10 Apr 2009


The Altantuya Murder

Ini hok kawae baca dalam perbincangan tentang kematian Altantuya, dalam Malaysia Today di bawah tajuk THE ALTANTUYA MURDER: SNIPPETS FROM THE TIMES OF UK. Kawae rasa menarik untuk pakat-pakat tahu tentang perkara ini.

It is time to rally the mongolian gov and Setev Sharriibuu to file this case in ICC, it is crime against humanity!

Guys, ICJ have no jurisdiction to receive this, International Court of Justice only hear cases of dispute between nations like the pulau batu putih case, for crime against humanity, this case should go to International Criminal Court http://www.icc-cpi.int/menus/icc/home as I have posted in the other news, anyway i just want to share the information i got

Source : http://www.rnw.nl/internationa...-icc-qanda

What is the ICC?

The ICC is the world's first permanent, international tribunal that will try individuals responsible for the most serious international crimes and provide redress to victims when states are unable or unwilling to do so. It was created when the Rome Statute of the International Criminal Court ("Rome Statute") was adopted on 17 July 1998 at a diplomatic conference in Rome. The court opened its doors on 1 July 2002. The ICC has 108 members states.

What crimes does the ICC prosecute?

The ICC prosecutes individuals accused of genocide, war crimes, and crimes against humanity, all defined in the Rome Statute. The Court will also have jurisdiction over the crime of aggression once a definition has been adopted by the Assembly of States Parties.

Is the Court able to prosecute individuals for crimes committed before the Court's establishment?

No. The Court has jurisdiction only over crimes committed after July 1, 2002, when the Rome Statute entered into force.

Who can be brought to trial before the ICC?

The Court does not have universal jurisdiction. The Court exercises jurisdiction over serious international crimes only if they were committed on the territory of a state party or by one of its nationals. These conditions however do not apply if a situation is referred to the Prosecutor by the United Nations Security Council, whose resolutions are binding on all UN member states, or if a State makes a declaration accepting the jurisdiction of the Court.

When can the Court prosecute an individual suspected of committing grave crimes under international law?

The Court may investigate and prosecute an individual when:

(a) the accused is a citizen of an ICC member state;
(b) the alleged crime took place on the territory of an ICC member state;
(c) the UN Security Council asks the ICC to open an investigation; or
(d) a country voluntarily accepts ICC jurisdiction.

Do people enjoy immunity from the court?

No. Everyone can be prosecuted: head of states, members of government or parliament or elected representatives or public officials. Superiors or military commanders may be held responsible for criminal offences committed by persons under their command or control.

The ICC cannot prosecute persons who were under the age of 18 at the time a crime was allegedly committed.

When will the ICC investigate and prosecute crimes?

The ICC is a court of last resort. It will only prosecute war crimes suspects when states are not able or are not willing to prosecute the most serious international crimes, Bona fide efforts to discover the truth and to hold accountable those responsible for any acts of genocide, crimes against humanity, or war crimes will bar the ICC from proceeding.

Who can bring cases to the ICC?

The Prosecutor can start an investigation or prosecution in three different ways:

i. States Parties to the ICC can refer situations to the Prosecutor;
ii. The United Nations Security Council can request the Prosecutor to launch an investigation;
iii. The Prosecutor may start investigations when he receives reliable complaints by anyone. However, in this case, the Prosecutor must seek authorisation from three independent judges.

Crime against humanity:

Source : http://en.wikipedia.org/wiki/C...t_humanity

In 2002, the International Criminal Court (ICC) was established in The Hague (Netherlands) and the Rome Statute provides for the ICC to have jurisdiction over genocide, crimes against humanity and war crimes. The definition of what is a "crime against humanity" for ICC proceedings has significantly broadened from its original legal definition or that used by the UN,[13] and Article 7 of the treaty stated that:

For the purpose of this Statute, "crime against humanity" means any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack[14]:

(a) Murder;
(b) Extermination;
(c) Enslavement;
(d) Deportation or forcible transfer of population;
(e) Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law;
(f) Torture;
(g) Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity;
(h) Persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender as defined in paragraph 3, or other grounds that are universally recognized as impermissible under international law, in connection with any act referred to in this paragraph or any crime within the jurisdiction of the Court;
(i) Enforced disappearance of persons;
(j) The crime of apartheid;
(k) Other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health.

Sumber : http://mt.m2day.org/2008/content/view/20406/84/ ,
written by bknight, April 09, 2009 20:16:55

Malas dan tak berapo pandai nok translate.

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