Transnational Justice Matters: An ICC Overview

By Rakesh Roshan*

On 1st July 2017, the International Criminal Court completed 15 years. While there are 24 cases that have been brought before the Court, it has only managed to convict 4 individuals in all these years, but it is hoped that it carries to deliver universal justice in an unprecedented manner.

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Source: About ICC

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Redrafting Genocidal Norms: Requirement versus Ramifications

By Shriya Maini*

(This post is third in the series by where she writes on contemporary issues of international criminal law and human rights. Read the other posts here)

“More case law on genocide established in the last twenty years than in the previous fifty-five illustrate that this is not a Convention in decline, but rather one in renaissance.”

The crime of genocide was described as the “crime of crimes” by William Schabas, denoting the degree of gravity and outrage to human dignity that is incomparable by other international crimes. The Convention on the Prevention and Punishment of the Crime of Genocide, 1948 (“Convention”) is an iconic, foundational legal treaty that created a powerful word which is more than mere political rhetoric. By its very nature, the Convention is indispensable, since it (at least in spirit and most parts as norms of jus cogens now) plays an integral role in maintaining civility in international law and progressiveness of the society. However, due to its many shortcomings, I believeRead More »

Al-Bashir, and Cursus Curiae of the ICC and South African Supreme Court.

By Sujoy Sur

South African executive’s open defiance of its Supreme Court’s order to arrest Omar Hasan Ahmad Al-Bashir is an issue which had attracted a great many concerns from many corners of the international arena, and rightly so. The concern is that Mr. Al-Bashir is an international criminal and South Africa, a country which  has signed the Rome Statute (ICC) and is a committed actor to international peace and security (member of UNSC and UN Charter), should have have acted in accordance with International law. Instead, South Africa invited Al-Bashir to the African Union summit and allowed him to leave the country despite the Court’s order.

Background

Omar Al-Bashir is the president of Sudan. Yes, the same country which got divided into two, into a new South Sudan, which went on to become the 193rd member of the UN General Assembly (UNGA). A referendum was held in January, 2011 in which majority of the population (99.83%) people voted for a South Sudan. The reason for it’s independence, so to speak, are intertwined with that Al-Bashir’s indictment. South Sudan was deeply affected by Civil Wars which had torn the region apart. The first Sudanese civil war lasted from 1955-1972, the improper culmination of which lead to a second Sudanese civil war from 1983-2005. Many atrocities were committed during this period, out of which Omar Al-Bashir was held “individually criminally responsible for genocide, crimes against humanity and war crimes” committed in Darfur, since 2003. Allegations were pitched against Al-Bashir formally by the Chief Prosecutor of ICC, Luis Moreno Ocampo, in July 2008. An arrest warrant was issued against him by a Pre-Trial chamber composed of judges Akua Kuenyehia of Ghana, Anita Usacka of Latvia, and Sylvia Stenier of Brazil indicting him on five counts of crimes against humanity (murder, extermination, forcible transfer, torture and rape) and two counts of war crimes (pillaging and intentionally directing attacks against civilians).Read More »