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Gauthier de Beco

Abstract

This note discusses the distinction between international and non-international armed conflicts in the prosecution of war crimes before the International Criminal Court. It analyses the international humanitarian law applicable to both kinds of conflict, and the way in which the International Criminal Tribunal for the former Yugoslavia succeeded in prosecuting war crimes committed in non-international armed conflicts. It also studies the two war crimes regimes provided for in the Rome Statute of the International Criminal Court. The note then examines how Pre-Trial Chamber I dealt with this issue in its Decision on the confirmation of charges against Thomas Lubanga Dyilo and the problems it faced in doing so. It concludes with a plea for the abolition of the distinction between international and non-international armed conflicts with respect to war crimes in the Rome Statute of the International Criminal Court.

Gauthier de Beco

Abstract

This article examines the different aspects of the confirmation of charges before the International Criminal Court as provided for by article 61 of the Rome Statute. It discusses the procedure prior to the confirmation of charges including the disclosure of evidence, the requirement for the Prosecutor to establish "substantial grounds to believe" that the arrested person has committed the alleged crimes, and the various options open to the different participants to the confirmation hearing. The Thomas Lubanga Dyilo case, in which Pre-Trial Chamber I confirmed the charges on 29 January 2006, will be referred to in order to evaluate the first application of the provisions relating to the confirmation of charges.

Gauthier de Beco

Gauthier de Beco

Gauthier de Beco

Gauthier de Beco

Abstract

This article discusses human rights indicators for assessing state compliance with international human rights. It analyses the use of human rights indicators before treaty bodies, how human rights aspects are to be integrated into these indicators and what conceptual framework must be developed for their establishment. The article also examines the different kinds of data required for human rights indicators, the way in which indicators relating to both civil and political and economic, social and cultural rights could be developed as well as the types of human rights indicators that could be used. The article concludes with how to make human rights indicators a useful instrument for monitoring state compliance with international human rights.

Article 33 of the UN Convention on the Rights of Persons with Disabilities

National Structures for the Implementation and Monitoring of the Convention

Edited by Gauthier de Beco

This book provides an in-depth examination of Article 33 of the UN Convention on the Rights of Persons with Disabilities (CRPD). Article 33 of the CRPD requires that, for persons with disabilities, States parties 1) designate focal points and, if required, coordination mechanisms; 2) designate or establish independent mechanisms and; 3) guarantee the participation of civil society. The book aims to contribute to a better understanding of the national structures for the implementation and monitoring of the CRPD. In addition to analysing Article 33 of the CRPD, in a theoretical part, it studies its application through case studies on the following six EU Member States: Denmark, the United Kingdom, Italy, Slovenia, Austria, and Spain.