The Security Council (1) • Membership in 2006The Council is composed of five permanent members — China, France, Russian Federation, the United Kingdom and the United States — and ten non-permament members (with year of term's end): • Argentina (2006)Greece (2006)Qatar (2007)Congo (Republic of the) (2007)Japan (2006)Slovakia (2007)Denmark (2006)Peru (2007)United Republic of Tanzania (2006)Ghana (2007)
The Security Council 2 • The Presidency of the Security Council is held in turn by the members of the Security Council in the English alphabetical order of their names. Each President holds office for one calendar month. • Ten non-permament members, elected by the General Assembly for two-year terms and not eligible for immediate re-election. The number of non-permanent members was increased from six to ten by an amendment of the Charter which came into force in 1965. • Each Council member has one vote. Decisions on procedural matters are made by an affirmative vote of at least nine of the 15 members. Decisions on substantive matters require nine votes, including the concurring votes of all five permanent members. This is the rule of "great Power unanimity", often referred to as the "veto" power.
International Court of Justice (ICJ) • International Court of JusticePeace Palace2517 KJ The HagueThe Netherlands • 15 Judges
ICJ Jurisdiction The Parties Only States may apply to and appear before the Court. The Member States of the United Nations (at present numbering 191) are so entitled. Jurisdiction The Court is competent to entertain a dispute only if the States concerned have accepted its jurisdiction in one or more of the following ways: • by the conclusion between them of a special agreement to submit the dispute to the Court; • by virtue of a jurisdictional clause, i.e., typically, when they are parties to a treaty containing a provision whereby,in the event of a disagreement over its interpretation or application, one of them may refer the dispute to the Court. Over three hundred treaties or conventions contain a clause to such effect; • through the reciprocal effect of declarations made by them under the Statute whereby each has accepted the jurisdiction of the Court as compulsory in the event of a dispute with another State having made a similar declaration. The declarations of 67 States are at present in force, a number of them having been made subject to the exclusion of certain categories of dispute. In cases of doubt as to whether the Court has jurisdiction, it is the Court itself which decides.
ICJ Procedure The procedure of the ICJ followed by the Court in contentious cases is defined in the ICJ Statute: http://www.icj-cij.org/icjwww/ibasicdocuments.htm Official Languages: English and French • After the oral proceedings the Court deliberates in camera and then delivers its judgment at a public sitting. T • The judgment is final and without appeal. Should one of the States involved fail to comply with it, the other party may have recourse to the Security Council of the United Nations. • The Court discharges its duties as a full court but, at the request of the parties, it may also establish a special chamber. within its jurisdiction. • Since 1946 the Court has delivered 92 Judgments on disputes concerning inter alia land frontiers and maritime boundaries, territorial sovereignty, the non-use of force, non-interference in the internal affairs of States, diplomatic relations, hostage-taking, the right of asylum, nationality, guardianship, rights of passage and economic rights.
International Criminal Court (ICC) 1 • The International Criminal Court was established by the Rome Statute of the International Criminal Court, on 17 July 1998 by the United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court (Rome Statute). • Binding only on those States which formally express their consent to be bound by its provisions. These States then become “Parties” to the Statute. • Entered into force on 1 July 2002 • Members: 100 States
ICC and Rome Treaty • The ICC is a court of last resort. It will not act if a case is investigated or prosecuted by a national judicial system unless the national proceedings are not genuine. • for example if formal proceedings were undertaken solely to shield a person from criminal responsibility. • Unable or unwilling • The ICC only tries those accused of the gravest crimes. • The jurisdiction and functioning of the ICC are governed by the Rome Statute.
ICC Jurisdictions and Admissibility • Jurisdiction • Temporal v. Retroactive Jurisdiction • does a court has the power to try crimes committed before the court was established? • Personal Jurisdiction • Minors • Subject matters • Genocide • Crimes again humanity • War crimes Drug related crimes and terrorism were excluded from the jurisdiction • Admissibility • The principle of complementaity: article 10—the ICC shall be complementary to national criminal jurisdictions • Article 17: ICC is required to rule a case inadmissible when it is being appropriately dealt with by a national justice system.
ICC Structure • Judges • Elected by the Assembly of States Parties for a term of nine years. One judge of any given nationality at any one time. • Prosecutor • Elected by secret ballot of absolute majority of the Assembly of States Parties. • Ethical matters • Removal of a judge first requires a recommendation by 2/3 majority of other judges. Then 2/3 majority of the States parties must agree • Removal of the Prosecutor requires a majority vote. • Assembly of States Parties • Funding • UN does not provide funding. • Based on assessed contributions upon States Parties, following the basic scale already in use in the UN, a calculation that considers population and relative wealth. • Voluntary donations • Working languages: English and French
ICC: Common Law v. Civil Law • Adversarial trial • Article 63 (6) (d): “trial chamber has the power to order the production of evidence in addition to that already collected prior to the trial or presented during the trial by the parties”
U.S. and the ICC • Article 98 Cooperation with respect to waiver of immunity and consent to surrender 1. The Court may not proceed with a request for surrender or assistance which would require the requested State to act inconsistently with its obligations under international law with respect to the State or diplomatic immunity of a person or property of a third State, unless the Court can first obtain the cooperation of that third State for the waiver of the immunity. 2. The Court may not proceed with a request for surrender which would require the requested State to act inconsistently with its obligations under international agreements pursuant to which the consent of a sending State is required to surrender a person of that State to the Court, unless the Court can first obtain the cooperation of the sending State for the giving of consent for the surrender.
U.S. and ICC • Bolton’s Speech • Two flaws: substantive and structural • Broad power to interpretation • Crimes can be added • Crimes vaguely defined, such as “aggression” • Judges and the prosecutor: lack of accountability and checks and balances • Interference with the Security Council’s work • No deterrence • Alternatives • Truth and Reconciliation Commission model • Domestic trial model