crimes 8 Article 10 8 Article 11 Jurisdiction ratione temporis 8 Article 12 Preconditions to the exercise of jurisdiction 8 Article 13 Exercise of jurisdiction 9 Article 14 Referral of a situation by a State Party 9 …
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