Tag

Amicus

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.

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)

Members of the Partnership will intervene as Amici Curiae before the International Criminal Court concerning the Rohingya situation

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May 31, 2018– Members of the Canadian Partnership for International Justice (CPIJ) were granted leave by Pre-Trial Chamber I of the International Criminal Court (ICC) to submit observations as Amici Curiae on important legal issues with respect to the situation of the Rohingyas in Myanmar and Bangladesh.

Context

On 9 April 2018, the ICC Prosecutor submitted a request for a ruling under Article 19(3) on whether the Court may exercise jurisdiction over the alleged deportation of the Rohingya people from Myanmar to Bangladesh. The complexity of the jurisdictional issues arise from the fact that the Rohingya are being deported from the territory of a State which is not a party to the ICC Statute (Myanmar) directly into the territory of a State which is a party to the Statute (Bangladesh). Given that it is the first time that the Prosecutor submits such a request based on Article 19(3), Pre-Trial Chamber I will be considering a number of novel and important legal issues.

Members of CPIJ submitted a request for leave to intervene as Amici Curiae on 25 May 2018. The Chamber granted leave on 29 May 2018 pursuant to Rule 103 of the ICC Rules of Procedure and Evidence. In the decision, the Chamber recognised CPIJ and its members’ extensive experience in the field of international criminal law, human rights law, refugee law, migration and humanitarian law, as well as in intervening as Amici Curiae before both domestic and international courts. It took the view that the proposed submissions are “desirable for the proper determination of the Prosecutor’s Request”.

Issues at stake

The Partnership’s members acting as Amici Curiae will support the Prosecution’s position with complementary legal observations and will assist the Chamber in the determination of issues that have never been fully litigated before the ICC. In particular, the members of CPIJ will address the three following issues:

  1. Whether Article 19(3) of the Rome Statute allows the Office of the Prosecutor to request a ruling on jurisdiction;
  2. The scope of territorial jurisdiction under Article 12(2); and
  3. The nature and definition of the crime of deportation under Article 7(1)(d).

The Amici Curiae observations will be submitted before 18 June 2018 by 17 members of the Partnership, namely: Jennifer Bond, Robert J. Currie, Amanda Ghahremani, Julia Grignon, Mark Kersten, Fannie Lafontaine, François Larocque, Frédéric Mégret, Valerie Oosterveld, Frederick John Packer, Pascal Paradis, Darryl Robinson, Penelope Simons, Érick Sullivan, Alain-Guy Tachou Sipowo, Mirja Trilsch and Jo-Anne Wemmers.