Nobody downloaded yet

The control of the Exercise of Proprio Motu Powers by the Prosecutor of the ICC - Case Study Example

Comments (0) Cite this document
Summary
The Control of the Exercise of Proprio Motu Powers by the Prosecutor of the ICC Background of the Decision Instructor Institution Date The Pre-Trial Chamber II on 31st of March issued its pursuit decision to Article 15 found in the Rome Statute authorizing an investigation into the Republic of Kenya situation after the post election violence…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER94.5% of users find it useful
The control of the Exercise of Proprio Motu Powers by the Prosecutor of the ICC
Read TextPreview

Extract of sample "The control of the Exercise of Proprio Motu Powers by the Prosecutor of the ICC"

Download file to see previous pages At this point, all the investigations that had been opened were either received from the Security Council or referred by State in reaction to Darfur. Earlier before this case, the Prosecutor turned down the request to open investigations in Venezuela and Iraq. This step resulted to both fears and jokes of the Article 15 opponents as they felt that it might get to the point of politicizing OTP operations who might in turn utilize his powers to get back to the western powers1. Such fears still exist till now especially with more investigations being opened in Africa. Article 15 provides that in an event that the Prosecutor has the mandate to conclude that there exists reasonable basis for an investigation to proceed, then he or she shall have to table an authorization request before the Pre-Trail Chamber of an investigation. This submission has to be accompanied with concrete supporting material. At this point, the victims can now make representations according to the Rules of Procedure and Evidence to the Pre-Trail Chamber (Amediola, 2006, 349). ...
This is to determine if the crime committed falls under the courts jurisdiction, whether the court can be considered as being admissible according to Article 17 and whether that particular investigation will not be to the interest of justice. Based on the above, the PTC II believes that it has the right to authorize an investigation to commence on condition it is in control of all the mentioned elements; the most important of all being the jurisdiction of the court and the admissibility of the case. The Admissibility Issue The PTC II acknowledges the need for a Prosecutor supervision to ensure that his or her obligations under the Statute are mirrored. It requires that if the statue expects the Prosecutor to evaluate admissibility, then the PTC has to control this evaluation2. However, this contradicts with the Court law case with relation to Pre-Trail Chambers in assessing issuance admissibility of a warrant of arrest under Article 58 (Bruce 2004, 13). In a situation where there crimes are widespread and the victims are many, like what happened in Kenya, then the Prosecutor has to insist on the crimes scale. Hence the gravity threshold has to be refined further for it to have an ICC procedural rule. Crimes against Humanity The crimes that were allegedly committed in Kenya are believed to be crimes against humanity because the situation did not leave the prosecutor with many options as its scope did not fall under war crimes or genocide as there were no armed conflicts involved. The question that remains is to determine whether the attacks that took place amounted to what was termed as crime against humanity as stated in Article 7 Statute of the ICC (Bolton 1999, 71). According to the Rome Statute, crime against humanity means the acts committed ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“The control of the Exercise of Proprio Motu Powers by the Prosecutor Case Study”, n.d.)
The control of the Exercise of Proprio Motu Powers by the Prosecutor Case Study. Retrieved from https://studentshare.org/law/1439956-the-control-of-the-exercise-of-proprio-motu-powers
(The Control of the Exercise of Proprio Motu Powers by the Prosecutor Case Study)
The Control of the Exercise of Proprio Motu Powers by the Prosecutor Case Study. https://studentshare.org/law/1439956-the-control-of-the-exercise-of-proprio-motu-powers.
“The Control of the Exercise of Proprio Motu Powers by the Prosecutor Case Study”, n.d. https://studentshare.org/law/1439956-the-control-of-the-exercise-of-proprio-motu-powers.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF The control of the Exercise of Proprio Motu Powers by the Prosecutor of the ICC

Presidential Powers

... employment sector. If the president is accused of any wrongdoing, Congress has the authority to correct him. However, congress cannot interfere directly into such matters. “Congress may vest its power to appoint a special prosecutor in the federal courts, and the court may then appoint a special prosecutor to investigate the charges made against the President” (Presidential powers, 2007). In other words, Congress does not enjoy the power to correct the mistakes of President directly. However, it can seek the assistance of judiciary to correct the president. The duty of judiciary is to interpret the laws and policies based on the constitution. So, courts have the responsibility to prevent presidents from working against the norms... ?...
2 Pages(500 words)Assignment

Simmel's Stranger and ICC

...? Running Head: SIMMEL’S STRANGER & ICC FUNDAMENTALS OF INTERCULTURAL COMMUNICATION (ICC) Simmel’s ‘The Stranger’ This paper is focused on the different dimensions and evolution of intercultural communication with respect to George Simmel’s’ extraordinary writing, “The Stranger”. The concepts used in this marvelous piece of writing have been the chief source of deriving the complex synthesis and implementation of intercultural communication. The major focus will be on effective communication. Introduction “Intercultural communication” is a diverse topic of in-depth research which gained its significance during 1960s and has been a major subject matter of different fields of study like Philosophy, Sociology, Anthropology, Economics... into...
6 Pages(1500 words)Essay

Prosecutor report

...? of the supervisor of the assignment is due Prosecutor's Report Summary of the facts of the case The case involvestwo men, defendant A and B who planned to execute a robbery in Fay’s distributor Store. The robbery plan was hatched in Offender A’s house. Offender A stole a green Ford Explorer which he intended to use in Robbery while offender B purchased an Intratec TEC-9 semiautomatic pistol and two UZI semiautomatic pistols. On March 11, 2013 they drove to Fay’s distributor store using the stolen vehicle. While wearing masks, the offenders stormed the store. Offender B hit the guard with the butt of his gun in order to knock him down and held hostage two patrons in a small closet. Offender A went to the manager’s office...
4 Pages(1000 words)Term Paper

Presidential Powers

...of power between the Presidents and the Congress is likely to continue in the future because if one arm of the government gains full control then there will be room for political manipulation and even abuse of power. According to Ginsberg et al., this balance of power between the Presidents and the Congress will continue to exist in the future because it is a key pillar of any democratic state, and in most occasions the balance of power exist to protect public interest (498-501). To ascertain that there is still likely to be a struggle in the balance of power between Presidency and Congress, one can refer to George Bush’s speech in 1988...
5 Pages(1250 words)Essay

Exercise

...? BUSINESS STRATEGY AND PLAN FOR INTEL IN CHINA Business Strategy and Plan for Intel in China Organizational structure The subsidiary, being a new plant, will adapt a top-bottom organizational structure. A branch manager will head the firm; below him will be departmental managers, while supervisors will look at the plant departments and the marketing departments. This defines the chain of communication and the flow of information within the organization. Departments in the plant Production department-this department will be headed by a production manager and supervisor. There will be eight workers in the department handling the actual production work. Marketing department-headed by a marketing manager, this department will handle... BUSINESS...
3 Pages(750 words)Essay

Matrix Powers

... is the same) to compute the powers of K. The formula is: This formula is apparently complicated, but the special form of the matrices will make it simpler. First, we observe that, if j>0 and n-j>0, then (warning: this is not true if either j=0 or n-j=0). Therefore the above sum is: because the intermediate products are zero as we said. Remind that: Therefore: So we need to compute these two powers. We claim that We prove this by induction on n. Both are trivially true for n=2. The inductive steps are: and Now we are ready to compute for n>1. BIBLIOGRAPHY 1. http://en.wikipedia.org/wiki/Mathematical_induction 2. http://en.wikipedia.org/wiki/Binomial_coefficient... patterns are correct, however, a...
4 Pages(1000 words)Essay

Recruitment and Selection

...Job Profile Exercise Affiliation: Jim was an employee who did not need a manager totell him what to do or seek motivation from others. He came to work earlier and worked even later ensuring everything was in order not to forget providing the best customer service I have ever seen. He was cheerful, polite even under pressure and was always willing to lend a hand no matter how tired or busy he was. The opposite was true for Joan who was not only lazy but complained about everything. She came to work late, took extended lunch breaks and was rude and needy. Recruitment and selection leads to interviewing the potential employees and getting to understand their abilities and skills. It also means that the employer will seek...
1 Pages(250 words)Essay

Exercise

...Discrimination – Appearance and Smokers Appearance based discrimination Legally prohibiting ‘beauty’ based discrimination isprima facie difficult. However, while ‘lookism’ cannot be eliminated, it can be mitigated by the law (Rhode, 2010). “...workers deserve legal protection against appearance-based discrimination unless their looks are directly relevant for performance.” says Rhode (2010). The challenge then is to identify which jobs qualify for exceptions. No federal law protects against appearance based discrimination — and only a few communities, like Santa Cruz, Calif., have such laws in place — plaintiffs then must prove that the discrimination is based on other factors other than appearance. One can rely on violation... – Appearance...
1 Pages(250 words)Coursework

International criminal law (ICC)

...during their rule. Furthermore, the international criminal tribunal for Yugoslavia has also been exercising victors justice. There has been minimal number of prosecutions against the Serbs compared to Croats or members of other groups involved in the conflict. A small number of Serbs were persecuted despite the fact that 86 percent of the civilian killings were perpetrated by the Serbians or those people that they controlled (Sander, 105). Further, such claims again have been experienced in the Rwanda’s international criminal tribunal. The president of Rwanda refused to provide information that was necessary to prosecute Tutsis who were the most affected during the 1994 genocide. On the other hand,...
1 Pages(250 words)Essay

Exercise

... of Insert The term aspect and notion of cognitive linguistics in the simplest and most basic sense refers to the section or branch of linguistics which is concerned with the interpretation of notions or concepts. It is important to note and mention that concept could be conventional and universal in nature such that one thing has a homogenous meaning across the linguistics board. Therefore, it would be safe to assert and infer that cognitive linguistics draw a particularly skewed attention and focus to the line of reasoning of semantics (Evans & Green, 2006). A clear distinction is however notable from the branch of psycholinguistics. Cognitive linguistics assumes that the interactions of human beings are mediated by the mental... of Insert...
2 Pages(500 words)Assignment
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Case Study on topic The control of the Exercise of Proprio Motu Powers by the Prosecutor of the ICC for FREE!

Contact Us