ICC yakiri kupokea rasmi malalamiko kutoka Tanzania juu ya ukiukwaji wa haki za binadamu wakati wa uchaguzi uliopita

ICC yakiri kupokea rasmi malalamiko kutoka Tanzania juu ya ukiukwaji wa haki za binadamu wakati wa uchaguzi uliopita

Ciril said:
Hata mimi nina wasi wasi huo ,tukumbuke tu hawa Watu huwa na Mipango mirefu sana katika kutekeleza Majukumu yao ya namna ya kudili na ma Criminal.

Tujipe Muda.
Click to expand...
George Bush na Tony Blair watapelekwa linu huko ICC, au hujui kuhusu walichofanya Iraq 2003?
 
NAWATAFUNA said:
Kilasiku unaibiwa wewe,basi wewe ni zezeta.
Click to expand...
Watu kama nyinyi, kwasababu upepo wa neema uko upande wenu hamjali wengine..

Afrika chini ya Jangwa la Sahara, chini zetu zina kila utajiri, lakini ndio nchi masikini Duniani

Mawazo yako na Wengine kama wewe ndio mnaotukanisha Nchi za Afrika chini ya jangwa la Sahara kuitwa Shit hole Country..
 
ICC investigation and Prosecutions

Jurisdictional Triggers​

Whether after or during the commission of alleged atrocity crimes, the ICC can only exercise jurisdiction over such crimes in one of three ways 🙁 NB: only these three parties below can move the court to investigate hence prosecute perpetrators).

  • Where a State Party refers the crimes to the Court (State Party Referral),
  • Where the UN Security Council refers the crimes to the Court (UN Security Council Referral), or
  • Where the ICC Prosecutor initiates a preliminary examination into the crimes (Propio Motu Investigation)
State Party Referral​

A State Party referral is when any country that has ratified the Rome Statute (making them a State Party) refers alleged atrocity crimes to the ICC Prosecutor. The atrocities must have been committed:

  • on the territory of the State Party that makes the referral or on the territory of another State Party; or
  • by a national from the referring State Party or another State Party.
Most ICC cases have arisen where a State Party has referred alleged atrocity crimes to the ICC Prosecutor that have been committed on its own territory. This is sometimes called a “self-referral”, and includes the ICC investigations into crimes in the Democratic Republic of the Congo, Uganda, the Central African Republic (twice self-referred), Mali, and Gabon. Example Cases 2013 Comoros Referral 2012 Mali Self Referral

UN Security Council Referral​

The UN Security Council (UNSC) may refer alleged atrocity crimes committed in any country to the ICC Prosecutor by passing a resolution authorized by the UN Charter.

  • In March 2005, the UNSC referred the situation in Darfur, Sudan, to the ICC.
  • In February 2011, the UNSC referred the situation in Libya to the ICC.
If a permanent member of the UNSC vetoes a resolution to refer a situation to the ICC, the Court cannot gain jurisdiction. The permanent members of the UNSC are China, France, Russia, United States of America, and United Kingdom. In May 2014, Russia and China vetoed the referral of Syria to the ICC. Example Cases 2005 UNSC Resolution 1593 - Sudan Referral 2011 UNSC Resolution 1970 - Libya Referral

Proprio Motu Investigations​

The ICC Prosecutor may start a preliminary examination proprio motu (“on one’s own initiative” in Latin), into alleged atrocity crimes that have occurred either:

  • on the territory, or by a national, of any State Party; or
  • on the territory, or by a national, of a non-State Party that has consented to the jurisdiction of the ICC.
The ICC Prosecutor must receive approval from judges to open a formal investigation after completing her preliminary examination. Example Cases 2015 Preliminary Examination - Afghanistan 2015 Preliminary Examination - Iraq

Preliminary Examination​

Phases of Analysis​

Whether alleged atrocities are referred to the ICC Prosecutor, or she uses her proprio motu power, a case always begins with what is called a “preliminary examination”. Each preliminary examination has four phases of analysis: initial, jurisdictional, admissibility, and interest of justice assessments.

The ICC Prosecutor may move to a formal investigation if all four of these requirements are satisfied.

Initial Assessment​

The ICC Prosecutor must first determine whether the alleged crimes satisfy fundamental jurisdictional requirements of the Rome Statute, specifically temporal, territorial, subject matter, and personal jurisdiction.

Temporal Jurisdiction​

The ICC can only exercise jurisdiction over crimes committed after July 1, 2002 (the date that the Rome Statute went into force). If the alleged crimes occurred prior to this date, the case cannot move forward at the ICC

Territorial Jurisdiction​

The ICC can only exercise jurisdiction in the territory of State Parties, non-State Parties that consent to jurisdiction, or non-State Parties that are referred to the Court by the UN Security Council. If the alleged crimes occurred on a State that does not meet these requirements, the case cannot move forward at the ICC.

Subject Matter Jurisdiction​

An alleged crime must be either a war crime, a crime against humanity, or genocide, as defined in the Rome Statute. If the alleged crime does not fall within one of these definitions, the case cannot move forward at the ICC.

Personal Jurisdiction​

The ICC can only investigate and prosecute “natural persons” who are over the age of 18. The ICC cannot investigate or prosecute governments, corporations, political parties, or rebel movements, but may investigate individuals who are members of groups.

Also, the ICC can only exercise jurisdiction over nationals from a state within the Court’s jurisdiction (e.g. State Party; non-State Party that consents to jurisdiction or was referred by the UN Security Council).

​

Admissibility Assessment​

Even when the temporal, territorial, subject matter, and personal jurisdictional requirements are satisfied, the Rome Statute limits the types of cases that “admissible” at the ICC. The ICC Prosecutor must determine whether another court (domestic or international) is properly investigating and prosecuting the alleged crimes (this concept is called “complementarity”), and whether the alleged crimes are the gravest of crimes (this concept is called “gravity”).

Complementarity​

The principle of “complementarity” means the ICC “complements” other courts that have jurisdiction over the alleged crimes. This principle makes the ICC a “court of last resort”. The ICC Prosecutor must determine if another court is “genuinely able and willing” to investigate and potentially prosecute the case, or already has. If another court is properly investigating or prosecuting the alleged crimes, the case cannot move forward at the ICC.

Gravity​

The alleged crimes must be the gravest of atrocity crimes. The ICC Prosecutor determines gravity by looking at the scale, nature, manner, and impact of the alleged crimes.

Sudanese rebels Abdallah Banda Abakaer Nourain and Saleh Mohammed Jerbo Jamus were charged by the ICC with the killing of twelve (12) African Union peacekeepers in 2007. Despite the relatively small number of deaths, the Court found that the crime was an attack on the millions of civilians the peacekeepers were sent to protect and, therefore, met the gravity threshold.

Interests of Justice Assessment​

Even when the jurisdictional and admissibility requirements are met, the ICC Prosecutor has the discretion to determine whether moving a case forward at the ICC serves the “interests of justice.” The Prosecutor may decide not to move forward with an investigation or prosecution if she decides that there are substantial reasons to believe that this is not in the interests of justice. A Pre-Trial Chamber can review this decision.

Investigation​

Investigative Process​

The ICC Office of the Prosecutor (OTP) may turn a preliminary examination into a formal investigation called a situation (such as the situation in Libya) if the four phases of analysis in a preliminary examination are satisfied.

In an investigation, the OTP gathers as much information as possible to uncover the truth about the alleged crime as well as to determine who is most responsible. An investigation may include:

  • Inspection where the alleged crime occurred;
  • Collection of evidence like cellphone data, emails, radio intercepts, videos, photographs, minutes of meetings, military and police communications, speeches and forensic material such as exhumation reports;
  • Interviewing witnesses and victims;
  • Consultation with relevant experts and specialists;
  • Analysis of financial transactions.
The OTP is legally required to take whatever steps are necessary to gather all evidence which is relevant to an alleged crime, including incriminating and exonerating evidence. Before trial starts, the Prosecutor must disclose a great deal of evidence to the Defense. This includes all the evidence the Prosecutor intends to rely upon at trial, and any evidence which tends to show the innocence of the accused or which affects the credibility of prosecution evidence.

Cooperation and Assistance​

The ICC cannot act unilaterally because:

  • It does not have its own police force or independent enforcement powers
  • It cannot enter or obtain evidence in sovereign countries without the country’s permission.
As a result, the ICC and its organs (e.g. the OTP) depends on the “cooperation and assistance” of countries in order to facilitate investigations and prosecutions. Cooperation and assistance may include:

  • Allowing access to documents and other evidence;
  • Tasking domestic personnel to assist OTP personnel
  • Helping locate witnesses and victims; and
  • Assisting in the identification of crime sites.

Arrest Warrant & Summons​

Initialization of Warrants and Summons​

Once evidence establishes reasonable grounds to believe a person is responsible for an atrocity crimes, the ICC Prosecutor may request the Pre-Trial Chamber to issue a summons or arrest warrant.

A summons can be issued if the Pre-Trial Chamber is satisfied that the person will appear in the courtroom, and can contain conditions sufficient to ensure the person’s appearance.

An arrest warrant can be issued if the Pre-Trial Chamber believes that the arrest of the person is necessary to ensure that the person appears at trial. It can also be issued if the judges think it is necessary to ensure that the person does not obstruct the investigation, or to prevent the person from continuing to commit crimes similar to those he or she is suspected of committing.

Cooperation and Assistance​

Carrying out an arrest warrant depends on the cooperation of the country where the fugitive is located, and of its police force. The ICC has no police force of its own.

The case of Sudanese President Omar al-Bashir illustrates a problem that the ICC continually faces. Two arrest warrants for crimes against humanity, war crimes, and/or genocide have been issued by the ICC. However, President al-Bashir is still at large. While the arrest warrants have reduced the number of countries he can safely travel to, he nevertheless continues to travel to many countries including ICC States Parties without being arrested. Al-Bashir’s trial will not occur until Sudan or another country is willing to arrest and transfer him to the ICC.

The Court, despite continuing difficulties, has also seen successful cooperation from States Parties. On May 23, 2008, the Pre-Trial Chamber issued an arrest warrant for Jean-Pierre Bemba of the Central African Republic. Following his arrest a day later on July 1, 2008, a Belgian court ruled that Bemba should be sent to the ICC. The Belgian court order was executed and Bemba made his initial appearance before the ICC on July 4, 2008.

The ICC has also received cooperation from countries that are not member states. In March 2013, for example, the United States and Rwanda cooperated to transfer Bosco Ntaganda of the Democratic Republic of Congo to The Hague. Ntaganda was subject to an ICC arrest warrant and had turned himself into the United States embassy in Rwanda. Neither Rwanda nor the United States are ICC States Parties.

Confirmation of Charges​

Confirm or Dismiss Charges​

After an individual’s initial appearance, the Pre-Trial Chamber (PTC) must hold a hearing within a reasonable amount of time to confirm or dismiss the charges presented by the Prosecutor. The PTC can either:

  • Confirm the charges and send the case to the Trial Chambers for trial (at this point the individual becomes the “Accused”); or
  • Dismiss the charges and set the individual free; or
  • Pause the hearing to request the Prosecutor to produce additional evidence or change the charges with the evidence presented.
If charges are dismissed, the ICC Prosecutor can provide additional evidence at a later time in order to convince the PTC to confirm the original charges. Alternatively, the ICC Prosecutor can start the whole process over again with different charges.
 
denooJ said:
Sheria ipi inayosema hivyo? tuwekee hapa tuione. Usiwadanganye wajinga wenzio, kama wangekuwa hawapokei, wasingekiri wameshapokea.

Mimi ninafahamu wanapokea malalamiko ya individuals, tena mwenyewe unaweza kuandika malalamiko yako, au ukipenda unaweza kuwakilishwa na mwanasheria.wewe
Daudi Mchambuzi said:
Haya mataga mje mporomoshe matusi hapa.
Click to expand...
Umelidhika na hiyo taarifa na kiwa nayo.matumaini?
Click to expand...
 
mama D said:
CCM hata wasipopiga kampeni, hata CCM wasipoweka mawakala, hata mawakala wenu wawe kina amstadam tuu Magufuli anashindaaa tena sio kwa 84% tena sasa itakua kwa 94%

Chadema hadi sasa hamuwajui watanzania. Siku mtakapojua wapiga kura wanataka nini, ndio siku mtayoshinda
Click to expand...
CHADEMA haijawahi kushindwa kwenye sanduku la kura au kwenye Uchaguzi halali, kifupi hakuna Chama kinachoitwa CCM, CCM ilishakufaga kitambo sana, CHADEMA huwa wanashindana na vyombo vyote vya ulinzi na ndiyo CCM mpya hiyo
 

How the Court works

The crimes The Court's founding treaty, called the Rome Statute, grants the ICC jurisdiction over four main crimes.
www.icc-cpi.int www.icc-cpi.int

How the International Criminal Court works

The crimes

The Court's founding treaty, called the Rome Statute, grants the ICC jurisdiction over four main crimes.

First, the crime of genocide is characterised by the specific intent to destroy in whole or in part a national, ethnic, racial or religious group by killing its members or by other means: causing serious bodily or mental harm to members of the group; deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; imposing measures intended to prevent births within the group; or forcibly transferring children of the group to another group.

Second, the ICC can prosecute crimes against humanity, which are serious violations committed as part of a large-scale attack against any civilian population. The 15 forms of crimes against humanity listed in the Rome Statute include offences such as murder, rape, imprisonment, enforced disappearances, enslavement – particularly of women and children, sexual slavery, torture, apartheid and deportation.

Third, war crimes which are grave breaches of the Geneva conventions in the context of armed conflict and include, for instance, the use of child soldiers; the killing or torture of persons such as civilians or prisoners of war; intentionally directing attacks against hospitals, historic monuments, or buildings dedicated to religion, education, art, science or charitable purposes.

Finally, the fourth crime falling within the ICC's jurisdiction is the crime of aggression. It is the use of armed force by a State against the sovereignty, integrity or independence of another State.

Legal process

As an international court, the ICC's legal process may function differently from that in your national jurisdiction. Below are a few highlights giving key information on the legal process.
After crimes occur

1st Stage: Preliminary examinations

2nd Stage: Investigations

3rd Stage: Pre-Trial stage

4th Stage: Trial stage

5th Stage: Appeals stage

6th and Last Stage: Enforcement of sentence
 
denooJ said:
Kuna wajinga humu wanadanganyana hiyo Mahakama haiwezi kuwashughulikia watesi wetu, waacheni waendelee kudanganyana.

Wajue fika watapandishwa kizimbani hata kama ni baada ya miaka kumi, kuwa kwao madarakani sasa hivi kusiwadanganye, hiyo siku yaja, watavuna walichopanda.

Neno "Communication" kwa wale msiojua linamaanisha Hati ya Mashtaka. Hii ni lugha yao kwenye hiyo mahakama.

Msije kudhani linamaanisha mawasiliano.
Click to expand...

Hahaha daaah, si kila baada ya Uchaguzi hua mnapeleka barua! vp ile barua yenu mliopeleka kipindi cha mkapa hawajajibu tu?
 
Wabarikiwe wazungu.

Bora wakoloni weupe kuliko wakoloni weusi!
 
denooJ said:
Kuna wajinga humu wanadanganyana hiyo Mahakama haiwezi kuwashughulikia watesi wetu, waacheni waendelee kudanganyana.

Wajue fika watapandishwa kizimbani hata kama ni baada ya miaka kumi, kuwa kwao madarakani sasa hivi kusiwadanganye, hiyo siku yaja, watavuna walichopanda.

Neno "Communication" kwa wale msiojua linamaanisha Hati ya Mashtaka. Hii ni lugha yao kwenye hiyo mahakama.

Msije kudhani linamaanisha mawasiliano.
Click to expand...
Hahahaa kwa hiyo wewe kwa sasa mnatembea mmebinua viuno mnadhani tutashitakiwa kwa hivyo mi massage vyenu?
ICCwanatumia akiri na sio utashi wenu,
Kama wana shida na kesi waende Nigeria juzi ndo watu wengi wamekufa huko.
Nabkama unataka tushitakiwe ulitakiwa uandamane siku ya tarehe mbili kama ulivyoshauriwa na tundu Lisu ili uuwawe, lakini ukaona huwezi kuacha nyama choma na kuwahi udongoni ukajikalia ndani unatizama TV na ku chart kwenye mitandao.
 
Ngonidema said:
Chadema haijawahi kushindwa kwenye sanduku la kura au kwenye uchaguz halali, kifup hakuna chama kinachoitwa ccm, ccm ilishakufaga kitambo sana, Chadema huwa wanashindana na vyombo vyote vya ulinz na ndiyo ccm mpya hiyo
Click to expand...

Mtaji namba moja wa Chama cha siasa ni wananchi.
Wananchi ndio wamesimama na CCM kuwapa ushindi
Na wananchi ndio wamegoma kusimama na CHADEMA kuingia mtaani kuthibitisha hayo unayoyasema

Hakuna nguvu kubwa kisiasa zaidi ya nguvu ya umma
 
YEHODAYA said:
ICC hawapokei na kushighulikia barua za individuals

Zitto kaandika peke yake akiwa kajifungia ndani na Maria Sarungi naye kajiandikia peke yake !!!
Click to expand...
Wanaangalia evidence tu ya crimes against humanity, hawaangalii mleta taarifa ni mtu binafsi au taasisi
 
kajekudya said:
Makosa yamejumuishwa katika makundi manne
1. War Crimes: Haya ni Yale yanayotojea wakati wa Vita. Na ambayo yapo kinyume na Sheria zinaratibiwa masuala ya kivita, Rape, torture, rooting, kuua watu wasio na Silaha n.k Haya lazima kuwe na Vita.

2.Crimes against Humanity. Torture, Mauaji, Rape, Persecution, Enslavement n.k na ambayo ndio nadhani Hao wadau wamepeleka Malalamiko yao. Hapa siyo lazima kuwe na Vita inaweza kuwa at any time.
3.Genocide: Mauaji ya kimbali.
4. Acts of Agrression.

Sasa lazima ufahamu kuwa hii ni Mahakama ya Kimataifa Ina deal na issues za Nationals, kwahiyo always wanakuwa very careful kuhakikisha hawaingilii State Sovereignty ( Mamlaka za ndani ambazo).
Najua Kuna wajinga humu watabisha lakini ukweli ni Tanzania ni moja ya Nchi zenye Strong internal state Machinery zenye uwezo wa kuhandle haya mambo Kama yapo.
The Question is, these barking dogs have ever reported these allegations to the Institutions Concerned!? Wametoa ushirikiano ili ku investigate Malalamiko yao na hivyo vyombo vimepuuzia kushughulikia hayo Malalamiko au ni kelele tu!?
Click to expand...
Asante sana kiongozi kwa tafsiri yako. Ngoja tuone na hao prosecutors wa ICC tafsiri yao ikoje...

Labda swali moja la nyongeza mkubwa; assuming Bensouda anasema haya malalamiko waliyoyapokea ICC ina mamlaka kuyasikiliza hivyo wanaanzisha investigation, je, sisi kama nchi tunaweza kupingana na maamuzi yao? Au tunaweza kuchukua hatua gani. Asante sana.
 
leonaldo said:
Kuna mahakama hapa inaweza kushughulikia hivyo vitendo?
Click to expand...
Mkuu achana na misukule hiyo. Yaani kabisa mtu anasema mahakama zetu zinaweza kuhoji uvunjifu wa haki za binadamu,uporaji haki ya kuishi uliofanywa na mlipaji na mteuaji hao watendaji wa mahakama!
Inashangaza sana kuwa na watu wenye uelewa finyu nanma hiyo hapa JF.

Sent using Jamii Forums mobile app
 
quimby_joey said:
Asante sana kiongozi kwa tafsiri yako. Ngoja tuone na hao prosecutors wa ICC tafsiri yao ikoje...

Labda swali moja la nyongeza mkubwa; assuming Bensouda anasema haya malalamiko waliyoyapokea ICC ina mamlaka kuyasikiliza hivyo wanaanzisha investigation, je, sisi kama nchi tunaweza kupingana na maamuzi yao? Au tunaweza kuchukua hatua gani. Asante sana.
Click to expand...
Huyo uliem quote hiyo comment yake ni namba ngapi? nina maswali kwake.
 
You must log in or register to reply here.

Our Community

Regional Communities

Back
Top Bottom
Menu
Forums
New posts
Log in
Register