The Rome Statutes are based on the charter of the United Nations. The ICC enjoys unprecedented collaboration with the United Nations. The Rome Statutes are meant to be complementary to national criminal codes to the extent due-diligence cannot be readily discerned.
 
If the ICC does not have jurisdiction over any matter post July 2002, the UN Security Council may refer the matter to the ICC for prosecution. There is ample precedence for that.
 
In the case of Sabally, it would appear the question of jurisprudence is moot. The only question is whether the crimes he is alleged to have committed rise to the qualities of ICC domain. And that they do.
 
Suntou, remmember those qualities are not attached to any numerical consideration. Crimes against humanity and war crimes are more qualitative crimes than quantitative.
 
I promise to look more into the ICC because I am particularly interested in mercenary judges and their part in crimes against humanity.
 
Thanx Daffeh for enabling my more focused review of the ICC.
Haruna. 



-----Original Message-----
From: Haruna Darbo <[log in to unmask]>
To: GAMBIA-L <[log in to unmask]>
Sent: Thu, Jul 22, 2010 7:28 pm
Subject: Re: ICC and jurisdictions. Suntou/Daffeh/coleagues

The Court (ICC) does not have universal jurisdiction.  The Court may only exercise jurisdiction if:
  • The accused is a national of a State Party or a State otherwise accepting the jurisdiction of the Court;
  • The crime took place on the territory of a State Party or a State otherwise accepting the jurisdiction of the Court; or
  • The United Nations Security Council has referred the situation to the Prosecutor, irrespective of the nationality of the accused or the location of the crime.
The Court’s jurisdiction is further limited to events taking place since 1 July 2002.  In addition, if a State joins the Court after 1 July 2002, the Court only has jurisdiction after the Statute entered into force for that State.  Such a State may nonetheless accept the jurisdiction of the Court for the period before the Statute’s entry into force.  However, in no case can the Court exercise jurisdiction over events before 1 July 2002.
Even where the Court has jurisdiction, it will not necessarily act.  The principle of “complementarity” provides that certain cases will be inadmissible even though the Court has jurisdiction.  In general, a case will be inadmissible if it has been or is being investigated or prosecuted by a State with jurisdiction.  However, a case may be admissible if the investigating or prosecuting State is unwilling or unable to genuinely to carry out the investigation or prosecution.  For example, a case would be admissible if national proceedings were undertaken for the purpose of shielding the person from criminal responsibility.  In addition, a case will be inadmissible if it is not of sufficient gravity to justify further action by the Court.




-----Original Message-----
From: Haruna Darbo <[log in to unmask]>
To: GAMBIA-L <[log in to unmask]>
Sent: Thu, Jul 22, 2010 7:23 pm
Subject: Re: ICC and jurisdictions. Suntou/Daffeh

Gentlemen,
 
I understand both Gambia and Germany are signatories to the Rome Statutes and the concensus for the ICC's creation. Jurisdiction may not therefore be secours for the mobile-accused. After the Nuremberg trials, I think it is safe to say Germany has zero tolerance for itinerant criminals.
 
Perhaps the trial of Sabally by the ICC could net other criminals like Yahya and an international warrant for his arrest.
 
Haruna. I will review the enforcement mechanism of ICC warrants later.
-----Original Message-----
From: Haruna Darbo <[log in to unmask]>
To: GAMBIA-L <[log in to unmask]>
Sent: Thu, Jul 22, 2010 4:53 pm
Subject: Re: ICC and jurisdictions. Suntou.

Thanx Daffeh for this correction. I have a tendency to group all international orgs under the UN. Thank you.
 
It would appear then that ICC would have jurisdiction over Sabally in Germany. Even though the purported crimes were said to have happened in Gambia. Is Gambia a signatory to the Rome Statute? Is Germany a signatory? If a criminal flees to a country that is a signatory, does that not afford the ICC jurisdiction?
 
If an American comits the atrocities that Sabally is alleged to have comitted, he/she would wish the ICC had jurisdiction over them.
 
Thanx again Daffeh for the correction.
 
Haruna.

-----Original Message-----
From: UDP United Kingdom <[log in to unmask]>
To: GAMBIA-L <[log in to unmask]>
Sent: Thu, Jul 22, 2010 3:40 pm
Subject: Re: ICC and jurisdictions. Suntou.

That is not quite right, Haruna. You would have to be a signatory to the Rome Statute before the ICC can have jurisdiction
 over matters arising from your country or her citizens. As things stand now, the ICC does not have jurisdiction to try American citizens because the U.S is not a signatory to the Rome Statute, and that is despite being a leading player in international politics and the UN System.
 
I hope this helps.
 
Regards
 
Daffeh
On 22 July 2010 19:52, Haruna Darbo <[log in to unmask]> wrote:
Suntou,
 
I don't understand what your query is.
 
The international criminal court has jurisdiction over criminals. It doesn't matter where the criminals comit the crimes. That is the whole idea I think. That because national laws are limited as to jurisdiction, criminals have been moving from country to country to avoid prosecution. The United Nations, having understood that this constitutes an attempt to elude justice, set up the ICC to fight crime and criminals.
 
So yes. Any nation that is part of the UN and a signatory to UN conventions on Justice and human rights is a jurisdiction for the ICC.
Haruna.

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