The foundation of International Criminal Justice
The introductory session of the Conference will be presented by reflections on issues of a general nature in the fight against impunity.
The compatibility of the principles of national sovereignty and of international legality under the emerging concept of the Responsibility to Protect, is at the basis of the intervention of the international community to ensure the exercise of jurisdiction over the most serious crimes.
The various forms of international criminal justice experimented so far include the establishment of the ad hoc Tribunals, as well as other forms of mixed exercise of jurisdiction.
With the adoption of the Rome Statute, the basic structure for a permanent legal system for the implementation of International Humanitarian Law (IHL) was laid down, and the challenges ahead request close inter-action between the ICC and the international community.
Promotion of International Criminal Justice
The first years of experience of the ICC have already shown its ability to meet expectations for the permanent system of international criminal justice to cope with its mandate, as well as to offer stimulating conditions of work and career perspectives attractive to professionals in a number of different areas.
The permanent international legal system created with the Rome Statute and related instruments is already facing the challenges it was conceived for. The proper functioning of the ICC entails the build-up of a network of relationships with States, International Organisations, and other actors. In this context, acknowledgments for the role of the ICC (e.g., the Sudan referral and the Charles Taylor trial) are promising, in view of its future ability to become a universally accepted institution.
The understanding of the mandate of the Court and the correct perception of its independence and functioning falls within responsibilities of the Court itself, but States as well as civil society play an essential role in the dissemination of the values of the Rome Statute, and in gathering and enhancing consensus on the ICC.
Relationship between IHL and other ICL instruments
A number of international instruments introducing substantive criminal provisions as well as norms on cooperation and assistance, may be of relevance in the implementation of IHL:
Consideration could be given to the applicability of the relevant international Conventions (e.g., on Transnational Organised Crime, Money-laundering, Terrorism, Corruption, Drug) to implement the ICC complementarity principle, and to enhance the effectiveness of ICC investigations.
The Review Conference of the Rome Statute
The first phase of activity of the ICC has not yet fully tested all the relevant substantial and procedural law of the Statute, but still represents a departing point for reflection on the possible contents of the first mandatory Review Conference of the Rome Statute.
The definition of the crime of aggression
The open-ended Special Working Group negotiations for the definition of the crime of aggression are steadily advancing in the time allocated during the meetings of the Assembly of States Parties of the ICC, and on the occasion of the intersessional meetings hosted by the Liechtenstein Institute on Self-determination in Princeton.
The Legacy of the International Tribunals
Depending on a number of circumstances, temporary international jurisdictions will finally close their activities in a near future.
The participation in the Conference of relevant international actors (e.g., Judges, Prosecutors and Registrars of the ad hoc and other Tribunals and Courts) will represent an opportunity for advancing understanding on the implications of such historic event.
6.1 - In spite of the termination of their activities, some issues arising from temporary international criminal jurisdictions will still need to be addressed through appropriate mechanisms.
Residual issues of jurisdictional nature include:
Besides, administrative issues include:
6.2 The Legacy of the International and internationalized Tribunals and Courts is represented by what will be left of their years of judicial activity, as well as of their established practices, and will be captured under the relevant:
International case law
Some of the jurisprudence developed by the UN ad hoc Tribunals before 1998 has become the subject of substantive criminal law provisions in the ICC Rome Statute. International criminal justice, national tribunals with the participation of international judges and prosecutors, as well as national jurisdictions have produced jurisprudence that might be reviewed to clarify whether developments might reach the threshold of customary law and are worth to be taken into account for the consolidation of international criminal law.
An analysis of the relevant jurisprudence and of the practice of States will also offer an opportunity to assess possible lacunae in the implementation of IHL. The issue of universal jurisdiction may also be explored in the light of the complementarity principle under the Rome Statute.
International investigation, prosecution, and cooperation best practices
The Offices of the Prosecutors (OTPs) have now developed a rather consolidated although variegated experience in investigating international crimes, in a number of different jurisdictional situations.
Consequently, efforts to securing cooperation by State and non-State actors have over the years been confronted with a number of political, socio-cultural, economic, as well as practical issues. In turn, the need to rely on international cooperation might have influenced the choice of investigative techniques which have proven to be most successful.
Similarly, international prosecutions had to take into account a number of factors, including the need to speed up trials, and comply with the international mandate and with available resources.
The review of relevant best practices of the OTPs in investigating and prosecuting international crimes, as well as in addressing cooperation issues, will be dealt with in two distinct sessions, by prominent OTPs officials.