Protecting Human Rights at the International Criminal Court
- 21 Feb 2008
Protecting Human Rights at the International Criminal Court: Judge Navanethem Pillay
21st February 2008: 6.00-7.30 pm
Aula Maxima, UCC
L - R : Prof. Caroline Fennell, The Hon. Justice Maureen Clark, Judge Navanethem Pillay, Dr. Siobhan Mullally
SECOND ANNUAL DISTINGUISHED LECTURE IN CRIMINAL JUSTICE AND HUMAN RIGHTS
Protecting Human Rights at the International Criminal Court: Prospects and Challenges with Judge Navanethem Pillay
Watch Video - Length 53:24 | Size 47 MB
Chair: The Hon. Justice Maureen Harding Clark
Thursday, 21st February 2008, 6.00-7.30 pm
The Aula Maxima, University College Cork
Registration and tea/coffee from 5.30 pm
RSVP: ccjhr@ucc.ie by Feb. 15th, tel. 021 4902728
To be followed by a reception in the Staff Common Room, North Wing
CPD 1.5 hours
THE ICC AS A HUMAN RIGHTS INSTITUTION
The ICC will play a critical role as both a tribunal of individual criminal responsibility and as a human rights institution, both in the application and development of existing law. Specifically, its establishment
- develops the relationship between human rights and humanitarian law;
- builds on an existing regime of international human rights guarantees;
- creates the possibility for cooperation with international human rights bodies.
The Rome Statute incorporates substantive human rights norms, particularly by defining crimes against humanity without requiring a connection with armed conflict which emanates from the body of Human Rights Law. It also contains specific elements of crimes that may be cross-referenced with other international instruments and jurisprudence.
One of the most important provisions of the Rome Statute is article 21(3). It states that the “application and interpretation of law … must be consistent with internationally recognized human rights, without any adverse distinction founded on grounds such as gender…, age, race, colour, language, religion or belief, political or other opinion, national, ethnic or social origin, wealth, birth or other status”. ICC judges will therefore draw from a large body of human rights law with ample discretion to guarantee the most basic and important protections.
While the ICC is primarily a judicial institution, its mere existence and judgments will help promote human rights by: creating a historical record for past wrongs; offering a forum for victims to voice their opinions and seek reparation for past violations; developing the jurisprudence of the ad hoc Tribunals; and deterring potential violators of the gravest crimes while punishing past offenders.
