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Robinson

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.

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.

Members of the Partnership will intervene as Amici Curiæ before the International Criminal Court in the Al Bashir case

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May 21, 2018 – A group of experts including members of the Canadian Partnership for International Justice were granted leave to submit observations on complicated and controversial questions about the immunity of a head of state.

The group of experts, composed of Darryl Robinson (Queen’s University), Fannie Lafontaine (Laval University), Valerie Oosterveld (Western University), Margaret M. deGuzman (Temple University), Robert Cryer (Birmingham Law School), and Carsten Stahn (Leiden University), have been invited to submit an Amici Curiae to the Court before June 18, 2018. Mark Kersten (Munk School of Global Affairs) and Sergey Vasiliev (Leiden University) were also consulted in the preparation of the request.

The issues arise in a case against President Omar Al-Bashir of Sudan, accused of genocide and other crimes committed in Darfur. The UN Security Council referred the situation to the International Criminal Court, and ordered Sudan to ‘cooperate fully’ with the Court.  Some states, including Jordan, have failed to arrest Omar Al-Bashir.  The Hashemite Kingdom of Jordan appealled against the decision of Pre-Trial Chamber II on non-compliance with the Court’s request for arrest and surrender of Omar Al-Bashir.  The case concerns the power of the UN Security Council to set aside immunities in the pursuit of justice.

The request for leave and the decision on its acceptance are available online.