VI International Criminal Court (ICC)
| Published date | 01 March 2006 |
| DOI | 10.1177/016934410602400110 |
| Author | Göran Sluiter |
| Date | 01 March 2006 |
| Subject Matter | Part B: Human Rights News |
VI INTERNATIONAL CRIMINAL COURT (ICC)
GO
¨RAN SLUITER
1. INTRODUCTION
In the second half of 2005 the ICC further developed and moved into a crucial
phase, with the issuance of its first five indictments. The Court also increased its
support with Mexico being the 100th State ratifying the Statute, on 28 October 2005.
Another positive note concerns the conclusion of an agreement with Austria
governing the enforcement of sentences of imprisonment. This may seem
premature, but experience of the ad hoc Tribunals demonstrate that these matters
can better not be kept waiting. It is also in the interest to the Netherlands that other
States are now formally prepared and in a position to accept sentenced persons; as a
result, the use of Article 103(4) of the Statute, according to which the Netherlands
has a residual responsibility in enforcing sentences of imprisonment, is less and less
obvious.
This contribution focuses on the three major developments in the second half of
2005: the meeting of the Assembly of States parties, the investigations concerning
Darfur, Sudan, and the issuance of the first five indictments and arrest warrants,
regarding Uganda.
2. ASSEMBLY OF STATES PARTIES’ MEETING 28 NOVEMBER –
3 DECEMBER 2005
The ICC Assembly of States parties (ASP) held its fourth meeting from 28 November
to 3 December 2005. A number of issues were on its agenda, three of which need
mentioning here.
First, by Resolution ICC-ASP/4/Res.1 (adopted at the 3rd plenary meeting on
2 December 2005, by consensus)the ASP formally adopted the Code of Professional
Conduct for Counsel. The Code consists of three main sections: representation by
counsel, relations with the Court and others, and disciplinary regime. The Code is
modelled on the codes of the ICTY and the ICTR and various national codes.
Second, by Resolution ICC-ASP/4/Res.3 (adopted at the 4th plenary meeting on
3 December 2005, by consensus) the ASP adopted the Regulations of the Trust Fund
for Victims. The trust fund is a novum in international criminal justice and is
provided for in Article 79 of the Statute. The adopted regulations govern its
functioning and management in more detail. It follows from the regulations that
there is an important interplay between decisions of the Court in respect of the use
of the trust fund and subsequent execution of those decisions by the fund’s board. It
will be determined in practice as to how this will exactly work out. One can imagine
that the fund’s limited resources require close coordination before an order for
reparation or compensation with use of the trust fund is made by a Chamber.
Third and finally, mention needs to be made of the ongoing discussions on the
definition of the crime of aggression, as provided for in Article 5(2) of the Statute.
Netherlands Quarterly of Human Rights, Vol. 24/1 (2006) 149
To continue reading
Request your trial