The Full Picture: Preliminary Examinations at the International Criminal Court

The International Criminal Court’s (ICC) Office of the Prosecutor (OTP) has described the preliminary examination as one of its “three core activities,” alongside investigating and prosecuting crimes under the Rome Statute of the International Criminal Court (Rome Statute). Honing in on this once-mysterious “core activity,” this article contributes to the recently expanding literature on preliminary examinations at the ICC by providing a much needed comprehensive picture of all preliminary examinations conducted to date. The twentieth anniversary of the court’s founding treaty, the Rome Statute, provides a timely opportunity for this review as part of the broader effort to take stock of the ICC’s achievements, failures, and future. The article demonstrates that, despite not having full investigatory powers at the preliminary examination stage, the OTP is very active during this phase. It interacts with a wide range of domestic and international actors and makes decisions on important legal issues that go to the heart of the ICC’s work. Paying close attention to preliminary examinations is therefore critical to understanding the OTP’s work, to understanding which actors engage with, and seek to “use,” the ICC, and to understanding important debates about the ICC’s legitimacy. Le Bureau du Procureur de la Cour pénale internationale (CPI) décrit l’examen préliminaire comme l’une de ses “trois activités principales,” parallèlement à l’enquête et à la poursuite des crimes en vertu du Statut de Rome de la Cour pénale internationale (Statut de Rome). Visant cette “activité principale,” jadis mystérieuse, cet article contribue à la littérature croissante sur les examens préliminaires à la CPI en fournissant une image complète, bien nécessaire, de tous les examens préliminaires menés à ce jour. Le vingtième anniversaire du traité fondateur de la CPI, le Statut de Rome, constitue une occasion opportune pour dresser ce bilan dans le cadre d’un effort plus vaste visant à faire le point sur les réalisations, les échecs et l’avenir de la CPI. L’article démontre que, même s’il ne dispose pas de pouvoirs d’enquête complets au stade de l’examen préliminaire, le Bureau du Procureur est très actif au cours de cette phase. Il interagit avec un large éventail d’acteurs nationaux et internationaux et prend des décisions sur des questions juridiques importantes qui sont au cœur des travaux de la CPI. Il est donc essentiel d’accorder une attention particulière aux examens préliminaires pour comprendre le travail du Bureau du Procureur, les acteurs qui s’engagent auprès de la Cour et cherchent à l’ “utiliser,” ainsi que des débats importants sur la légitimité de la CPI

Lifting the Curtain: Opening a Preliminary Examination at the International Criminal Court

In the emerging literature on preliminary examinations, most scholars have focussed on issues that arise after a preliminary examination has been opened. Yet, there has been little analysis of the International Criminal Court (ICC) Prosecutor’s decision to open a preliminary examination in the first place. Taking this gap in the literature as our starting point, and flagging an emerging debate in the ICC as to whether the ICC Statute envisages a ‘pre-preliminary examination’ stage at all, this article examines the law and policy which governs the opening of an ICC preliminary examination and makes the case for further critical discussion about how actions by the Prosecutor and the Court at this early stage of proceedings might affect perceptions of the legitimacy of the ICC. We argue that the Prosecutor’s power to open a preliminary examination can involve complex legal questions, have significant political consequences, and affect how independent the Court is, and is seen to be. As an initial contribution to what we hope will be a broader conversation on this topic, we suggest that greater transparency about the Prosecutor’s decision-making at the ‘pre-preliminary examination’ stage, and greater consistency in the Office of the Prosecutor (OTP)’s treatment of different situations, would enhance the legitimacy of the Court, so long as the OTP continues to protect the safety and security of those who send information on alleged crimes

Prosecuting sexual and gender violence crimes in the International Criminal Court: Historical legacies and new opportunities

The Rome Statute of the International Criminal Court (ICC) entered into force on 1 July 2002. The Statute enumerates a broader range of sexual and violence crimes than any previous instrument of international criminal law. Feminist activists involved in the negotiations for Rome Statute hoped that the inclusion of these crimes in the ICC's "formal rules" would ensure that, unlike in previous international tribunals, sexual and gender violence crimes would not go unpunished in the ICC. Against that backdrop, this thesis analyses the ICC's emerging practice on prosecution sexual and gender violence crimes. It asks: Have these crimes been prosecuted effectively in cases before the Court? Whose experiences of sexual and gender violence has the ICC Prosecutor focused on? And how have sexual and gender violence crimes been understood? Guided by these research questions, the thesis presents a detailed study of all twenty cases that came before the ICC between 1 July 2002 and 31 December 2014. This study is based primarily on original empirical research, namely an examination of court records, and interviews with informants in the Office of the Prosecutor and relevant NGOs. The study shows that the ICC Office of the Prosecutor's approach to prosecuting sexual and gender violence crimes has evolved over time. Sexual and gender violence crimes have comprised an increasing proportion of all charges before the Court, and the Office of the Prosecutor has become increasingly effective at analysing and prosecuting these crimes. However, attitudes and practices that hindered the prosecution of sexual and gender violence crimes in the past have also hindered the prosecution of these crimes in the ICC, and the new crime of "gender persecution" has received virtually no attention in cases before the Court. Applying a feminist institutionalist approach to analyse these findings, the thesis concludes that legacies from the past have interfered with the prosecution of sexual and gender violence crimes in the ICC. Nonetheless, feminist actors inside and outside the Court have worked strategically, to ensure that the ICC is starting to realise its potential as a tool for ending impunity for sexual and gender violence crimes

Communicating Justice: Cambodian Press Coverage of the ECCC’s Final Judgment

This article explores Khmer-language media reporting of the final appeal judgment at the Extraordinary Chambers in the Courts of Cambodia (Case 002/02). Media reports are interesting for two reasons. First, as a source of opinions expressed in Cambodia’s official language (Khmer), which often remain beyond purview of international observers. Second, as one of the few sources of information about the ECCC available to the Cambodian public now that official Court outreach has largely ceased. Yet, free media is significantly curtailed in Cambodia, and reporting on the ECCC is likely to be shaped by what is politically safe to print, as well as what is deemed publicly interesting. Against this backdrop this article explores: the press’s tendency to downplay Cambodian political interference in the ECCC proceedings; its (mis)representation of the ECCC’s genocide findings; its reporting on its prosecution of sexual and gender-based crimes; and its use of ‘justice for victims’ rhetoric

Cases before International Courts and Tribunals concerning Questions of Public International Law Involving Australia 2020

In the year 2020, Australia’s engagement with international law was oriented around several key areas. In relation to the International Criminal Court (‘ICC’), Australia submitted amicus curiae observations relating to the Court’s jurisdiction over Palestine. In addition, the ICC Office of the Prosecutor published its decision not to further investigate alleged crimes against humanity committed by Australian officials against asylum seekers and refugees in offshore detention centres. Australia also closely watched the proceedings in the International Court of Justice (‘ICJ’) regarding Myanmar’s alleged breaches of the 1948 Convention on the Prevention and Punishment of the Crime of Genocide (‘Genocide Convention’). Australia also had an active year in the sphere of international trade disputes, with several matters in the World Trade Organization

Cases before Australian Courts and Tribunals concerning Questions of Public International Law 2022

The Sydney Centre for International Law (SCIL), within the University of Sydney Law School, was established in 2003 as a centre of excellence in research and teaching in international law. Each year, the Centre’s interns prepare an article for the Australian Year Book of International Law about the role of international law in Australian courts, under supervision of SCIL staff. This year's article reviews decisions made in 2022 by select federal courts (the High Court of Australia, Federal Court of Australia, and newly created Federal Circuit and Family Court of Australia), along with the state and territory supreme and appeal courts, in which international law played a part

Planning and optimising a digital intervention to protect older adults' cognitive health.

BackgroundBy 2050, worldwide dementia prevalence is expected to triple. Affordable, scalable interventions are required to support protective behaviours such as physical activity, cognitive training and healthy eating. This paper outlines the theory-, evidence- and person-based development of 'Active Brains': a multi-domain digital behaviour change intervention to reduce cognitive decline amongst older adults.MethodsDuring the initial planning phase, scoping reviews, consultation with PPI contributors and expert co-investigators and behavioural analysis collated and recorded evidence that was triangulated to inform provisional 'guiding principles' and an intervention logic model. The following optimisation phase involved qualitative think aloud and semi-structured interviews with 52 older adults with higher and lower cognitive performance scores. Data were analysed thematically and informed changes and additions to guiding principles, the behavioural analysis and the logic model which, in turn, informed changes to intervention content.ResultsScoping reviews and qualitative interviews suggested that the same intervention content may be suitable for individuals with higher and lower cognitive performance. Qualitative findings revealed that maintaining independence and enjoyment motivated engagement in intervention-targeted behaviours, whereas managing ill health was a potential barrier. Social support for engaging in such activities could provide motivation, but was not desirable for all. These findings informed development of intervention content and functionality that appeared highly acceptable amongst a sample of target users.ConclusionsA digitally delivered intervention with minimal support appears acceptable and potentially engaging to older adults with higher and lower levels of cognitive performance. As well as informing our own intervention development, insights obtained through this process may be useful for others working with, and developing interventions for, older adults and/or those with cognitive impairment

Cases before Australian Courts and Tribunals Concerning Questions of Public International Law 2020

This article summarises Australian cases from 2020, with a focus on the relevance of international law. In the year 2020, international treaties and United Nations (‘UN’) declarations were considered by Australian courts in several key areas, including: the status of Aboriginal Australians under the Constitution; discrimination claims; and migration decisions, particularly those involving deportation due to criminal conduct (that is, cases involving so-called ‘crimmigration’ law). International law was also relevant in Australian cases concerning the human rights implications of COVID-19 restrictions, with the Victorian Supreme Court observing that ‘[h]uman rights are not suspended during states of emergency or disaster’.The publication of the ‘Brereton Report’ — which documents potential war crimes by members of the Australian Defence Force (‘ADF’) in Afghanistan — underscored the relevance of both international humanitarian law and international criminal law to our own military personnel

The Active Brains Digital Intervention to Reduce Cognitive Decline in Older Adults: Protocol for a Feasibility Randomized Controlled Trial.

BACKGROUND: Increasing physical activity, improving diet, and performing brain training exercises are associated with reduced cognitive decline in older adults. OBJECTIVE: In this paper, we describe a feasibility trial of the Active Brains intervention, a web-based digital intervention developed to support older adults to make these 3 healthy behavior changes associated with improved cognitive health. The Active Brains trial is a randomized feasibility trial that will test how accessible, acceptable, and feasible the Active Brains intervention is and the effectiveness of the study procedures that we intend to use in the larger, main trial. METHODS: In the randomized controlled trial (RCT), we use a parallel design. We will be conducting the intervention with 2 populations recruited through GP practices (family practices) in England from 2018 to 2019: older adults with signs of cognitive decline and older adults without any cognitive decline. Trial participants were randomly allocated to 1 of 3 study groups: usual care, the Active Brains intervention, or the Active Brains website plus brief support from a trained coach (over the phone or by email). The main outcomes are performance on cognitive tasks, quality of life (using EuroQol-5D 5 level), Instrumental Activities of Daily Living, and diagnoses of dementia. Secondary outcomes (including depression, enablement, and health care costs) and process measures (including qualitative interviews with participants and supporters) will also be collected. The trial has been approved by the National Health Service Research Ethics Committee (reference 17/SC/0463). RESULTS: Results will be published in peer-reviewed journals, presented at conferences, and shared at public engagement events. Data collection was completed in May 2020, and the results will be reported in 2021. CONCLUSIONS: The findings of this study will help us to identify and make important changes to the website, the support received, or the study procedures before we progress to our main randomized phase III trial. TRIAL REGISTRATION: International Standard Randomized Controlled Trial Number 23758980; http://www.isrctn.com/ISRCTN23758980. INTERNATIONAL REGISTERED REPORT IDENTIFIER (IRRID): DERR1-10.2196/18929

Abstracts from the NIHR INVOLVE Conference 2017

n/