Why the question of the sufficiency of gravity in the Rome Statute remains problematic

Texte Universitaire , 2022 , 14 Pages , Note: 2.0

Droit - Droit communautaire/européen, Droit international, Droit privé international

The requirement of 'sufficient gravity', as one of the bases to determine the admissibility threshold for cases under the jurisdiction of the International Criminal Court (ICC), is a matter that has generated considerable scholarly discourse. The concept of gravity threshold is incredibly critical at almost every stage of the proceedings under the Rome Statute, before the ICC. It has been argued that gravity is an important factor in determining which situations should be authorized by the court for investigation, which suspects should be arraigned before the court for trial, and what sentence should be imposed on the individuals convicted of violations of Rome Statute crimes.

Inhaltsverzeichnis (Table of Contents)

• Prelude
• Il The requirement of gravity under the Rome Statute
• III The OTP's definition of gravity

Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)

This text aims to examine the problematic nature of the "sufficient gravity" requirement as a threshold for determining the admissibility of cases before the International Criminal Court (ICC) under the Rome Statute. It investigates the rationale behind this criterion, its application in practice, and the challenges it poses for the ICC's effectiveness.

• The concept of "sufficient gravity" as a subjective standard for determining admissibility of cases under the Rome Statute.
• The potential for "floodgates" and the need for a mechanism to control the volume of cases before the ICC.
• The role of the Office of the Prosecutor (OTP) in defining and applying the gravity threshold.
• The interplay between the gravity requirement and the principles of complementarity and impunity.
• The challenge of establishing objective standards for determining "sufficient gravity".

Zusammenfassung der Kapitel (Chapter Summaries)

• Prelude: This introductory section outlines the significance of the "sufficient gravity" requirement for determining admissibility of cases before the ICC. It highlights the role of this concept in various stages of ICC proceedings and its influence on the court's intervention in situations involving Rome Statute crimes.
• Il The requirement of gravity under the Rome Statute: This chapter delves into the specific provisions of the Rome Statute concerning the requirement of "sufficient gravity." It examines Article 17(1), which lays out the admissibility criteria for cases before the ICC, including the fourth requirement of "sufficient gravity." The text discusses the need for a contextualized approach to this requirement, considering its relationship to the other admissibility criteria.
• III The OTP's definition of gravity: This section focuses on the OTP's approach to defining and applying the "sufficient gravity" threshold. It presents the OTP's framework, which considers four factors: the scale of the crimes, their nature, the manner of their commission, and their impact. This chapter provides a detailed analysis of the OTP's policy paper on preliminary examinations, highlighting its specific considerations for assessing the gravity of crimes.

Schlüsselwörter (Keywords)

The key terms and concepts explored in this text include: International Criminal Court (ICC), Rome Statute, sufficient gravity, admissibility, complementarity, impunity, Office of the Prosecutor (OTP), preliminary examinations, scale of crimes, nature of crimes, manner of commission, impact of crimes.

• Note: 2.0
• Auteur: Dr. Milton Owuor (Auteur)
• Année de publication: 2022
• Pages: 14
• N° de catalogue: V1289903
• ISBN (PDF): 9783346749901
• ISBN (Livre): 9783346749918
• Langue: anglais
• mots-clé: rome, statute