UN Rule of Law website. Legal Research Guide. Repertory of Practice of United Nations Organs. AudioVisual Library of International Law. Learn more. On 3 February , Mr. The celebration of the 30th Anniversary of the Convention on the Rights of the Child presents an opportunity to reflect on the progress made by the international community regarding the rights of the child since its adoption, in , as well as the challenges that remain in achieving its full implementation.
At the invitation of the American Society of International Law, the Legal Counsel participated in discussions with students, international law practitioners and academics at Brooklyn Law School on 8 November United Nations Legal Counsel, Mr. At the invitation Mr. Miguel de Serpa Soares, visited Kingston, Jamaica. The main purpose of Mr. Serpa Soares's visit to Kingston was to participate in the events commemorating the 25th anniversary of the entry into force of the United Nations Convention on the Law of the Sea and the establishment of the International Seabed Authority, alongside Heads of State and Government, ministers, Learn more.
Miguel de Serpa Soares, made a statement by video conference at the rd meeting of the International Law Commission, held on 4 June , in which he provided information on the activities of the Office of Legal Affairs as well as regarding recent developments in international law, in the context of the United Nations.
An exchange of views followed Learn more. Miguel de Serpa Soares, introduces and moderates a panel discussion on the Extraordinary Chambers in the Courts of Cambodia on 31 May Miguel de Serpa Soares, participated as keynote speaker at an event celebrating the fiftieth anniversary of The Vienna Convention on the Law of Treaties, co-organized by the Permanent Missions of Canada and Colombia to the United Nations.
Having reached this determination and implemented these measures, some of which were delayed by the onset of the global pandemic, on 12 April , I notified the Presidency of my intention to file a request pursuant to article 15 of the Statute, which I proceeded to file on 24 May Today, I have filed a public redacted version of the request, in the interests of transparency and also to provide notice to the victims as foreseen in rule 50 1 of the Rules of Procedure and Evidence of the Court.
Although the withdrawal of the Philippines from the Rome Statute of the ICC took effect on 17 March , as the Court has previously found in the context of the Burundi situation, the Court retains jurisdiction over crimes that are alleged to have occurred on the territory of that State during the period when it was a State Party to the Rome Statute.
Moreover, these crimes are not subject to any statute of limitation. My term as Prosecutor will end shortly. Let every American, every lover of liberty, every well wisher to his posterity, swear by the blood of the Revolution, never to violate in the least particular, he laws of the country; and never to tolerate their violation by others. The legal framework of Rome Statute is based on respect for individual rights and freedoms and included mechanisms to ensure impartial justice.
Rome Statute. On 17 July , a conference of States established the first treaty-based permanent international criminal court. The treaty adopted during that conference is known as the Rome Statute of the International Criminal Court. Among other things, it sets out the crimes falling within the jurisdiction of the ICC, the rules of procedure and the mechanisms for States to cooperate with the ICC.
There is consensus that an Article 13 b referral can lead to the exercise of jurisdiction by the icc over crimes committed by individuals that are not nationals of a State party to the Statute and in territories that are not of a State party to the Statute.
If there were no Article 13 b referrals, the icc would not be entitled to exercise jurisdiction over such situations unless the crimes were either committed in the territory of a State party or by a national of a State party. However, the crux of our concept is not simply the exercise of jurisdiction over nationals and territories of a State neither party to the Statute nor consenting to the jurisdiction. The crux of our concept is the exercise of prescriptive and adjudicative criminal jurisdictions over a situation without being based on the nationality and territoriality principle.
The next chapter will identify the following two conceptions of this concept: 1 universal jurisdiction arising from the nature of the crimes; and, 2 jurisdiction based on the powers of the SC under Chapter vii of the UN Charter.
It will be demonstrated that both of these conceptions capture the diverging views of the icc Judges, the Office of the Prosecutor, States and scholars.
Secondly, it is believed that a comparative conflict of norms approach is a useful tool for this study. That is, situations where norms of its Statute are alleged to constitute, in and of themselves, breaches of other norms. This definition of norm conflict includes not only scenarios of incompatibility between two norms but also contradictions between permissions and obligations. If the two norms accumulate, they do not conflict. Are immunities of State officials relevant when the icc exercises jurisdiction over the Head of State of a State neither party to the Rome Statute nor consenting to the icc jurisdiction?
The Convention should so far as possible be interpreted in harmony with other rules of international law of which it forms part, including those relating to the grant of State immunity.
However, we should note that there is a limit to harmonious interpretations especially where a treaty exposes clearly formulated rights or obligations that lead unequivocally to a breach of another norm. A genuine conflict can be resolved by establishing definite relationship of priority between concurring norms.
Conflict resolution necessitates that one conflicting norm prevails or has priority over another. Now, in order to justify a particular choice of the applicable norm and a particular conclusion legal reasoning has recourse to conflict resolution maxims such as the lex specialis , lex posterior, lex prior and lex superior. It will show which conception is able to coherently deal with with other norms of public international law, including the law of treaties, the law of immunities and specialized fields such as international human rights law.
One should, however, always bear in mind that there are limits to legal reasoning. Moreover, it will be shown that the Court itself seems to have adopted this particular approach. The ultimate goals of this book are to examine what an Article 13 b referral is, what the legal effects of an Article 13 b referral are and finally what an Article 13 b referral should be. This is the main reason why the concept-conception distinction is adopted.
These three legal barriers are 1 the sovereignty of States not party to the Rome Statute; 2 the principle of legality, and; 3 the immunity of State officials. Chapter 1 will provide the theoretical background to this study. It will show that there has been attempt on the part of the Rome Statute drafters to prescribe crimes for others and entitle the icc to adjudicate these crimes wherever they are committed.
Chapter 4 will address the immunity of State officials. It will show that the status under customary international law of the Statute provisions on this issue is highly contested. Finally, Chapter 5 will ask: what if Article 13 b did not exist? The Conclusion will summarize and offer some general remarks on the findings made throughout this book. Rome Statute, Art. Such a provision shall be consistent with the relevant provisions of the Charter of the United Nations.
Prosecutor v. Tadic, Case No. The United States and China are among the seven States that voted against the adoption of the Statute. Considering that they are Permanent members of the Security Council with a veto power it was deemed improbable that the SC would refer a situation to the icc.
Attorney-General of the Government of Israel v. Regina v. The ilc concluded in its Draft Code of Crimes Against the Peace and Security of Mankind that genocide, crimes against humanity and war crimes attract universal jurisdiction; See also Tadic Interlocutory Appeal Decision, par.
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