At the beginning of 2012, the International Criminal Court (ICC) was invested with the examination of fifteen cases in relation to seven different situations. Two of these relate to states that are not party to its Statute (Sudan and Libya) and were authoritatively referred by the United Nations Security Council (SC), while another three relate to party states that requested the Court to proceed in relation to crimes committed on their territory (Uganda, Democratic Republic of the Congo, and the Central African Republic). In addition, in March 2010, Pre-Trial Chamber II authorized the Prosecutor to initiate a motu proprio investigation on the situation in Kenya (party state) and on 3 October 2011, Trial Chamber III authorized the start of the motu proprio proceedings on the situation in Côte d’Ivoire (non party state to the Statute that in 2003 accepted the Court’s jurisdiction). Security Council and state practises in relation to the activation of the Court and the strategies of the Prosecutor in conducting investigations and prosecutions are interesting “detectors” of the level of effectiveness achieved by the international criminal justice system created by the Rome Statute.
Optimizing the International Criminal Justice System with a “Positive-Enhanced” Approach
ORIOLO, Anna
2012-01-01
Abstract
At the beginning of 2012, the International Criminal Court (ICC) was invested with the examination of fifteen cases in relation to seven different situations. Two of these relate to states that are not party to its Statute (Sudan and Libya) and were authoritatively referred by the United Nations Security Council (SC), while another three relate to party states that requested the Court to proceed in relation to crimes committed on their territory (Uganda, Democratic Republic of the Congo, and the Central African Republic). In addition, in March 2010, Pre-Trial Chamber II authorized the Prosecutor to initiate a motu proprio investigation on the situation in Kenya (party state) and on 3 October 2011, Trial Chamber III authorized the start of the motu proprio proceedings on the situation in Côte d’Ivoire (non party state to the Statute that in 2003 accepted the Court’s jurisdiction). Security Council and state practises in relation to the activation of the Court and the strategies of the Prosecutor in conducting investigations and prosecutions are interesting “detectors” of the level of effectiveness achieved by the international criminal justice system created by the Rome Statute.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
