Difference between revisions of "International Criminal Court"

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* (b) Otherwise were not conducted independently or impartially in accordance with the norms of due process recognized by international law and were conducted in a manner which, in the circumstances, was inconsistent with an intent to bring the person concerned to justice."
 
* (b) Otherwise were not conducted independently or impartially in accordance with the norms of due process recognized by international law and were conducted in a manner which, in the circumstances, was inconsistent with an intent to bring the person concerned to justice."
  
==Requirements for filing a case==  
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==Procedure for filing a case==  
  
Cases are brought before the ICC through reports made by state parties or the United Nations Security Council to the Prosecutor. Upon receiving a report of a crime within the jurisdiction of the ICC, the Prosecutor evaluates  the report and determines if he will begin an investigation. The Prosecutor is also permitted to initiate an investigation on his own initiative. In these situations, he receives and evaluates information and reports submitted by a variety of reliable sources. Once the Prosecutor determines that there is reasonable basis to proceed with an investigation, he must request that the Pre-Trial Chamber authorize an investigation.  
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Cases are brought before the ICC through reports made by state parties or the United Nations Security Council to the Prosecutor. Upon receiving a report of a crime within the jurisdiction of the ICC, the Prosecutor evaluates  the report and determines if he will begin an investigation. The Prosecutor is also permitted to start an investigation on his own initiative. In these situations, he receives and evaluates information and reports submitted by a variety of reliable sources. Once the Prosecutor determines that there is reasonable basis to proceed with an investigation, he must request that the Pre-Trial Chamber authorize an investigation.  
  
Once an investigation has been authorized, the Prosecutor's investigation attempts to reveal all facts and evidence relevant to assess the criminal responsibility of the accused. In his investigations, the Prosecutor thoroughly investigates both incriminating and exonerating circumstances equally. Each situation under investigation by the Prosecutor is assigned to a Pre-Trial Chamber which is responsible for the judicial aspects of the proceeding. In this function, if requested by the Prosecutor, the Pre-Trial Chamber may issue a summons to appear or warrant of arrest once it is established that there are reasonable grounds to believe the accused has committed a crime within the jurisdiction of the Court.  
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Once an investigation has been authorized, the Prosecutor's investigation attempts to discover all facts and evidence relevant to assess the criminal responsibility of the accused. In his investigations, the Prosecutor thoroughly investigates both incriminating and exonerating circumstances equally. Each situation under investigation by the Prosecutor is assigned to a Pre-Trial Chamber which is responsible for the judicial aspects of the proceeding. In this manner, if requested by the Prosecutor, the Pre-Trial Chamber may issue a summons to appear or a warrant of arrest once it is established that there are reasonable grounds to believe the accused has committed a crime within the Court's jurisdiction.
  
Once a wanted person voluntarily appears or has been surrendered to the Court, the Pre-Trial Chamber holds a hearing to confirm the charges that will be the basis of the trial. The case is then assigned to a Trial Chamber of three judges who are responsible for conducting fair and expeditious proceedings with full respect for the rights of the accused.  Upon conclusion of the trial, the Trial Chamber issues its decision, either acquitting or convicting the accused. If the accused is convicted, the Trial Chamber issues a sentence from a specified term of up to thirty years or, if applicable by the extreme gravity of the crime and the individual circumstances of the convicted person, life imprisonment. The Trial Chamber may also order reparations to victims.
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Once a wanted person voluntarily appears or has been surrendered to the Court, the Pre-Trial Chamber holds a hearing to confirm the charges that will be the basis of the trial. The case is then assigned to a Trial Chamber of three judges who are responsible for conducting fair and expeditious proceedings with full respect for the rights of the accused.  Upon conclusion of the trial, the Trial Chamber issues its decision, either acquitting or convicting the accused. If the accused is convicted, the Trial Chamber issues a sentence from a specified term of up to thirty years or, if applicable by the extreme gravity of the crime and the individual circumstances of the convicted person, for lifet. The Trial Chamber may also order reparations to victims.
  
 
Following the decision of the Trial Chamber, the accused or the Prosecutor may appeal the decision, the sentence, or both. Convicted persons, legal representatives of victims, or bona fide owners of adversely-affected property may appeal reparations orders as well. All appeals are ruled upon by the Appeals Chamber of five judges.  
 
Following the decision of the Trial Chamber, the accused or the Prosecutor may appeal the decision, the sentence, or both. Convicted persons, legal representatives of victims, or bona fide owners of adversely-affected property may appeal reparations orders as well. All appeals are ruled upon by the Appeals Chamber of five judges.  
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===Rights and Participation of Victims===
 
===Rights and Participation of Victims===
  
Victims of crimes under investigation by the ICC have the right to participate in all stages of the proceedings before the Court- during the pre-trial, trial, and appeals stages.  Victims may files submissions to the Pre-Trial Chamber when the Prosecutor begins an investigation, and they may also files submissions on matters relating to the competence of the Court or the admissibility of cases.   
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Victims of crimes under investigation by the ICC have the right to participate in all stages of the proceedings before the Court- during the pre-trial, trial, and appeals stages.  Victims may file submissions to the Pre-Trial Chamber when the Prosecutor begins an investigation, and may also file submissions on matters relating to the competence of the Court or the admissibility of cases.   
  
In order to participate in proceedings before the Court, victims must send a written application to the Court Register and to the Victims Participation and Reparation Section. This section then submits the application to the appropriate Chambers which decides on the arrangements for the victim's participation in the proceedings. The application must include evidence proving that the applicant is a victim of the crime in question. The Chamber has the right to reject any application if it determines that the applicant is not a victim. An application may also be made by a person acting with the consent of the victim, or in their name if the victim is a child or if a disability makes it necessary.  Victims are allowed to choose their own legal representative who must be equally qualified as counsel representing the defense, and must be fluent in one of the Court's official working languages (French or English).  In cases with many victims, the Chamber may ask victims to choose a shared legal representative in order to ensure efficient proceedings. When a victim or group of victims does not have the means to pay for legal representation, they may request financial aid from the Court. The Victim's Participation and Reparation Section is responsible for helping victims to organize their legal representation before the Court.
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In order to participate in proceedings before the Court, victims must send a written application to the Court Register and to the Victims Participation and Reparation Section. This section then submits the application to the appropriate Chambers which decides on the arrangements for the victim's participation in the proceedings. The application must include evidence proving that the applicant is a victim of the crime in question. The Chamber has the right to reject any application if it determines that the applicant is not a victim. An application may also be made by a person acting with the consent of the victim, or in their name if the victim is a child or if a disability makes it necessary.  Victims are allowed to choose their own legal representative who must be equally qualified as counsel representing the defense, and must be fluent in one of the Court's official working languages (French or English).  In cases with many victims, the Chamber may ask victims to choose a shared legal representative in order to ensure efficient proceedings. When a victim or group of victims does not have the means to pay for legal representation, they may request financial aid from the Court. The Victim's Participation and Reparation Section is responsible for helping victims organize their legal representation before the Court.
  
 
<ref> http://www.icc-cpi.int/Menus/ICC/About+the+Court/ICC+at+a+glance/Jurisdiction+and+Admissibility.htm </ref>
 
<ref> http://www.icc-cpi.int/Menus/ICC/About+the+Court/ICC+at+a+glance/Jurisdiction+and+Admissibility.htm </ref>

Revision as of 11:02, 2 August 2010