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International Criminal Court Review Conference: Brief Review of Resolutions PDF Imprimer Envoyer
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Me Caroline Daniel (Montréal, Canada)

On June 5, 2010, the Quebec Bar and Amnesty International (AICF) held a conference at the Congrès du Barreau du Québec held in La Malbaie, Quebec. Esteemed international criminal defence attorney Me Elise Groulx, Professor Pacifique Manirakiza (University of Ottawa) and Me Caroline Daniel offered a review of the International Criminal Court (ICC) and its implications for Canada. The conference was animated by Me Anne-Marie Bilodeau.

It was noted by the panel that resolutions to include a definition of the crime of aggression and provisions for the activation of the Court’s jurisdiction over such crime, based on the 1974 United Nations General Assembly Resolution 3314 (XXIX), were likely to be adopted by the Review Conference of the Rome Statute. The said resolutions were, in fact, adopted during the Review Conference held in Kampala, Uganda, on June 11, 2010. In addition, the States Parties adopted a resolution allowing the Court to prosecute as a war crime the employment of certain weapons, expanding bullets, asphyxiating or poisonous gases, and all other liquids and materials, when such employment takes place in armed conflict not of an international character, thereby amending Article 8 of the Rome Statute.

Unfortunately, a resolution preserving in its current form Article 124 was adopted, allowing new States Parties to exclude, for seven years, war crimes allegedly committed by its nationals or on its territory from the Court’s jurisdiction, but agreeing to review its provisions at the 14th session of the Assembly of States Parties. Other resolutions adopted at the Conference include one on the issue of complementarity, namely one regarding the impact of the Rome Statute system on victims and affected communities and one on the enforcement of sentences.

The panel also provided a rapid review of the 2010 Amnesty International Report on the situation of human rights in the world and Canada’s role since the creation of the ICC. The panelists also pointed to the fact that American attorney Peter Erlinder had been recently arrested in Rwanda after having represented Rwandan unsavory politician Victoire Ingabire.

 

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