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Home Posts tagged "Rule of Law"

Fiddling While Rome Burns?  The Appeals Chamber’s Curious Decision in Prosecutor v. Jean-Pierre Bemba Gombo

Published on June 12, 2018        Author: 
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On March 21, 2016, after a 4-1/2 year-long trial that heard the testimony of 77 witnesses, the introduction of 773 items of evidence, and gave rise to a transcript that was thousands of pages long, a unanimous Trial Chamber convicted Jean-Pierre Bemba Gombo of crimes against humanity and war crimes committed by his troops in the Central African Republic from 2002-2003 and sentenced him to 18 years imprisonment.  The case was the first to find a perpetrator guilty of command responsibility under article 28, and the first ICC case involving a conviction for sexual violence. The three trial judges, were unanimous in their assessment of Bemba’s culpability under the Statute, although two judges raised questions regarding the parameters of article 28.

On June 8, the Appeals Chamber reversed, 3-2, and acquitted the accused finding that Bemba’s conviction exceeded the facts and circumstances described in the charges brought against him and declined to permit a trial on the facts it found to be outside the scope of the initial Trial Chamber Judgment. Judges Monagang (Botswana) and Hofmański (Poland) would have upheld the conviction and penned a lengthy Dissenting Opinion.  Judge Eboe-Osuji (now President of the Court) would have permitted a retrial on the new charges his colleagues found to be outside the scope of the original conviction, but was apparently unable to persuade his colleagues to join him in that view. 

How did this happen? Read the rest of this entry…

 

The United Kingdom Ministerial Code and International Law: A Response to Richard Ekins and Guglielmo Verdirame

Published on December 11, 2015        Author: 
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Until very recently, little attention had been paid by academic international lawyers to the United Kingdom’s Ministerial Code (though see this discussion of the role of the Code with respect to legal advice relating to the Iraq War of 2003). The Code, is a document issued by the Cabinet Office, but effectively by the Prime Minister. It sets out the standards of conduct expected of ministers with respect to the discharge of their duties. As was recently stated in this House of Commons Briefing Paper on the Code [p.3],”It has become the convention for the Code to be released at the beginning of a new administration and at a new Parliament.” Paragraph 1.2 of the 2010 version of the Code (as well as some earlier versions) stated that the Code was to be read against “the background of overarching duty on Ministers to comply with the law including international law and treaty obligations . . .” However, in October 2015, Paragraph 1.2 was changed to state that: “The Ministerial Code should be read against the background of the overarching duty on Ministers to comply with the law . . .” without any reference to international law or treaty obligations. Much has been written in the British media and in legal blogs about this change (see here for posts on the UK Constitutional Law blog and here, here and here for pieces in the Guardian and on the BBC).

This post responds to just one of the pieces that have been written in support of the change. We argue that the position set out in the piece by our colleagues, Richard Ekins and Guglielmo Verdirame (and in a twin piece by the same authors) misconceives the role of the reference to international law in the previous version of the Ministerial Code; misunderstands the relevance of international law to the rule of law; and goes too far in drawing a distinction between the binding force of international law on the state and on state officials. Read the rest of this entry…