1 / 44

Justice Tribunals

Justice Tribunals. June 21, 2008. Justice Tribunals. Background on human rights and humanitarian standards Nuremberg Principles United Nations International law Ad hoc tribunals International Criminal Court Extraordinary Chambers in the Courts of Cambodia

molly
Download Presentation

Justice Tribunals

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Justice Tribunals June 21, 2008

  2. Justice Tribunals • Background on human rights and humanitarian standards • Nuremberg Principles • United Nations • International law • Ad hoc tribunals • International Criminal Court • Extraordinary Chambers in the Courts of Cambodia • Other transitional justice mechanisms

  3. Human Rights • Definition • Early Groundings • Philosophical • Religious

  4. Post-World War II • Trials • International Military Tribunal in Nuremberg and for the Far East • Establishment of the United Nations • International human rights standards

  5. Nuremberg and Far Eastern Trials • Basis • Crimes charged • Defendants • Judgments • Aftermath

  6. Nuremberg Principles • Punishment for crimes under international law • Absence of national law does not erase responsibility • No head of state immunity • Individual responsibility • Right to a fair trial • Enumeration of punishable crimes

  7. History of United Nations • League of Nations • United Nations • Declaration by United Nations (1942) • UN Charter (1945)

  8. Declaration of St. James’ Place The only true basis of enduring peace is the willing cooperation of free peoples in a world in which, relieved of the menace of aggression, all may enjoy economic and social security. It is our intention to work together, and with other free peoples, both in war and peace, to this end.

  9. International Human Rights Law International Bill of Human Rights • Universal Declaration of Human Rights (UDHR) • International Covenant on Economic, Social and Cultural Rights (ICESCR) • International Covenant on Civil and Political Rights (ICCPR) • First Optional Protocol • Second Optional Protocol (death penalty)

  10. Core International Human Rights Treaties • Convention on the Elimination of All Forms of Discrimination against Women • Convention on the Elimination of All Forms of Racial Discrimination • Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment • Convention on the Rights of the Child • Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families

  11. International Humanitarian Law “Laws of War” • Seeks to limit effects of armed conflict • Protects persons who are not or are no longer participating in the hostilities • restricts the means and methods of warfare • Applies to international and domestic armed conflicts

  12. International Humanitarian Law • Geneva Conventions (4) • Protocols Additional to Geneva Conventions • Rome Statute of the International Criminal Court • Protocol for the Prohibition of the Use of Asphyxiating, Poisonous or Other Gases, and Warfare, • Convention for the Protection of Cultural Property in the Event of Armed Conflict

  13. Geneva Conventions Grave Breaches • Willful Killing • Torture or inhuman treatment • Willfully causing great suffering or serious injury to body or health • Unlawful deportation or transfer or unlawful confinement of a protected person • Compelling a protected person to serve in the forces of a hostile power • Willfully depriving a protected person of the right to a fair trial • Taking of hostages • Extensive destruction and appropriation of property

  14. Geneva Conventions – Art. 3 • Addresses non-international armed conflicts • States must: • Prohibit specific crimes against persons taking no part in the hostilities • Ensure the wounded and sick are collected and cared for

  15. War Crimes Rome Statute • Grave breaches of the Geneva Conventions • Serious violations of the laws of international armed conflict • Serious violations of common art. 3 (non-international) • Serious violations of the laws of non-international conflict

  16. Crimes against Humanity Rome Statute • Murder; • Extermination; • Enslavement; • Deportation or forcible transfer of population; • Imprisonment or other severe deprivation of physical liberty; • Torture; • Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity; • Persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender or other grounds that are universally recognized as impermissible under international law • Enforced disappearance of persons; • The crime of apartheid; • Other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health.

  17. Genocide Genocide Convention (1951) • Killing members of the group; • Causing serious bodily or mental harm to members of the group; • Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; • Imposing measures intended to prevent births within the group; • Forcibly transferring children of the group to another group.

  18. Ad Hoc Tribunals • International Criminal Tribunal for Yugoslavia (ICTY) (1993) • International Criminal Tribunal for Rwanda (ICTR) (1995) • Special Panels for East Timor (1999-2005) • Special Court for Sierra Leone (SC-SL) (2002) • Extraordinary Chambers in the Courts of Cambodia (ECCC) (2003)

  19. ICTY The Hague, Netherlands Crimes committed in territory of former Yugoslavia from 1991 Committed by any person who planned, instigated, ordered, committed or otherwise aided and abetted 161 indictments 113 cases concluded ICTR Arusha, Tanzania Crimes committed between 1 January and 31 December 1994 Committed by Rwandans in Rwanda and in neighboring States, as well as non-Rwandans for crimes committed in Rwanda At least 33 concluded cases ICTY and ICTR

  20. ICTY Genocide Crimes against humanity Grave breaches of the 1949 Geneva Conventions Violations of the laws or customs of war ICTR Genocide Crimes against humanity Violations of Article 3 common to the Geneva Conventions and of Additional Protocol II ICTY and ICTR

  21. Special Panels of Serious Crimes for East Timor • Mandate • Jurisdiction • Proceedings • Completed 55 trials • 84 individuals convicted • 3 individuals acquitted

  22. Special Court for Sierra Leone • Hybrid Tribunal • Mandate • 4 cases: • AFRC • CDF • RUF • Charles Taylor

  23. International Criminal Court • Permanent court (2002) • Rome Statute • Mandate • Court of last resort • 4 countries under investigation: • Uganda • Democratic Republic of Congo • Central African Republic • Sudan

  24. Extraordinary Chambers in the Courts of Cambodia (ECCC)

  25. ECCC - Background • Mixed tribunal • Established by the Cambodian government and the UN • Located in Phnom Penh, Cambodia • Timeline • Budget

  26. ECCC - Who • Senior leaders of Democratic Kampuchea • Those most responsible for the crimes recognized under the Law on the Establishment of the ECCC • 5 former Khmer Rouge leaders in custody and awaiting trial: • Kaing Guek Eav, leng Sary, leng Thirith, Khieu Samphan, Nuon Chea

  27. ECCC - Crimes • Crimes between April 17, 1975 – Jan. 6, 1979 • Crimes under both Cambodian law and international law

  28. ECCC - Crimes • Cambodian Law • Homicide • Torture • Religious Persecution • International Law • Genocide • Crimes against humanity • Grave breaches of the Geneva Conventions • Destruction of cultural property • Crimes against internationally protected persons

  29. ECCC Crimes under International Law Genocide • Killing members of the group; • Causing serious bodily or mental harm to members of the group; • Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; • Imposing measures intended to prevent births within the group; • Forcibly transferring children of the group to another group.

  30. ECCC Crimes under International Law Crimes against humanity • Murder • Extermination • Enslavement • Deportation • Imprisonment • Torture • Rape • Persecutions on political, racial and religious grounds • Other inhumane acts

  31. ECCCCrimes under International Law Grave breaches of the Geneva Conventions • Willful killing • Torture or inhumane treatment • Willfully causing great suffering or serious injury to body or health • Destruction and serious damage to property, not justified by military necessity and carried out unlawfully and wantonly • Compelling a prisoner of war or a civilian to serve in the forces of a hostile power • Willfully depriving a POW or civilian the right to a fair trial • Unlawful deportation or transfer or unlawful confinement of a civilian • Taking civilians as hostages

  32. ECCC Punishment • Imprisonment between 5 years to life imprisonment • Confiscation of property and/or money • No death penalty

  33. ECCC - Structure • Judicial Chambers • Trial Chamber • Supreme Court Chamber • Co-Prosecutors • Co-Investigating Judges • Defence Support • Office of Administration • Victims Unit

  34. ECCC – Victims Unit • Maintain and provide a list of foreign/national lawyers to represent Victims or Victims Associations • Administer applications for admission to the list of Victims’ Associations to act on behalf of Civil Parties • Assist Victims in lodging complaints; • Assist Victims in submitting Civil Party applications; • Provide information to Victims and Civil Parties to facilitate effective participation; • Facilitate participation of Victims and the common representation of Civil Parties; • Assist the Public Affairs Section in outreach activities related to victims; • Adopt regulations to implement this Rule.

  35. ECCC- Victims Unit Role of Victims • Testify as witnesses • File complaints • Participate as civil parties • Participate in criminal proceedings against the suspects by supporting the prosecution; • seek collective and moral reparations,

  36. ECCC - Victims • “Collective and Moral Reparations:” • An order to publish the judgment in any appropriate news or other media at the convicted person’s expense; • An order to fund any non-profit activity or service that is intended for the benefit of Victims; or • Other appropriate and comparable forms of reparation.

  37. ECCC • 1st hybrid tribunal where international justice and prosecutors are not the majority • Length of time that has passed since crimes committed exceeds any other tribunal’s proceeding • ECCC only official venue for claims of truth and justice about Khmer Rouge

  38. ECCC website: http://www.eccc.gov.kh/

  39. Transitional Justice • Mechanism(s) to help a country and its people move forward after war or massive human rights violations • Truth and Reconciliation Commissions

More Related