Criminal Law 122(Spring 2012) Group # 3(Team Detectives) Professor Whitaker Phedencia Prentice Jodyne Ambrose Aaron Roundtree

Holden John-Rose

International Criminal Law:

The International Criminal Court (ICC), governed by the

Rome Statute, is the first permanent, treaty based, international criminal court established to help end impunity for the perpetrators of the most serious crimes of concern to the international community.

http://www.icccpi.int/menus/icc/about%20the%20court/icc%20at%20a %20glance/icc%20at%20a%20glance?lan=en-GB

International Criminal Law:

The Court is Divided into Four Groups: * The Presidency

* The Judicial Division * Office of the Prosecutor *The Registry

Description of Presidency
The Presidency is responsible for the overall administration of the Court, with the exception of the Office of the Prosecutor .The Presidency is composed of three judges of the Court, elected to the Presidency by their fellow judges, for a term of three years.
http://www.icc-cpi.int/Menus/ICC/Structure+of+the+Court/

Description of Judicial Division

The Judicial Divisions consist of eighteen judges

organized into the Pre-Trial Division, the Trial Division and the Appeals Division. The judges of each Division sit in Chambers which are responsible for conducting the proceedings of the Court at different stages. Assignment of judges to Divisions is made on the basis of the nature of the functions each Division performs and the qualifications and experience of the judge.
http://www.icc-cpi.int/Menus/ICC/Structure+of+the+Court/

Description of Office of the Prosecutor

The Office of the Prosecutor is responsible for receiving referrals and any substantiated information

on crimes within the jurisdiction of the Court, for examining them and for conducting investigations and prosecutions before the Court.
http://www.icc-cpi.int/Menus/ICC/Structure+of+the+Court/

Description of The Registry

The Registry is responsible for the non-judicial aspects of

the administration and servicing of the Court.

http://www.icc-cpi.int/Menus/ICC/Structure+of+the+Court/

Current Cases in (ICC)

They are currently having a trial for Jean-

Pierre Bemba Gombo. He is the President and Commander-in-chief of the Mouvement de libration du Congo (Movement for the Liberation of Congo) (MLC). Counts : Mr. Bemba is allegedly criminally responsible, as military commander, of Two counts of crimes against humanity: murder (article 7(1)(a) of the Statute ) and rape (article 7(1)(g) of the Statute ); Three counts of war crime: murder (article 8(2)(c)(i) of the Statute); rape (article 8(2)(e)(vi) of the Statute); and pillaging (article 8(2)(e)(v) of the Statute).

http://www.icccpi.int/Menus/ICC/Situation s+and+Cases/Situations/Situ ation+ICC+0105/Related+Ca ses/ICC+0105+0108/Case+Th e+Prosecutor+v+JeanPierre+Bemba+Gombo.htm

Current Cases in (ICC)

They are also having a trial for

Thomas Lubanga Dyilo.He is the Alleged founder of Union des Patriotes Congolais (UPC) and the Forces patriotiques pour la libration du Congo (FPLC); Alleged former Commanderin-Chief of the FPLC, since September 2002 and at least until the end of 2003. Alleged president of the UPC.

http://www.icccpi.int/Menus/ICC/Situ ations+and+Cases/Situa tions/Situation+ICC+010 4/Related+Cases/ICC+01 04+0106/Democratic+Re public+of+the+Congo.ht m

BREAKING NEWS!
Thomas Lubanga Dyilo, the first

defendant tried before the International Criminal Court, was found guilty of committing war crimes involving the use of child soldiers in the civil war in the Democratic Republic of Congo. JUSTICE HAS BEEN SERVE! TAKE THAT Lubanga! This is an very unfortunate case but am glad the ICC did their job. Little girls were raped by commanders, faced brutal violence, disease, forced pregnancy, and did not receive adequate medical care when needed.

http://globalsolutions.org/blog/201 2/03/super-villains-kony-therewas-lubanga

Uniform Code of Military Justice VS. Civilian Justice

Pretrial Conferences
UCMJ

The military judge may hold informal conferences to coordinate aspects of the trial where it may be in person, or by phone, but may not be used to resolve contested issues.

Civilian Justice

A legally trained judge presides over most courts-martial that will be held in chambers.

http://usmilitary.about.com/od/justicelawlegislation/l/aacmartial 2.htm

Uniform Code of Military Justice VS. Civilian Justice

Pre-trial Hearings
UCMJ

The military judge usually settles contested legal or procedural issues under Article 39(a), of the Uniform Code of Military Justice, which allows him to conduct hearings for that purpose. Civilian sessions take place outside the presence of the courtmartial members who serve as the jury in military cases.

Civilian Justice

http://usmilitary.about.com/od/justicelawlegislation/l/aacmartial2.htm

Uniform Code of Military Justice VS. Civilian Justice

Arraignment UCMJ

The accused service member is informed of the charges against him and offered an opportunity to make a plea guilty or not guilty. If the service member pleads guilty, before a formal plea may be accepted the military judge must ensure that the service member understands what he is doing and is acting voluntarily. The military inquiry is typically more extensive and fact-specific regarding the offenses. Civilian judges have the same requirement as the military system.

Civilian Justice

http://usmilitary.about.com/od/justicelawlegislation/l/aacmartial2.htm

Uniform Code of Military Justice VS. Civilian Justice

Sentencing Proceeding UCMJ

If the service member is convicted of any offense, the case proceeds immediately to the issue of sentencing. There are no sentencing guidelines or minimum sentence requirements for military courts. Military sentences can include many different punishments such as death, confinement, separation from the service, reduction in pay grade, forfeiture of pay and allowances, fine, and reprimand. The maximum limits on punishments for each offense are set by Congress in the Uniform Code of Military Justice and defined in more detail by the President in the Manual for Courts-Martial.

http://usmilitary.about.com/od/justicelawlegislation/l/aacmartial2.htm

Uniform Code of Military Justice VS. Civilian Justice

Sentencing Proceeding Civilian Justice

Civilian courts, an individual will receive a sentence on each count for which he is convicted. In civilian courts, typical sentences may include death, confinement, or fines. A civilian judge may also impose probation, and he may require the completion of community service and mandatory treatment or education programs as a condition of probation.

http://usmilitary.about.com/od/justicelawlegislation/l/aacmartial2.htm