ࡱ> bdc ( / 0LDArialܖ 0ܖ0tt& 0" B . @n?" dd@  @@`` 8        0AA@w8ʚ;ʚ;g4OdOd|* 0ppp@ <4dddd@w 0t& <4BdBd@x 0t80___PPT10 ?  %                      ZReferences WWW,ICRC.ORG CE de Rover,  from protect to security , Geneva , 2005 Louise Marsica, international criminal court as anew model , London university press 2008 &Z  M P   0` 33` Sf3f` 33g` f` www3PP` ZXdbmo` \ғ3y`Ӣ` 3f3ff` 3f3FKf` hk]wwwfܹ` ff>>\`Y{ff` R>&- {p_/̴>?" dd@,|?" dd@   " @ ` n?" dd@   @@``PR    @ ` ` p>>@L0 v(    6H  `}  >'FB1 D*-1J1 FE7 'D9FH'F 'D1&J3J    0,L  `  n'FB1 D*-1J1 #FE'7 'DF5 'D1&J3J 'DE3*HI 'D+'FJ 'DE3*HI 'D+'D+ 'DE3*HI 'D1'(9 'DE3*HI 'D.'E3x       0U ^ `` H@___PPT9"@ J*   0Z ^`  H@___PPT9"@ L*"  0_ ^ `` H@___PPT9"@ L*"H  0޽h ? 3380___PPT10.02s *5EJE 'A*1'6J 0@L0   0 (   h  <H $  0___PPT9ph@@@@ *CDJ) 'DB'FHF \ ,'E9) 'DCHA) 'DE1-D) 'D+'D+) 'DE'/) \ 'DB'FHF 'D/HDJ 'D9'E ('DD:) 'D'FCDJ2J) The International Criminal Court 'DE-CE) 'D,F'&J) 'D/HDJ) Key Questions for International Criminal Court * What is the International Criminal Court?. *What is the Idea of the Court? *what is the Description of the court? * What is the Relationship of the Court with the United Nations?. *What are the Legal status and powers of the Court?. *What are the Crimes within the jurisdiction of the Court? *What is the Applicable law?. *How can nominate the Judges of the Court ? *Did you thing the court have the principle of equity? *Compare this court with others? *Why the most Arab countries still disagree to ratify it ?|_SE  0#]  /$ \   H  0޽h ? 33___PPT10`.`'+0ND' = @B D' = @BA?%,( < +O%,( < +D' =%(D' =%(D>' =A@BBBB0B%(D' =1:Bvisible*o3>+B#style.visibility<* %(D' =-m6Bbox(in)*<3<* +8+0+ 0 +   0@L0  (  N   6o,$ 0 lBackground Following the Diplomatic Conference in Rome (June 15 - July 17, 1998) which concluded the Statute for the International Criminal Court (ICC), the following is an overview of the developments leading up to the establishment of the Court and its significance. The Idea of the Court International law has long recognized that there are crimes of such severity they should be considered "international crimes". Such crimes have been established in treaties such as the Genocide Convention and the Geneva Conventions. To date, however, there has been no permanent body capable of bringing individuals suspected of committing such crimes to trial, and the international community has had to rely on occasional ad hoc tribunals such as the Nuremberg and Tokyo tribunals or, more recently, those established in relation to crimes in Rwanda and former Yugoslavia. m(2m m H  0޽h ? 33___PPT10|.`O"+rַD' = @B D' = @BA?%,( < +O%,( < +D ' =%(%(D' =%(D:' =A@BBBB0B%(D' =1:Bvisible*o3>+B#style.visibility<* %(D' =-i6B wedge*<3<* +8+0+ 0 +  0@L0 1)  (     64 `$  0TL___PPT9.&@ %Description of the Court The Court to be established by the Statute may broadly be described as follows: General: The Court is a permanent judicial body, independent from the United Nations, which will have its seat in the Hague. The Statute of the Court, agreed at the Rome Conference, takes the form of an international treaty, and will only enter into force once 60 states have ratified the treaty. Jurisdiction: The Court's jurisdiction applies to individuals (not states) who commit any of the crimes listed in the Statute under the following categories: Genocide, Crimes against humanity, Aggression and War Crimes. Many states, including United States, viewed the inclusion of aggression in the list of crimes as inappropriate, arguing that this was a political issue, and that there was no satisfactory definition of the proposed crime. The role of the Security Council in defining aggression was also subject to debate. As a compromise, the final Statute refers to the crime of aggression but leaves the definition to be agreed at a later date. *&(2     H  0޽h ? 335-___PPT10 .s+ӳID' = @B Dd' = @BA?%,( < +O%,( < +D' =%(%(D#' =%(D' =A@BBBB0B%(D' =1:Bvisible*o3>+B#style.visibility<* %(D' =+4 8?\CB#ppt_xBCB#ppt_xB*Y3>B ppt_x<* D' =+4 8?dCB1+#ppt_h/2BCB#ppt_yB*Y3>B ppt_y<* +8+0+ 0 +u   0@L0  `(   (  6LP ,$  0 HPreconditions to jurisdiction: In order for the Court to have jurisdiction in a particular case it requires the consent of either the state in the territory of which the crime was committed, or the state of nationality of the accused. It follows that, where the state in which the crime is committed consents, an individual who is present in a state party may be arrested and transferred to the Court, even where his or her own state of nationality objects. It should also be noted that the Court operates under the principle of complementarily, i.e. where a state has jurisdiction to try an individual it will have priority over the Court. This will not, however, prevent the Court from trying an individual where it is convinced that the national proceedings were not genuine or did not adequately reflect the seriousness of the crime. I(2I I H  0޽h ? 335-___PPT10 .i+ =0D' = @B Dd' = @BA?%,( < +O%,( < +D' =%(%(D#' =%(D' =A@BBBB0B%(D' =1:Bvisible*o3>+B#style.visibility<* %(D' =+4 8?\CB#ppt_xBCB#ppt_xB*Y3>B ppt_x<* D' =+4 8?dCB1+#ppt_h/2BCB#ppt_yB*Y3>B ppt_y<* +8+0+ 0 +   0@L0 f^$(  $ $ 6h 0,$  0 $Other key provisions: Article 1 The Court An International Criminal Court ( the Court ) is hereby established. It shall be a permanent institution and shall have the power to exercise its jurisdiction over persons for the most serious crimes of international concern, as referred to in this Statute, and shall be complementary to national criminal jurisdictions. The jurisdiction and functioning of the Court shall be governed by the provisions of this Statute. Article 2 Relationship of the Court with the United Nations The Court shall be brought into relationship with the United Nations through an agreement to be approved by the Assembly of States Parties to this Statute and thereafter concluded by the President of the Court on its behalf. (2  H $ 0޽h ? 335-___PPT10 .=+ =0D' = @B Dd' = @BA?%,( < +O%,( < +D' =%(%(D#' =%(D' =A@BBBB0B%(D' =1:Bvisible*o3>+B#style.visibility<*$%(D' =+4 8?\CB#ppt_xBCB#ppt_xB*Y3>B ppt_x<*$D' =+4 8?dCB1+#ppt_h/2BCB#ppt_yB*Y3>B ppt_y<*$+8+0+$0 +2   0@L0 ((  ( ( 6  E$$  0___PPT9@@@@@@@ SArticle 5 Crimes within the jurisdiction of the Court 1. The jurisdiction of the Court shall be limited to the most serious crimes of concern to the international community as a whole. The Court has jurisdiction in accordance with this Statute with respect to the following crimes: (a) The crime of genocide; (b) Crimes against humanity; (c) War crimes; (d) The crime of aggression. 2. The Court shall exercise jurisdiction over the crime of aggression once a provision is adopted in accordance with articles 121 and 123 defining the crime and setting out the conditions under which the Court shall exercise jurisdiction with respect to this crime. Such a provision shall be consistent with the relevant provisions of the Charter of the United Nations . (26  $$((,,n0044886      n  H ( 0޽h ? 335-___PPT10 .]+ =0D' ė= @B Dd' = @BA?%,( < +O%,( < +D' =%(%(D#' =%(D' =A@BBBB0B%(D' =1:Bvisible*o3>+B#style.visibility<*(%(D' =+4 8?\CB#ppt_xBCB#ppt_xB*Y3>B ppt_x<*(D' =+4 8?dCB1+#ppt_h/2BCB#ppt_yB*Y3>B ppt_y<*(+8+0+(0 +   0@L0 ,(  ,O , B ߗ2N ,$  0 /Article 21 Applicable law 1. The Court shall apply: (a) In the first place, this Statute, Elements of Crimes and its Rules of Procedure and Evidence; (b) In the second place, where appropriate, applicable treaties and the principles and rules of international law, including the established principles of the international law of armed conflict; (c) Failing that, general principles of law derived by the Court from national laws of legal systems of the world including, as appropriate, the national laws of States that would normally exercise jurisdiction over the crime, provided that those principles are not inconsistent with this Statute and with international law and internationally recognized norms and standards. 2. The Court may apply principles and rules of law as interpreted in its previous decisions. J/*  0 H , 0޽h ? 335-___PPT10 .v+-D' ͗= @B Dd' = @BA?%,( < +O%,( < +D' =%(%(D#' =%(D' =A@BBBB0B%(D' =1:Bvisible*o3>+B#style.visibility<*,%(D' =+4 8?\CB#ppt_xBCB#ppt_xB*Y3>B ppt_x<*,D' =+4 8?dCB1+#ppt_h/2BCB#ppt_yB*Y3>B ppt_y<*,+8+0+,0 +$   0@L0 w0(  0 0 6p0u $  0___PPT9ph@@@@  Article 17 Individual criminal responsibility 1. The Court shall have jurisdiction over natural persons pursuant to this Statute. 2. A person who commits a crime within the jurisdiction of the Court shall be individually responsible and liable for punishment in accordance with this Statute. 3. In accordance with this Statute, a person shall be criminally responsible and liable for punishment for a crime within the jurisdiction of the Court if that person ^( 2.Q P. Q   H 0 0޽h ? 335-___PPT10 .-+ =0D' = @B Dd' = @BA?%,( < +O%,( < +D' =%(%(D#' =%(D' =A@BBBB0B%(D' =1:Bvisible*o3>+B#style.visibility<*0%(D' =+4 8?\CB#ppt_xBCB#ppt_xB*Y3>B ppt_x<*0D' =+4 8?dCB1+#ppt_h/2BCB#ppt_yB*Y3>B ppt_y<*0+8+0+00 +n   0@L0 4Y(  4! 4 <,$  0 Article 36 Qualifications, nomination and election of judges 1. Subject to the provisions of paragraph 2, there shall be 18 judges of the Court. 2. (a) The Presidency, acting on behalf of the Court, may propose an increase in the number of judges specified in paragraph 1, indicating the reasons why this is considered necessary and appropriate. The Registrar shall promptly circulate any such proposal to all States Parties. (b) Any such proposal shall then be considered at a meeting of the Assembly of States Parties to be convened in accordance with article 112. The proposal shall be considered adopted if approved at the meeting by a vote of two thirds of the members of the Assembly of States Parties and shall enter into force at such time as decided by the Assembly of States Parties. 4*  H 4 0޽h ? 335-___PPT10 .&#+-D' = @B Dd' = @BA?%,( < +O%,( < +D' =%(%(D#' =%(D' =A@BBBB0B%(D' =1:Bvisible*o3>+B#style.visibility<*4%(D' =+4 8?\CB#ppt_xBCB#ppt_xB*Y3>B ppt_x<*4D' =+4 8?dCB1+#ppt_h/2BCB#ppt_yB*Y3>B ppt_y<*4+8+0+40 +  0@L0 8$(  8r 8 S Ș `}   r 8 S P  H 8 0޽h ? 33___PPT10i.>.+D=' <= @B +r4 -"9^EqS`Ol{w 1Oh+'0 `h|   1fatlawyAhmad5Microsoft Office PowerPoint@`@@pFXGg   f  y--$xx--'"Arial-. .-.-2  .- ."System9-"Arial-. ..- 2 \R.- .-"Arial-. .-.-2 x .- .-"Arial-. .-.-2  .- .-"Arial-. .-.-2  .- .-"Arial-. ..- 2 \R.- .-"Arial-. .-.-B2 c' .- .-@"Arial-. 72 !5 The International Criminal Court.-"Arial-. .-.-+2 /D .- .-@"Arial-. N2 9 /Key Questions for International Criminal Court .-@"Arial-. 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