8

résultat(s)

Mot(s)
Type de publication
Domaine politique
Auteur
Date

Universal jurisdiction and international crimes: Constraints and best practices

17-09-2018

This report summarises the proceedings of a workshop organised by the European Parliament’s Subcommittee on Human Rights (DROI), in association with the Committee on Legal Affairs (JURI) and the Committee on Civil Liberties, Justice and Home Affairs (LIBE). Academics and practitioners discussed international trends as regards the concept of universal jurisdiction and the EU’s approach to promoting universal jurisdiction through its external relations, as well as practical experience in applying universal ...

This report summarises the proceedings of a workshop organised by the European Parliament’s Subcommittee on Human Rights (DROI), in association with the Committee on Legal Affairs (JURI) and the Committee on Civil Liberties, Justice and Home Affairs (LIBE). Academics and practitioners discussed international trends as regards the concept of universal jurisdiction and the EU’s approach to promoting universal jurisdiction through its external relations, as well as practical experience in applying universal jurisdiction in the fight against impunity in Europe. The experts agreed that universal jurisdiction can play a role as part of a wider accountability strategy, complementary to international courts and prosecutions on other jurisdictional bases. They recommended more specialised training for investigators, prosecutors, judges and law enforcement staff for universal jurisdiction cases and more cooperation at EU and international level. Speakers supported the initiative for a multilateral treaty on mutual legal assistance and extradition. Special attention in universal jurisdiction cases must be given to victims seeking justice, including for sexual and gender-based crimes.

Auteur externe

Julia KREBS, Cedric RYNGAERT, Florian JEßBERGER

International Criminal Court: Achievements and challenges 20 years after the adoption of the Rome Statute

13-07-2018

Adopted on 17 July 1998, the Statute of Rome is the founding treaty of the International Criminal Court, which was set up to deal with the most serious crimes of international concern, namely genocide, crimes against humanity and war crimes. Its establishment has inspired much hope that the most horrendous crimes will no longer go unpunished and that its deterrent effect will significantly reduce their occurrence. The EU has been a strong supporter of the ICC system from the outset. Since it began ...

Adopted on 17 July 1998, the Statute of Rome is the founding treaty of the International Criminal Court, which was set up to deal with the most serious crimes of international concern, namely genocide, crimes against humanity and war crimes. Its establishment has inspired much hope that the most horrendous crimes will no longer go unpunished and that its deterrent effect will significantly reduce their occurrence. The EU has been a strong supporter of the ICC system from the outset. Since it began operating in 2003, the Court has conducted investigations and trials in connection with some of the world's most brutal conflicts and has not shied away from investigating individuals at the highest level of power, such as presidents in office. It has developed extensive tools to protect its most important asset – the witnesses, who in many cases have faced intimidation, violence and even death. However the Court has also encountered difficulties and inherent limitations. The atrocities committed by groups such as ISIL/Da'esh have been out of reach for the Court's jurisdiction, which is limited to states parties' territories and their nationals, unless the Security Council specifically asks it to investigate. The refusal by some major powers such as the US, China and Russia to join, the lack of cooperation by some states parties such as South Africa, as well as recent defections or the threat thereof have also put strains on its global authority. The Court's effectiveness cannot be judged solely on the convictions it passes. The ICC is a court of last resort, and its impact on national judicial systems has also been significant. The Rome Statute itself has evolved. At the end of last year, the jurisdiction of the Court was extended to cover the crime of international aggression and new war crimes taking into account the latest technological developments. This briefing updates a previous briefing on the International Criminal Court, from May 2017.

International Criminal Court at 15: International justice and the crisis of multilateralism

10-05-2017

The establishment of the International Criminal Court (ICC) on 1 July 2002 was heralded at the time as a major breakthrough for ending impunity for most serious crimes of international concern, namely genocide, crimes against humanity and war crimes. Fifteen years later, the record of the Court is mixed and criticism from both supporters and opponents has abounded. The challenges and the criticism it is currently facing are typical of many other multilateral institutions today. The Court has conducted ...

The establishment of the International Criminal Court (ICC) on 1 July 2002 was heralded at the time as a major breakthrough for ending impunity for most serious crimes of international concern, namely genocide, crimes against humanity and war crimes. Fifteen years later, the record of the Court is mixed and criticism from both supporters and opponents has abounded. The challenges and the criticism it is currently facing are typical of many other multilateral institutions today. The Court has conducted investigations and trials on some of the world's most brutal conflicts, but it has faced criticism that it was politicised and biased against the African continent. The atrocities committed by groups such as ISIL/Da'esh have unveiled the ICC's limitations, since it is unable to investigate in Syria and Iraq, which are not parties to the Rome Statute, without UN Security Council authorisation. As a multilateral institution with universal ambitions, the Court is also limited in its effectiveness by the refusal of major powers such as the US, China and Russia to join it. Lack of cooperation by some states parties has also severely constrained its effectiveness. Yet the Court has had positive effects on the capacity of some states to deal themselves with crimes under their jurisdiction. The Court has taken its role seriously, not shying away from indicting persons of the highest rank, such as heads of state, and proving that it is committed to the principle of universal responsibility. Shortcomings in the prosecutorial investigations, for example in relation to witness interference and protection, have been addressed in a transparent and firm way.

Annual report on human rights and democracy in the world in 2015

07-12-2016

Just a few days after the UN's Human Rights Day, marked annually on 10 December, the European Parliament (EP) will debate its annual resolution on human rights and democracy at the December 2016 plenary session. Addressing the numerous pressures on human rights encountered in 2015, in its report, Parliament's Committee on Foreign Affairs (AFET) calls on all the EU institutions and the Member States to place human rights at the centre of EU relations with all third countries. It calls upon the Member ...

Just a few days after the UN's Human Rights Day, marked annually on 10 December, the European Parliament (EP) will debate its annual resolution on human rights and democracy at the December 2016 plenary session. Addressing the numerous pressures on human rights encountered in 2015, in its report, Parliament's Committee on Foreign Affairs (AFET) calls on all the EU institutions and the Member States to place human rights at the centre of EU relations with all third countries. It calls upon the Member States to lead by example, by speaking with one voice in support of the indivisibility, interdependence, interrelation and universality of human rights and, in particular, by ratifying all UN international human rights instruments.

A Comparative Study of EU and US Approaches to Human Rights in External Relations

10-11-2014

Both the European Union (EU) and the United States (US) emphasise the centrality of human rights in their domestic and external policies. Despite their common attachment to human rights and a potential affinity of seemingly common transatlantic approaches to human rights issues in external policies, the EU and the US have diverged considerably in their respective promotion of human rights abroad. Drawing on the historical and legal underpinnings of human rights promotion in the EU and the US, the ...

Both the European Union (EU) and the United States (US) emphasise the centrality of human rights in their domestic and external policies. Despite their common attachment to human rights and a potential affinity of seemingly common transatlantic approaches to human rights issues in external policies, the EU and the US have diverged considerably in their respective promotion of human rights abroad. Drawing on the historical and legal underpinnings of human rights promotion in the EU and the US, the purpose of the present study is to provide a comparative analysis of how human rights are integrated and mainstreamed into their respective external policies, thereby using case studies such as EU Special Representatives/US Special Envoys, Democracy Promotion, the Human Rights Council and the International Criminal Court to contextualise the argument. To this end, the study outlines the intricacies behind the institutional set-up of EU and US external action, and delves into the specificities of human rights-related policy-making in the realm of traditional foreign policy, international trade and international development. The study concludes with the formulation of recommendations for the further integration of human rights in EU external policies, as well as to the future collaboration between the EU and the US on human rights.

Auteur externe

Jan WOUTERS, Laura BEKE, Anna-Luise CHANÉ, David D’HOLLANDER and Kolja RAUBE (University of Leuven, Belgium)

Mainstreaming Support for the ICC in the EU's Policies

24-03-2014

The European Union and its Member States have been the staunchest supporters of the ICC system of international criminal justice in the last two decades. That system is now at a critical juncture. With a view to the future, it is necessary to examine how the ICC can overcome the current challenges and build upon its successes to date. And more specifically, how the EU and its Member States can, and should, help the ICC in this respect. By critically assessing the EU’s performance to date in mainstreaming ...

The European Union and its Member States have been the staunchest supporters of the ICC system of international criminal justice in the last two decades. That system is now at a critical juncture. With a view to the future, it is necessary to examine how the ICC can overcome the current challenges and build upon its successes to date. And more specifically, how the EU and its Member States can, and should, help the ICC in this respect. By critically assessing the EU’s performance to date in mainstreaming support for the ICC throughout its policies and activities, this study addresses these questions.

Auteur externe

Olympia BEKOU (University of Nottingham, the UK) with the assistance of: Hemi MISTRY (University of Nottingham, the UK)

An Adequate and Balanced Response to the Nairobi Mall Terrorist Attack

25-09-2013

The EU has already offered Kenya its full support to respond to the terrorist attack in Nairobi and to promote stability in the region. The Westgate mall, claimed by the al-Qaeda-linked Somali terrorist group al-Shabaab, has left 67 people dead. Al-Shabaab has said it targeted the shopping centre — a symbol of Kenya's economic emergence — in retaliation for the country's involvement in Somalia. Kenya has been involved in Somalia since October 2011 and is part of the African Union Mission in Somalia ...

The EU has already offered Kenya its full support to respond to the terrorist attack in Nairobi and to promote stability in the region. The Westgate mall, claimed by the al-Qaeda-linked Somali terrorist group al-Shabaab, has left 67 people dead. Al-Shabaab has said it targeted the shopping centre — a symbol of Kenya's economic emergence — in retaliation for the country's involvement in Somalia. Kenya has been involved in Somalia since October 2011 and is part of the African Union Mission in Somalia (AMISOM). The EU has contributed EUR 440 million to AMISOM since 2007 and is engaged in three different Common Security and Defence Policy missions in the region. At the 'New Deal for Somalia' conference organised on 16 September in Brussels, EUR 1.8 billion were pledged for the country's reconstruction. Although al-Shabaab has lost control of numerous territories in Somalia, its destructive capabilities persist. The Westgate mall attack clearly highlights the complex political and security links between Kenya and Somalia. Al-Shabaab also attacked Uganda in 2010 for its involvement in Somalia and since 2011 has carried out a series of gun and grenades attacks inside Kenya. These have led to a growing mistrust of the Somali community. The Kenyan police has also indiscriminately targeted and abused Somalis. Despite diplomatic tensions, the EU should be ready to support Kenya respond to the attack, whilst bearing in mind some of the potential pitfalls. It is important to prevent the Somali community from becoming a scapegoat for the attack. The initial reactions from Kenyan society and authorities strike a positive note. The EU should contribute to strengthening Kenya's security forces, but this should be linked to deeper reforms that increase their transparency and accountability. The EU should see that, to avoid a potential backlash, any Kenyan response towards the Somali conflict is supported by the Somali federal government and regional organisations.

EU-Iraq Partnership and Cooperation Agreement

10-01-2013

The EU-Iraq Partnership and Cooperation Agreement (PCA), signed on 11 May 2012, has been termed "historic", as it marks the first ever contractual relationship between the EU and Iraq. As of August 2012, parts of the PCA have been provisionally applied pending ratification of the agreement as a whole.

The EU-Iraq Partnership and Cooperation Agreement (PCA), signed on 11 May 2012, has been termed "historic", as it marks the first ever contractual relationship between the EU and Iraq. As of August 2012, parts of the PCA have been provisionally applied pending ratification of the agreement as a whole.

Evénements à venir

10-12-2019
EU institutional dynamics: Ten years after the Lisbon Treaty
Autre événement -
EPRS
11-12-2019
Take-aways from 2019 and outlook for 2020: What Think Tanks are Thinking
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