International Criminal Law Group #3

8/2/2019 International Criminal Law Group #3

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Criminal Law 122(Spring 2012)Group # 3(Team Detectives)

Professor Whitaker

Phedencia PrenticeJodyne Ambrose

Aaron Roundtree

Holden John-Rose


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International Criminal Law: The International Criminal Court (ICC), governed by the

Rome Statute, is the first permanent, treaty based,

international criminal court established to help end

impunity for the perpetrators of the most serious crimes of

concern to the international community.

http://www.icccpi.int/menus/icc/about%20the%20court/icc%20at%20a

%20glance/icc%20at%20a%20glance?lan=en-GB


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International Criminal Law: The Court is Divided into Four Groups:

*The Presidency

* The Judicial Division

* Office of the Prosecutor

*The Registry


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Description of Presidency The Presidency is responsible for the overall

administration of the Court, with the exception of the

Office of the Prosecutor .The Presidency is composedof three judges of the Court, elected to the Presidency

by their fellow judges, for a term of three years.

http://www.icc-cpi.int/Menus/ICC/Structure+of+the+Court/


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Description of Judicial Division

The Judicial Divisions consist of eighteen judges

organized into the Pre-Trial Division, the Trial Division

and the Appeals Division. The judges of each Division sitin Chambers which are responsible for conducting the

proceedings of the Court at different stages. Assignment

of judges to Divisions is made on the basis of the nature of

the functions each Division performs and thequalifications and experience of the judge.



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Description of Office of the

Prosecutor

The Office of the Prosecutor is responsible for

receiving referrals and any substantiated informationon crimes within the jurisdiction of the Court, for

examining them and for conducting investigations and

prosecutions before the Court.



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Description of The Registry The Registry is responsible for the non-judicial aspects of

the administration and servicing of the Court.



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Current Cases in (ICC) They are currently having a trial for Jean-Pierre Bemba Gombo. He is the Presidentand Commander-in-chief of the Mouvementde libration du Congo (Movement for theLiberation of Congo) (MLC).

Counts : Mr. Bemba is allegedly criminallyresponsible, as military commander, of Twocounts of crimes against humanity: murder(article 7(1)(a) of the Statute ) and rape(article 7(1)(g) of the Statute );

Three counts of war crime: murder (article

8(2)(c)(i) of the Statute); rape (article8(2)(e)(vi) of the Statute); and pillaging(article 8(2)(e)(v) of the Statute).

http://www.icc-cpi.int/Menus/ICC/Situations+and+Cases/Situations/Situation+ICC+0105/Related+Cases/ICC+0105+0108/Case+The+Prosecutor+v+Jean-Pierre+Bemba+Gombo.htm


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Current Cases in (ICC) They are also having a trial forThomas Lubanga Dyilo.Heisthe Alleged founder of Uniondes Patriotes Congolais (UPC)and the Forces patriotiquespour la libration du Congo(FPLC);

Alleged former Commander-

in-Chief of the FPLC, sinceSeptember 2002 and at leastuntil the end of 2003.

Alleged president of the UPC.

http://www.icc-

cpi.int/Menus/ICC/Situations+and+Cases/Situations/Situation+ICC+0104/Related+Cases/ICC+0104+0106/Democratic+Republic+of+the+Congo.ht

m


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BREAKING NEWS! Thomas Lubanga Dyilo, the firstdefendant tried before theInternational Criminal Court, wasfound guilty of committing war

crimes involving the use of childsoldiers in the civil war in theDemocratic Republic of Congo.JUSTICE HAS BEEN SERVE!TAKE THAT Lubanga!

This is an very unfortunate case butam glad the ICC did their job. Littlegirls were raped by commanders,faced brutal violence, disease, forcedpregnancy, and did not receiveadequate medical care when needed.

http://globalsolutions.org/blog/201

2/03/super-villains-kony-there-was-lubanga


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Uniform Code of Military Justice

VS. Civilian JusticePretrial Conferences

UCMJ

The military judge may hold informal conferences to

coordinate aspects of the trial where it may be in person,

or by phone, but may not be used to resolve contested

issues.

Civilian Justice A legally trained judge presides over most courts-martial

that will be held in chambers.

http://usmilitary.about.com/od/justicelawlegislation/l/aacmartial2.htm


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VS. Civilian JusticePre-trial Hearings

UCMJ

The military judge usually settles contested legal or proceduralissues under Article 39(a), of the Uniform Code of Military

Justice, which allows him to conduct hearings for that purpose.

Civilian Justice

Civilian sessions take place outside the presence of the court-

martial members who serve as the jury in military cases.



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VS. Civilian Justice Arraignment

UCMJ

The accused service member is informed of the charges against

him and offered an opportunity to make a plea guilty or not guilty.If the service member pleads guilty, before a formal plea may be

accepted the military judge must ensure that the service member

understands what he is doing and is acting voluntarily. The

military inquiry is typically more extensive and fact-specific

regarding the offenses. Civilian Justice

Civilian judges have the same requirement as the military system.



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VS. Civilian Justice Sentencing Proceeding

UCMJ

If the service member is convicted of any offense, the case

proceeds immediately to the issue of sentencing. There are no sentencing guidelines or minimum sentence

requirements for military courts.

Military sentences can include many different punishments such

as death, confinement, separation from the service, reduction in

pay grade, forfeiture of pay and allowances, fine, and reprimand.

The maximum limits on punishments for each offense are set by

Congress in the Uniform Code of Military Justice and defined in

more detail by the President in the Manual for Courts-Martial.http://usmilitary.about.com/od/justicelawlegislation/l/aacmartial2.htm


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VS. Civilian Justice Sentencing Proceeding

Civilian Justice

Civilian courts, an individual will receive a sentence on each

count for which he is convicted. In civilian courts, typical sentences may include death,

confinement, or fines. A civilian judge may also impose probation,

and he may require the completion of community service and

mandatory treatment or education programs as a condition of

probation.


International Criminal Law Group #3

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