Posts tagged ‘international criminal law’
Sudan, Libya, and (Inter)national Criminal Punishment
At the national level, “courts and prosecutors are bound to serve the interests of society in general and, to some ambiguous and debated degree, the interests of victims.”[1] At the international level this complexity is even more pronounced, as at least one more injured party is introduced to the mix. By definition, the negative impact of international crime is felt not just by its immediate victims and the States in which it transpires, but also by the international community.
On 26 February 2011, the UN Security Council unanimously referred the situation in Libya to the Prosecutor of the International Criminal Court (ICC).[2] Just under six years ago, the Security Council referred the situation in Sudan to the ICC.[3] Both referrals were made pursuant to Chapter VII of the UN Charter, that is, in response to a threat to international peace and security.[4] Neither Libya nor Sudan are States Parties to the Rome Statute, the ICC’s foundational document, and both retain and use the death penalty as a mode of criminal punishment.[5]
Both States’ retention of the death penalty, far more remarkable today than it would have been years ago, is markedly at odds with the ICC’s relatively lenient sentencing scheme, whose most severe punishment is a term of life imprisonment,[6] to be served under conditions “consistent with widely accepted international treaty standards governing treatment…
KARADZIC A NO-SHOW: HOW SHOULD THE ICTY PROCEED?
Radovan Karadzic’s ICTY trial in The Hague has begun with the accused missing in action. Presiding Judge O-Gon Kwon allowed the prosecution to make their opening statement and said that the trial would continue regardless of Karadzic’s presence. The revised indictment contains charges for nine separate criminal acts for which he faces a maximum sentence of life imprisonment. In support of these accusations, the prosecution may present hundreds of witnesses and up to 1.2 million pages of evidence. Karadzic has asked for 9 more months in order to properly prepare and defend himself, a request that has been denied by both the Trial and Appeal Chambers.
The Right to be Present: Fundamental but not Absolute
Those standing trial in front of the ICTY have the statutory right to be present at their own trials (art. 21(4)(d) ICTY Statute). Moreover, the accused is entitled to adequate time to prepare for his trial (art. 21(4)(b)). While the right to be present at one’s own trial is a fundamental one, Judge Kwon remarked on Tuesday, it is not absolute. Indeed the Human Rights Committee (see Monguya Mbenge v. Democratic Republic of the Congo, Communication No. 16/1977) confirms that one may, when voluntary and unequivocal, waive the right to be present. Karadzic had notice of the beginning of the trial and decided not to show up.
One can, however, infer his seriousness to…
