International law, Sixth edition
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International Law MALCOLM N. SHAW
party to the Statute, 88 or the where Prosecutor has himself or herself initi- ated an investigation. 89 In the latter case, where the Prosecutor concludes, after having analysed the seriousness of the information received, that there is a reasonable basis to proceed to an investigation, a request for authorisation of an investigation, together with any supporting material collected, will be submitted to the Pre-Trial Chamber. Victims may also make representations to the Pre-Trial Chamber, in accordance with the 84 Article 12(2). 85 Article 13(b). 86 See www.icc-cpi.int/library/organs/otp/ICC-OTP Fact-Sheet-Darfur-20070227 en.pdf. 87 See ICC-02/05-01/07-2 01-05-2007 1/16 CB PT and ICC-02/05-01/07-3 01-05-2007 1/17 CB PT. See also Schabas, International Criminal Court, pp. 47 ff. The Prosecutor applied for a warrant of arrest against the President of Sudan on 14 July 2008 alleging genocide, war crimes and crimes against humanity, ICC-OTP-20080714-PR341-ENG. 88 Articles 13(a) and 14. 89 Article 13(c). i n d i v i d ua l c r i m i na l r e s p o n s i b i l i t y 413 Rules of Procedure and Evidence. Where the Pre-Trial Chamber, upon examination of the request and the supporting material, considers that there is a reasonable basis to proceed with an investigation, and that the case appears to fall within the jurisdiction of the Court, it shall authorise the commencement of the investigation, without prejudice to subsequent determinations by the Court with regard to the jurisdiction and admissi- bility of a case. 90 There have been three examples to date of referral by a state party. In December 2003, Uganda referred to the Prosecutor the situation with regard to the Lord’s Resistance Army; 91 in April 2004, the Democratic Republic of the Congo referred to the Prosecutor the situation of crimes committed in its territory; 92 and in December 2004, the Central African Republic referred the situation in its country during the armed conflict of 2002–3 to the Prosecutor. 93 However, in a concession to obtain the support of states to the ICC, ar- ticle 16 provides that no investigation or prosecution may be commenced 90 Article 15. The refusal of the Pre-Trial Chamber to authorise the investigation will not preclude the presentation of a subsequent request by the Prosecutor based on new facts or evidence regarding the same situation. If, after the preliminary examination referred to in paragraphs 1 and 2, the Prosecutor concludes that the information provided does not constitute a reasonable basis for an investigation, he or she shall inform those who provided the information. This shall not preclude the Prosecutor from considering further information submitted to him or her regarding the same situation in the light of new facts or evidence. 91 In July 2004, an investigation was opened by the Prosecutor, and on 8 July 2005, warrants of arrest for crimes against humanity and war crimes against five senior commanders of the Lord’s Resistance Army were issued under seal by Pre-Trial Chamber II. These warrants were made public on 13 October 2005: see www.icc-cpi.int/library/cases/ICC 20051410- 056-1 English.pdf and Schabas, International Criminal Court, pp. 36 ff. 92 See ICC-OTP-20040419-50-En. An investigation was opened in June 2004, the first such investigation by the Prosecutor: see ICC-OTP-20040623-59-En. An arrest warrant was issued in early 2006 against Thomas Lubanga Dyilo, who was charged on various counts concerning the recruitment and use of child soldiers: see ICC Newsletter, No. 10, November 2006. However, a stay on proceedings was ordered and the accused released due to fair trial considerations. An appeal is pending, ICC-01/04-01/06, 2 July 2008. An arrest warrant was issued against Germain Katanga on 2 July 2007 and he was transferred to the custody of the Court in October that year: see www.icc-cpi.int/library/cases/DRC- 18-10-07 En.pdf. An arrest warrant was issued against Mathieu Ngudjolo Chui on 7 July 2007 and he was transferred to the custody of the Court in February 2008: see www.icc- cpi.int/pressrelease details&id=329.html. Both the latter individuals are also charged with regard to the situation in the Congo. See also Schabas, International Criminal Court, pp. 42 ff. 93 An investigation was opened by the Prosecutor in May 2007: see www.icc- cpi.int/library/press/pressreleases/ICC-OTP-BN-20070522-220 A EN.pdf and Schabas, Download 7.77 Mb. Do'stlaringiz bilan baham: |
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