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The International Criminal Court is an intergovernmental organization and international tribunal seated in The Hague, Netherlands. It is the first and only permanent international court with jurisdiction to prosecute individuals for the international crimes of genocide, crimes against humanity, war crimes and the crime of aggression. The ICC is distinct from the International Court of Justice, an organ of the United Nations that hears disputes between states.
Universal jurisdiction is a legal principle that allows states or international organizations to claim criminal jurisdiction over an accused person, regardless of where the alleged crime was committed and irrespective of the accused's nationality, country of residence, or any other connection to the prosecuting entity. Crimes prosecuted under universal jurisdiction are considered crimes against all, too serious to tolerate jurisdictional arbitrage. The concept of universal jurisdiction is therefore closely linked to the idea that some international norms are erga omnes, or owed to the entire world community, as well as to the concept of jus cogens—that certain international law obligations are binding on all states.
In an extradition, one jurisdiction delivers a person accused or convicted of committing a crime in another jurisdiction, into the custody of the other's law enforcement. It is a cooperative law enforcement procedure between the two jurisdictions, and depends on the arrangements made between them. In addition to legal aspects of the process, extradition also involves the physical transfer of custody of the person being extradited to the legal authority of the requesting jurisdiction.
Charles McArthur Ghankay Taylor is a Liberian former politician and convicted war criminal who served as the 22nd president of Liberia from 2 August 1997 until his resignation on 11 August 2003 as a result of the Second Liberian Civil War and growing international pressure.
Faryadi Sarwar Zardad is an Afghan former warlord and mujahideen leader. In 2005, he was convicted in the United Kingdom, for conspiring to take hostages and conspiring to torture during the 1990s in Afghanistan.
International criminal law (ICL) is a body of public international law designed to prohibit certain categories of conduct commonly viewed as serious atrocities and to make perpetrators of such conduct criminally accountable for their perpetration. The core crimes under international law are genocide, war crimes, crimes against humanity, and the crime of aggression.
In the practice of international law, command responsibility is the legal doctrine of hierarchical accountability for war crimes, whereby a commanding officer (military) and a superior officer (civil) is legally responsible for the war crimes and the crimes against humanity committed by his subordinates; thus, a commanding officer always is accountable for the acts of commission and the acts of omission of his soldiers.
Immunity from prosecution is a doctrine of international law that allows an accused to avoid prosecution for criminal offences. Immunities are of two types. The first is functional immunity, or immunity ratione materiae. This is an immunity granted to people who perform certain functions of state. The second is personal immunity, or immunity ratione personae. This is an immunity granted to certain officials because of the office they hold, rather than in relation to the act they have committed.
The states parties to the Rome Statute of the International Criminal Court are those sovereign states that have ratified, or have otherwise become party to, the Rome Statute. The Rome Statute is the treaty that established the International Criminal Court, an international court that has jurisdiction over certain international crimes, including genocide, crimes against humanity, and war crimes that are committed by nationals of states parties or within the territory of states parties. States parties are legally obligated to co-operate with the Court when it requires, such as in arresting and transferring indicted persons or providing access to evidence and witnesses. States parties are entitled to participate and vote in proceedings of the Assembly of States Parties, which is the Court's governing body. Such proceedings include the election of such officials as judges and the Prosecutor, the approval of the Court's budget, and the adoption of amendments to the Rome Statute.
General Augusto Pinochet was indicted for human rights violations committed in his native Chile by Spanish magistrate Baltasar Garzón in 1998. He was arrested in London six days later and held on house arrest for a year and a half before being released by the British government in 2000. Authorised to return to Chile, Pinochet was subsequently indicted by judge Juan Guzmán Tapia and charged with several crimes. He died in 2006 without having been convicted. His arrest in London made the front pages of newspapers worldwide; not only did it involve the head of the military dictatorship that ruled Chile between 1973 and 1990, it marked the first time judges had applied the principle of universal jurisdiction, declaring themselves competent to judge crimes committed in a country by former heads of state, despite the existence of local amnesty laws.
Ricardo Miguel Cavallo is a retired Argentine naval lieutenant commander. Under the name Miguel Angel Cavallo, he served as an officer of the National Reorganization Process, which ruled Argentina from 1976 to 1983. On the basis of his activities in secret G-322 operations, he was later charged with kidnapping, torture, and/or murder, of hundreds of political dissidents.
The Völkerstrafgesetzbuch, abbreviated VStGB, is a German law that regulates crimes against (public) international law. It allows cases to be brought against suspects under international criminal law provisions, meaning that suspects can be prosecuted even though both they and their victims are foreigners and the crime itself took place abroad.
The Center for Justice and Accountability (CJA) is a US non-profit international human rights organization based in San Francisco, California. Founded in 1998, CJA represents survivors of torture and other grave human rights abuses in cases against individual rights violators before U.S. and Spanish courts. CJA has pioneered the use of civil litigation in the United States as a means of redress for survivors from around the world.
Chowdhury Mueen-Uddin, is a British citizen convicted of war crimes committed during the Bangladesh Liberation War which involved the murder of Bengali intellectuals in collaboration with the Pakistan Army. After the liberation of Bangladesh, Chowdhury escaped from Bangladesh and attained British citizenship. Bangladesh has yet to file a request with the UK government to bring back Mueen, and the two countries do not have any extradition treaty signed between them.
R v Bow St Metropolitan Stipendiary Magistrate [2000] 1 AC 61, 119 and 147 is a set of three UK constitutional law judgments by the House of Lords that examined whether former Chilean dictator Augusto Pinochet was entitled to claim state immunity from torture allegations made by a Spanish court and therefore avoid extradition to Spain. They have proven to be of landmark significance in international criminal law and human rights law.
Witch-hunts are still occurring in Nepal in the twenty-first century, and the persecution of marginalised individuals of the community, especially women, still persists. Witchcraft is believed to be the exercise of supernatural powers by witches. Although Nepal does not have a recorded history of systematic witch-hunts, belief in the supernatural, magic, and humans capable of exploiting both to do good or harm is pervasive. In many instances, witch-hunts are simply tribal scapegoating measures carried out to serve ulterior motives, such as getting revenge or winning property disputes.
International and national courts outside Syria have begun the prosecution of Syrian civil war criminals. War crimes perpetrated by the Syrian government or rebel groups include extermination, murder, rape or other forms of sexual violence, torture and imprisonment. "[A]ccountability for serious violations of international humanitarian law and human rights is central to achieving and maintaining durable peace in Syria", stated UN Under-Secretary-General Rosemary DiCarlo.
Agnes Reeves Taylor, ex-wife of former Liberian President Charles Taylor, was born on 27 September 1965 in Liberia. On 2 June 2017, she was arrested in London by the Metropolitan Police and charged with torture on the grounds of her suspected involvement with the National Patriotic Front of Liberia (NFPL) rebel group, which was led by her ex-husband, during the First Liberian Civil War, from 1989 to 1996.
Kunti Kamara, a.k.a. Kunti Kumara, Kunti K., Colonel Kamara, CO Kamara or Co Kamara, whose real name may be Awaliho Soumaworo, is a former Liberian rebel militia commander who participated in the First Liberian Civil War as a leader in the United Liberation Movement of Liberia for Democracy (ULIMO).
References
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- 1 2 Hovell, Devika (2017-04-06). "The 'Mistrial' of Kumar Lama: Problematizing Universal Jurisdiction". European Journal of International Law . Archived from the original on 2021-05-14. Retrieved 2022-01-05.
- 1 2 "Arrest of Colonel Lama: Army Set Back". Spotlight Nepal . 14 January 2013. Archived from the original on 2021-06-03. Retrieved 9 December 2014.