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dc.contributor.authorO'Brien, Melanieen_US
dc.date.accessioned2017-04-04T22:33:10Z
dc.date.available2017-04-04T22:33:10Z
dc.date.issued2007en_US
dc.date.modified2011-08-29T05:57:31Z
dc.identifier.issn16491327en_US
dc.identifier.urihttp://hdl.handle.net/10072/40427
dc.description.abstractThis articlediscusses issues arising out of the 2006 communication concerning the situation in Iraq of the Chief Prosecutor of the International Criminal Court (ICC). These issues relate to the broad definition of war crimes, and victims' rights. In February 2006, the Chief Prosecutor of the ICC released a communication concerning the situation in Iraq, which addressed different communications the Prosecutor's Office had receive alleging the commission of crimes with the jurisdiction of the ICC. The communication addressed allegations of genocide, crimes against humanity, and various war crimes. In his communication, the Prosecutor determined there to be "a reasonable basis for an estimated 4 to 12 victims of wilful killing and a limited number of victims of inhuman treatment, totalling in all less than 20 persons", however declared the instances of these crimes to be inadmissible. The reasoning given was that the low number of victims meant that the crimes did not meet "the required [gravity] threshold of the Statute" as found in Articles 8(1) and 53 of the Rome Statute. The Prosecutor's analysis is not only unjust, but to a certain extent unreasonable. It is unjust for the victims involved, as it denies them the opportunity for the chance to hear the truth and to gain closure. In this sense the decision not to investigate goes against the grain of the support for victims' rights that has been a key aspect in the founding of the ICC. The decision is unreasonable in that it sets particularly high standards for war crimes to be held admissible before the ICC, and steers away from the broad definition of war crimes as developed through the Geneva Conventions and international humanitarian law. Most importantly, these high standards are not compatible with the concept of individual responsibility for war crimes, which is the aim of the ICC. These issues raise many questions, which this presentation broaches. The presentation puts forward some of the practical reasons behind the Prosecutor's decision, and demonstrates how the ensuing questions may create problems in the future for potential cases to be brought before the ICC.en_US
dc.description.peerreviewedYesen_US
dc.description.publicationstatusYesen_AU
dc.languageEnglishen_US
dc.language.isoen_AU
dc.publisherUniversity College Dublin, School of Lawen_US
dc.publisher.placeIrelanden_US
dc.publisher.urihttp://ucdlawreview.comen_AU
dc.relation.ispartofstudentpublicationNen_AU
dc.relation.ispartofpagefrom109en_US
dc.relation.ispartofpageto125en_US
dc.relation.ispartofissueSymposium Editionen_AU
dc.relation.ispartofjournalUniversity College Dublin Law Reviewen_US
dc.relation.ispartofvolume2007en_US
dc.rights.retentionYen_AU
dc.subject.fieldofresearchInternational Law (excl. International Trade Law)en_US
dc.subject.fieldofresearchcode180116en_US
dc.titleThe Impact of the Iraq Communication of the Prosecutor of the International Criminal Court on War Crimes Admissibility and the Interests of Victimsen_US
dc.typeJournal articleen_US
dc.type.descriptionC1 - Peer Reviewed (HERDC)en_US
dc.type.codeC - Journal Articlesen_US
gro.date.issued2007
gro.hasfulltextNo Full Text


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