Justice:

 
International Criminal Justice
There are two popular approaches in justice: One criminal justice and other transitional justice. International Criminal Court (ICC) represents retributive justice and restorative  justice is represented by mechanisms like truth commissions etc.
 
International Criminal Court

International Criminal Court is a permanent, treaty based, court designed to prosecute individuals for genocide, crimes against humanity and war crimes. The fourth crime which may fall under jurisdiction of the Court is the crime of aggression, once its definition has been adopted. International Criminal Court (ICC) established and governed by the Rome Statute entered into force on 1 July 2002 when 120 States adopted the statute, the legal basis for the establishing the permanent International Criminal Court.
The purpose of the court is to help end impunity for the perpetrators of the most serious crimes of concern to the international community. To date, 114 countries have become the parties to the Rome Statute.
The ICC receives case referred by the state party, or by the UN Security Council, or in case of a proprio motu investigation, initiated by the Prosecutor. The Court can intervene in the state affairs and prosecute individuals when it is believed that the perpetrators of above mentioned crimes are going unpunished. Unlike ad hoc tribunals, it is a permanent and independent body, not the part of the United Nation.
International Criminal Court is a permanent, treaty based, court designed to prosecute individuals for genocide, crimes against humanity and war crimes. The fourth crime which may fall under jurisdiction of the Court is the crime of aggression, once its definition has been adopted. International Criminal Court (ICC) established and governed by the Rome Statute entered into force on 1 July 2002 when 120 States adopted the statute, the legal basis for the establishing the permanent International Criminal Court.
The purpose of the court is to help end impunity for the perpetrators of the most serious crimes of concern to the international community. To date, 114 countries have become the parties to the Rome Statute.
The ICC receives case referred by the state party, or by the UN Security Council, or in case of a proprio motu investigation, initiated by the Prosecutor. The Court can intervene in the state affairs and prosecute individuals when it is believed that the perpetrators of above mentioned crimes are going unpunished. Unlike ad hoc tribunals, it is a permanent and independent body, not the part of the United Nation.

Situations in the Court
1. Democratic Republic Of Congo (DRC) was referred on 19 April 2004
2. Central African Republic (CAR)referred on 7 January  and investigation started on 22 May 2007
3. Uganda referred in 29 January 2004 and decision to start investigation was made on 29 July 2004.
4. Darfur, Sudan was referred by the United Nation  Security Council in 29 March 2005 and decision to open investigation was made in 06 June 2005. In
this situation, the Court has indicted sitting Sudan president, Omar Ahmed Al Bashir and other his colleague.

RELATIONSHIP AGREEMENT BETWEEN THE ICC AND THE UNITED NATIONS
(By www.iccnow.com)

What is the Relationship Agreement?

The Relationship Agreement between the International Criminal Court (ICC) and the United Nations (UN) regulates the working relationship between these two organizations, and establishes the legal foundation for cooperation within their respective mandates. The ICC is an independent international institution with a mandate – in support of the UN Charter – to address crimes that threaten international peace and security. The Relationship Agreement therefore reflects a delicate balance between independence and cooperation, respecting the autonomy and confidentiality of both institutions.

What Does the Relationship Agreement Address?

Under the Relationship Agreement, the ICC and the UN recognize each other’s mandates and status, and agree to cooperate and consult with each other on matters of mutual interest. The Relationship Agreement covers following two key categories of procedures.
First, it addresses procedures that are relatively standard and include the exchange of representatives, the exchange of information and documentation, administrative cooperation, the provision of conference services and facilities and the use of the UN laissez passer as a valid travel document by some ICC officials.
Second, the Relationship Agreement covers procedures unique to the Court as an independent judicial institution focusing on international criminal law. These reflect the special nature of the cooperation that will take place between elements of the UN system and the ICC. In particular, the Relationship Agreement provides information on the manner in which Security Council referrals and requests for deferral are transmitted to the Court and the manner in which the ICC may inform the Security Council of a failure to cooperate with its requests. It also provides a framework for cooperation between the UN and the ICC Prosecutor and the necessary agreements to facilitate such cooperation. In addition, it also addresses issues of privileges and immunities and protection of confidentiality. The Relationship Agreement will only cover certain aspects of the overall relationship between the ICC and the UN. Other aspects of that relationship, such as the role of the Security Council vis-à-vis the ICC, are explicitly dealt with in other articles of the Rome Statute.

When Did the Relationship Agreement Enter Into Force?
The Relationship Agreement entered into force on 4 October 2004, following its signing by ICC President Judge Philippe Kirsch and the UN Secretary-General Kofi Annan. The draft Relationship Agreement was adopted by the Assembly of States Parties to the Rome Statute of the ICC during its first session in September 2002. The draft served as a basis for negotiations between the UN Secretariat and the ICC, after the General Assembly had adopted a resolution on the ICC in December 2003 inviting the UN Secretary-General to “take steps to conclude a relationship agreement between the United Nations and the International Criminal Court and to present the negotiated draft agreement to the General Assembly for approval.”2 The UN and the ICC agreed upon and initialed a final draft of the Relationship Agreement on 7 June 2004. The Agreement was then approved by the ICC Assembly of States Parties in The Hague, The Netherlands on 7 September 2004 and by the UN General Assembly at the close of its 58th session, on 13 September 2004.

Why is the Relationship Agreement so Important?

The global presence and infrastructure of the UN make it potentially the most important partner of the ICC on various levels. Even the administrative issues covered by the Relationship Agreement have implications for the substance of the work of the ICC. One of the most important aspects of the Agreement is the cooperation between the UN and its programs, funds and offices, and the ICC. In particular, representatives of agencies, ranging from the UN High Commissioner for Refugees and the High Commissioner for Human Rights to the UN International Children’s Fund and the UN Development Program, conduct extensive field operations, which may lead them to possess information which would make them valuable as experts or witnesses at the ICC. The same holds true for representatives of peacekeeping operations, as well as the peacekeepers themselves. The Relationship Agreement establishes some principles governing these interactions

Restorative Justice

A truth commission or truth and reconciliation commission is a commission tasked with discovering and revealing past wrongdoing by a government (or, depending on the circumstances, non-state actors also), in the hope of resolving conflict left over from the past. They are, under various names, occasionally set up by states emerging from periods of internal unrest, civil war, or dictatorship. South Africa's Truth and Reconciliation Commission, established by President Nelson Mandela after apartheid, is popularly considered a model of truth commissions.
Priscilla Hayner defines Truth Commission as bodies set up to investigate a past history of violations of human rights in a particular country-which can include violations by the military or other government forces or state actors or armed opposition forces (Hayner 1994:558).

Truth Commissions

  • Investigate past human rights violations/abuses
  • Do not focus on on-going abuses like human rights Ombudsman might.
  • Examines a pattern of human rights abuses over time rather than a specific event
  • Are temporary bodies
  • Are official bodies formed, sanctioned, authorized or empowered by the state.
 
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