cover image: Article 13 : Article thirteen, intentionally left unresolved by the Rome Statute?

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Article 13 : Article thirteen, intentionally left unresolved by the Rome Statute?

15 Mar 2007

Paragraph 1 of Article 12 stipulates that the Statute applies only to the State Parties; Paragraph 2 of the Article does not apply to the Security Council referral; Paragraph 3 of the Article provides for the voluntary acceptance of ICC jurisdiction by the non- signatory states, which does not apply to the Security Council referral either. [...] As to the referral of the situation to ICC, because “the Sudanese judicial institutions have conducted actions against the accused recently”, the referral “without the Sudanese government’s consent” will “not only drastically complicate the early political settlement of the Darfur issue, but may create unpredictable consequences to the peace process between the North and South of Sudan” (see Parag [...] Therefore, the following scenario may occur: after prosecuting the exempted individuals, even after the completion of the prosecution, the Court may determine the legality of Paragraph 6 of the Resolution. [...] However, Lipscomb excessively magnified the flaws of the international court, meanwhile excessively magnified the advantages of the hybrid court, and proposed the “pardon agreement” between ICC and the Sudanese government in order to appease the later. [...] The distance between the ICC and the Security Council is the major indicator in studying the degree of criminal justice legalisation of the Statute.
government politics crime international law international criminal justice crimes against humanity criminal law government information international criminal courts international criminal law international relations jurisdiction law prosecution transitional justice treaties international criminal court court crime, law and justice judiciary trial (court) ethical principles the international criminal court rome statute icc complementarity principle schabas william a. schabas

Authors

Song, Jianqiang

Pages
13
Published in
Canada

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