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The ICC Prosecutor is opening a Preliminary Examination on the Rohingya situation

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19 September 2018 – On Monday, the Office of the Prosecutor of the International Criminal Court (ICC) announced it will open a preliminary examination concerning the alleged deportation of the Rohingya people from Myanmar to Bangladesh. This examination is the first step towards a proper investigation, which will take place if the examination shows reasonable basis to proceed accordingly.

The International Criminal Court in The Hague

The question of the Court’s jurisdiction on the Rohingya situation was the subject of a debate, as while Bangladesh is a State Party to the ICC, Myanmar is not. Given the cross-border nature of the crime of deportation, the Court was confronted to a new jurisdictional dilemma. For the very first time, the Prosecutor thus made use of Article 19(3) of the Rome Statute to seek a ruling on jurisdiction, and the Canadian Partnership for International Justice (CPIJ), along with other expert organizations, was invited to present Amici Curiae observations to the Court on that matter. On September 6, the ICC rendered a judgement in line with CPIJ’s observations: it ruled that the court has jurisdiction “over the crime the Court has jurisdiction over the crime against humanity of deportation allegedly committed against members of the Rohingya people” because “an element of this crime (the crossing of the border) took place on the territory of a State party to the Statute.

The Partnership warmly welcomes this decision from the ICC Prosecutor to move forward with a preliminary examination, which constitutes an important step forward the realization of a justice for the Rohingya. In addition, PCJI also considers that Canada can and should play an important role in the achievement of this justice, as explained in an op-ed published on Monday co-authored by Amanda Ghahremani, Mark Kersten and Fannie Lafontaine.

 

Al Bashir Case: CPIJ Co-Researcher Darryl Robinson presented observations before the ICC

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Darryl Robinson at the hearing

12 September 2018 – CPIJ Co-Researcher Darryl Robinson was yesterday before the International Criminal Court (ICC) to orally present Amici Curiae observations on controversial questions arising in the Al Bashir case. The Court’s decision will be of particular importance as the issue at stake, namely the question of immunities of heads of States, has been the subject of a heated debate over the last years.

President Omar Al Bashir of Sudan, accused of genocide and other crimes perpetrated in Darfur, is the object of an arrest warrant by the ICC. Following the failure of some States, including the Hashemite Kingdom of Jordan, to arrest him, the ICC rendered a decision in which it ruled that immunities of heads of States cannot be invoked to justify an absence of cooperation with the Court. Jordan appealed of this decision. It is in this context that on 18 June 2018, Darryl Robinson and a group of experts including members of the Canadian Partnership for International Justice were invited to submit Amici Curiae observations to the ICC concerning the appeal filed by Jordan. The Amici, namely Darryl RobinsonFannie LafontaineValerie OosterveldMargaret M. deGuzmanRobert Cryer and Carsten Stahn, argued that Al Bashir has no immunity before the ICC, in accordance with the interpretation adopted by the Pre-Trial Chamber.

On behalf of this expert group, Mr. Robinson, alongside with other Amici, was asked to orally present the Amici’s observations at a hearing before the ICC. The Partnership is proud to actively contribute to the making of a decision of the highest importance in the Court’s history with its Co-Researchers spearheading the development of complicated judicial advices.

More information about the Amici Curiae is available here.

The ICC has jurisdiction over the alleged deportation of the Rohingya people

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Today, the Pre-trial Chamber I of the International Criminal Court (“ICC”) ruled on the Prosecutor’s request regarding jurisdiction on the deportation of Royingha people from Myanmar to Bangladesh. This ruling follows most of CPIJ’s observations submitted as Amici curiae in June 2018.

In its decision, the Chamber first determined that “it has the power to entertain the Prosecutor’s request under article 119(1) of the ICC Rome Statute (“Statute”), as well as pursuant to the principle of la compétence de la compétence”. It then decided that the Statute “contains two separate crimes” (forcible transfer and deportation) and that “the Court may exercise its jurisdiction if either an element of a crime mentioned in article 5 of the Statute or part of such a crime is committed on the territory of a State that is party to the Statute”.

The Chamber therefore ruled that “the Court has jurisdiction over the crime against humanity of deportation allegedly committed against members of the Rohingya people” because “an element of this crime (the crossing of the border) took place on the territory of a State party to the Statute (Bangladesh)”. It also recognized that “the Court may also exercise its jurisdiction with regard to any other crime set out in article 5 of the Statute, such as the crimes against humanity of persecution and/or other inhumane acts”.

The dissenting Judge Perrin de Brichambault was of the view that “articles 19(3) and 119(1) of the Statute are inapplicable and that the principle of la compétence de la compétence cannot serve as an alternative basis for the Chamber to provide a ruling”. He “believed that the Court cannot rule on its jurisdiction” at this stage, “but that it remains open to the Prosecutor to present a request for authorisation of an investigation to a Pre-Trial Chamber.”

This decision followed most of the analysis proposed in the CPIJ’s Amici Curiae observations, submitted to the ICC on June 18, 2018. These observations, in support of the Prosecutor’s arguments, concerned three distinct issues. First, the scope of article 19(3) and the powers of the Prosecutor to seek a ruling on jurisdiction before a formal situation has been assigned to it. Second, the scope of the ICC’s territorial jurisdiction under article 12(2). Third, the scope of the crime of deportation under article 7(1)(d) of the Statute.

Relevant documents:

20 years ago, the Rome Statute of the International Criminal Court was adopted

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17 July 2018 – Exactly 20 years ago, the Statute of the International Criminal Court (ICC) was adopted in Rome by a conference of 160 States. It is to mark this major historical event that the 17th of July became International Justice Day.

The ICC is the first permanent criminal court designed to fight impunity for authors of the most serious crimes. After a surge of enthusiasm in the 1990s, with the creation of the International Criminal Tribunals for the former Yugoslavia and the Rwanda, the Court nowadays faces important challenges. As a matter of fact, the ICC received – and still receives – severe criticism concerning its legitimacy, representativeness and impact on peace and reconciliation. It also suffered from its lack of experience, which led to certain missteps.

Despite these important challenges, the consensus on relevance of international justice’s objectives still persists and calls for an innovative approach in order to elaborate solutions and contribute to the realization of these objectives. This is what the Canadian Partnership for International Justice (CPIJ) puts forward through its coordinated research program, which brings together leading Canadian academics and non-governmental actors.

By enhancing the effectiveness of the global effort to hold accountable those responsible for the most serious international crimes, by deterring these atrocities, by contributing to the healing process of victims and by enhancing Canada’s role as a global leader in the fight against impunity at a time when the international justice system particularly needs it, CPIJ contributes and will continue to contribute to the Rome Statute’s global project in Canada and elsewhere.

Today, we join our voice to those who contribute to make the fight against impunity a reality in an increasing number of jurisdictions, for the benefit of both justice and peace.

CPIJ holds its first General Assembly with two guests of honour

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The first General Assembly of the Canadian Partnership for International Justice (CPIJ) was held in Montreal on 11 June 2018. Besides fruitfully brainstorming on the Partnership’s development, CPIJ had the pleasure to welcome two guests of honour, namely the Honourables Bob Rae and Irwin Cotler. As Canada’s Special Envoy to Myanmar, Mr. Rae has developed extensive expertise on the Rohingya situation, which he was pleased to share with CPIJ under Chatham House Rules. CPIJ particularly enjoyed this discussion as it was only a few days away from presenting its Amici Curiae observations pertaining to this situation to the International Criminal Court (ICC). Later that day, the Partnership met with Irwin Cotler, who discussed his work as a member of independent international experts panel designated by the Secretary General of the Organization of American States (OAS). The panel was asked to determine whether there was reasonable grounds to believe that crimes against humanity have been committed in Venezuela. In its final report presented on 29 May 2018, the experts answered in the affirmative and recommended notably that the OAS Secretary General invite States Parties to the Rome Statute to refer the situation of Venezuela to the ICC. In brief, CPIJ’s first General Assembly was a frank success, and was productive, stimulating and enjoyable for all.

A group of experts including CPIJ members submitted an Amici Curiae to the ICC on the Al Bashir case

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June 2018– On 18 June 2018, a group of experts including members of the Canadian Partnership for International Justice (CPIJ) submitted Amici Curiae observations to the International Criminal Court (ICC) on complicated and controversial questions arising in the Al Bashir case. This decision of the ICC will be particularly important since it pertains to the power of the UN Security Council to set aside immunities of a head of State in the pursuit of justice, a question which is has been debated for years.

President Omar Al Bashir of Sudan is accused of genocide and other crimes committed in Darfur. The United Nations Security Council referred the situation in Darfur to the ICC in 2005, stating that “the Government of Sudan and all other parties to the conflict in Darfur, shall cooperate fully with and provide any necessary assistance to the Court and the Prosecutor” (S/RES/1593 (2005)). However, some States, including the Hashemite Kingdom of Jordan, failed to arrest Omar Al Bashir. Consequently, on 11 December 2017, the ICC Pre-Trial Chamber II rendered a decision on the non-compliance by Jordan with the request by the Court, where it ruled that the immunities of Omar Al Bashir as Head of State cannot be invoked to justify a failure to comply to the Court’s request of his arrest. Jordan appealed of this decision.

A group of experts including CPIJ members submitted a request for leaveon 26 April 2018, which was accepted by the ICC on 21 May. The Amici therefore submitted their observations four weeks later, stating that the ICC Appeals Chamber should uphold the interpretation adopted by the Pre-Trial Chamber, and that Al Bashir has no immunity before the ICC. The group also suggested legal avenues to respect competing legitimate concerns. The Amici Curiae, signed by Darryl RobinsonFannie LafontaineValerie OosterveldMargaret M. deGuzmanRobert Cryer and Carsten Stahncan be accessed here.

CPIJ members submit Amici Curiae to the ICC concerning the Rohingya situation

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June 2018 – On 18 June 2018, members of the Canadian Partnership for International Justice (CPIJ) submitted Amici Curiae observations to the International Criminal Court (ICC) on legal issues arising from the Prosecutor’s request for a ruling on jurisdiction concerning the Rohingya being deported from Myanmar to Bangladesh.

The Prosecutor’s request under Article 19(3) of the Rome Statute is the first of its kind. She asked the Court to determine if it has jurisdiction over the situation of the Rohingya, who are currently being deported from Myanmar (a non State party to the Rome Statute) to Bangladesh (a State party). The cross-border nature of this crime, involving a country who is not a party to the Court, raises important legal questions about to the Court’s ability to adjudicate the matter.

The Amici Curiae provided the Court with observations, in support of the Prosecutor’s arguments, on three distinct issues. First, the scope of Article 19(3) and the powers of the Prosecutor to seek a ruling on jurisdiction before a formal situation has been assigned to it. Second, the scope of the ICC’s territorial jurisdiction under Article 12(2). Third, the scope of the crime of deportation under article 7(1)(d) of the Rome Statute. The full text of the observations can be found on the ICC website.

“We are proud to contribute to the development of complex judicial issues which are at the very heart of the Court’s work,” said Fannie Lafontaine, the Director of CPIJ. “In this case, it will be very important for the Court to provide clarity on its jurisdiction over cross-border crimes when a non-State party is involved.”

Members of CPIJ had submitted a request for leave on 25 May 2018 to provide these observations. The request was subsequently granted by the Court in a decision that recognized the extensive collective experience of CPIJ’s members in the field of international criminal law, human rights law, refugee law, migration and humanitarian law, as well as their previous interventions before domestic and international courts.

The Amici Curiae is signed by Fannie Lafontaine, Amanda Ghahremani, Jennifer BondRobert J. CurrieJulia GrignonMark KerstenFrançois LarocqueFrédéric MégretValerie OosterveldFrederick John PackerPascal ParadisDarryl RobinsonPenelope SimonsÉrick Sullivan, Alain-Guy Tachou Sipowo, Mirja Trilsch and Jo-Anne Wemmers.

 

For media requests, please contact:

Fannie Lafontaine
Fannie.Lafontaine@fd.ulaval.ca
1-418-656-2131 #3859
(English, French, Spanish)

 

Amanda Ghahremani
aghahremani@ccij.ca
1-514-915-0920
(English, French, Spanish)

A Canadian First: François Larocque is Awarded the Canadian Francophonie Research Chair in Language Rights

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June 2018– On 19 June 2018, the Canadian Partnership for International Justice (CPIJ) co-researcher François Larocque was awarded the Canadian Francophonie Research Chair in Language Rights at the University of Ottawa. It is “the very first time, at the national level, that a law faculty receives a research chair on the Canadian Francophonie”, Professor Larocque explains. “Up until now, no research chair on linguistic rights and cultural communities’ legal protection existed.”

This award is a well-deserved recognition of the Professor Larocque’s obvious leadership in his field. Dedicated researcher and eloquent lawyer, he has been defending Francophones’ rights for the past 10 years, and has significantly contributed to the advancement of linguistic rights of Francophones living in minority communities in Ontario and in Canada. Professor Larocque will take advantage of his new situation to advance the state of knowledge on linguistic rights and make a tangible contribution to the development of legal norms pertaining to language in Canada. He plans to focus on legal protection of linguistic minority communities and their institutions, particularly in relation to the adoption and interpretation of constitutional laws, legislative material and case-law principles. His research will primarily focus on linguistic rights of Francophones, but will also include Aboriginal languages.

Professor Larocque’s 5-year appointment will begin on July 1st, 2018.

Joanna Harrington receives annual CALT prize for contributions to teaching and research

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June 2018 – CPIJ co-researcher Joanna Harrington was awarded the 2018 Canadian Association of Law Teachers (CALT) Prize for Academic Excellence. The price is given to honour exceptional contributions to research and law teaching by a Canadian law teacher in mid-career. Recipients are chosen by a selection committee based on the quality of and innovation in teaching and learning, and the quality and impact of legal scholarship.

Harrington’s accomplished career has taken her around the world, from Australia to China and Vietnam. She has taught human rights to government officials in Suriname, and international dispute settlement to students in Shanghai. Her research activities have led to visiting appointments at the University of Oxford and the University of Texas at Austin. In addition, she is a frequent guest speaker in Canada and abroad, as well as a widely-published author, having published over 30 law review articles and book chapters. She is the co-author of a leading text used for teaching international law in Canada.

Her writing has contributed to law and policy discussions on the balance between protecting human rights and securing cross-border cooperation in the prosecution of serious crimes. Her research often involves collaboration with organizations such as the International Committee of the Red Cross and the Chatham House think tank.

More information on Prof. Harrington’s career and accomplishments is available here.

CPIJ expert meeting on the collaboration in the prosecution of international crimes: four blogposts will be published

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31 May 2018– Following the expert meeting organized by the Canadian Partnership for International Justice (CPIJ) on the collaboration between national prosecuting authorities (NPAs) and non-governmental organisations (NGOs), a series of four blogposts will be published jointly by the PKI Global Justice Journal and Quid Justitiae. The first post, titled “Defining Legal Concepts and Frameworks”, was launched today on both platforms.

The expert meeting, held at Ottawa on 15 and 16 March 2018, brought together 27 worldwide experts from States, non-governmental organizations and academic institutions, which shared their views on various issues influencing the collaboration between NPAs and NGOs. The discussions aimed at significantly improving the collaboration between NPAs and NGOs in the prosecution of international crimes such as genocide, crimes against humanity and war crimes. An important outcome of this event is a series of four blogposts authored by Joseph Rikhof, Silviana Cocan and Érick Sullivan. The first post was published today in French and Spanish in the blog Quid Justiae, and in English in the PKI Global Justice Journal. The three other blogposts will follow every Thursday until the 21stof June.

The posts can be accessed here: