Procedural Developments at the International Criminal Court (2015)

In: The Law & Practice of International Courts and Tribunals
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  • 1 IDPSP, University Rennes 1, France
  • 2 IDPSP, University Rennes 1, France
  • 3 IDPSP, University Rennes 1, France

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The current column covers some selected procedural developments at the International Criminal Court (“icc”) in 2015. During the reporting period, the Court faced a heavy workload; and, as in recent years, the Court has delivered numerous decisions, taking such opportunities to clarify certain aspects of proceedings before the Court.

  • 53

    In November 2014, Pre-Trial Chamber ii partially confirmed the charges of offences against the administration of justice for the five suspects and committed them to trial: ptcii, Prosecutor v. Jean-Pierre Bemba Gombo, Aimé Kilolo Musamba, Jean-Jacques Mangenda Kabongo, Fidèle Babala Wandu and Narcisse Arido, Decision pursuant to Article 61(7)(a) and (b) of the Rome Statute, 11 November 2014, icc-01/05-01/13-749.

  • 85

    S/RES/1593(2005), 31 March 2015.

  • 106

    On 26 April 2016, the Office filed a request with Pre-Trial Chamber i for an order directing the Registry to transmit the request for arrest and surrender of Mr Gaddafi directly to Mr Al-‘Atiri, raising the question on whether the Statute envisages that the Court address directly non-State actors for the purpose of executing cooperation requests under Part ix of the Statute (ptci, Prosecutor v. Saif Al-Islam Gaddafi, Request for an order directing the Registrar to transmit the request for arrest and surrender to Mr al-‘Ajami AL-‘ATIRI, Commander of the Abu-Bakr al-Siddiq Battalion in Zintan, Libya, 26 April 2016, icc-01/11-01/11-624).

  • 111

    S/RES/1593(2005), 31 March 2015, para. 2: “Government of Sudan [. . .] shall cooperate fully with and provide any necessary assistance to the Court and the Prosecutor pursuant to this resolution”.

  • 112

    See: Lorraine Smith-van Lin, “Non-Compliance and the Law and Politics of State Cooperation: Lessons from the Al Bashir and Kenyatta Cases”, supra note 95.

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  • 115

    Lorraine Smith-van Lin, “Non-Compliance and the Law and Politics of State Cooperation: Lessons from the Al Bashir and Kenyatta Cases”, supra note 95, 125.

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  • 123

    On 19 September 2016, Trial Chamber v(b) found that Kenya had failed to comply with its obligation to cooperate with the icc and decided to refer the matter to the asp (See: tcv(b), Prosecutor v. Uhuru Muigai Kenyatta, Second decision on Prosecution’s application for a finding of non-compliance under Article 87(7) of the Statute, icc-01/09-02/11-1037, 19 September 2016).

  • 164

    On this concern, see: Kevin John Heller, “ ‘A Stick to Hit the Accused With’: the Legal Recharacterization of Facts under Regulation 55”, in Carsten Stahn (ed.), The Law and Practice of the International Criminal Court (Oxford: oup, 2015), 981–1006; Yvonne McDermott, Fairness in International Criminal Trials (Oxford: oup, 2016), 44–46.

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  • 269

    See Sarah Pellet, “Article 75”, in Julian Fernandez and Xavier Pacreau (eds.), Statut de Rome de la Cour pénale internationale (Pedone, 2012), 1257.

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