V International Criminal Court (ICC)

AuthorSergey Vasiliev,Göran Sluiter
Published date01 September 2006
Date01 September 2006
DOI10.1177/016934410602400311
Subject MatterPart B: Human Rights News
V INTERNATIONAL CRIMINAL COURT (ICC)
GO
¨RAN SLUITER and SERGEY VASILIEV*
1. INTRODUCTION
In four years since its coming into operation, the ICC has walked a long way towards a
fully functional international judicial institution. For the time being, it has three open
investigations with two of them almost completed.
1
Now, with the first suspect in
custody, the Court steps into a new phase of its activities.
This survey offers an overview of the progress in the ongoing investigations and the
latest procedural developments in cases before the ICC for the period from March to
early July 2006. The investigation of the situation in the Democratic Republic of
Congo (DRC) is at the most advanced stage and, therefore, presents an impressive
number of prominent developments. On this account, certain themes which the Pre-
Trial Chamber I (PTC) has worked on in connection with both the DRC situation and
its Prosecutor vs Lubanga Case deserve to be retrospected back to before the indicated
period above and stand out as separate sections.
2
2. THE FIRST ICC CASE:
PROSECUTOR
VS
THOMAS
LUBANGA DYILO
(SITUATION IN THE DEMOCRATIC
REPULIC CONGO)
The first and so far the only person in custody of the ICC is connected to the situation
in the Congo. The warrant of arrest dates from 16 February of this year and was then
still under seal, in order to facilitate the arrest.
3
Netherlands Quarterly of Human Rights, Vol. 24/3 (2006) 513
*Go
¨ran Sluiter is professor in the law of international criminal procedure, University of Amsterdam;
Sergey Vasiliev is Ph.D.-candidate in international criminal law, University of Amsterdam, the
Netherlands.
1
See Statements by the President and by the Prosecutor in the Sixth Diplomatic Briefing of the
International Criminal Court, Compilation of Statements, at: www.icc-cpi.int/library/asp/DB6-
St_English.pdf (accessed on 19 May 2006), p. 2 and p. 5 respectively.
2
Sections 5 and 6 below.
3
Warrant of Arrest, ICC-01/04-01/06-2-tEN, 10 February 2006. Reclassified as public pursuant to
Decision to Unseal the Warrant of Arrest against Mr Tomas Lubanga Dyilo and Related Documents,
ICC-01/04-01/06-37, 17 March 2006.

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