LAWS5012AdvancedTopicsinCriminalJustice:TakeHomeExamNOTES:
You will need to undertake independent research to determine whether the States referred to in this question are ICC State Parties, and if so, the relevant accession dates.
ICC Investigation and ArrestOn 4 July2021, Iraq deposited its instrument of ratification of the Rome Statute with an attached declaration asking for the Court to exercise jurisdiction over its territoryfor all acts from 1 July 2002. On 4 November 2021, the ICC
Prosecutor soughtapproval from a Pre-Trial Chamber to open an investigation into the situation in Iraq. The application was granted in early 2022.In mid-2022, Zayifvoluntarily travelled to The Hague to speak to ICC investigators about his role in the attackon Mosulin the belief that he would receive amnesty for providing the Court with important information.
He was arrested by the Dutch police upon arrival pursuant to a sealed ICC arrest warrant and sent to prison to await the confirmation hearing against him, on charges of war crimes, crimes against humanity and genocide.
The day after his arrest, the Prosecutor gave a press conference at which she stated that she had “a strong caseagainst an accused who has done so much damage toinnocent Iraqis”and that “crime doesnotpay.”The Prosecutor then assigned a team of 30 lawyers to work on the case against Zayif,who in contrast, was assigned by the Court threelawyers and a single investigator (new to the job) to assist in his defence.It is now 2023. Zayifremains in prison without yet having attended a confirmation hearing.
He claims there have been deliberate delays in providing medication for his muscle condition which has led to him suffering bouts of severe pain. He claims the pain has also affected his ability to prepare his defence. Inthe meantime, AMZ has declareda new ‘state’called Daeshover parts of Iraqi, Syrian and Jordanian territoryandhimself as Leader. The new‘state’has been recognised by only two other states (Tunisiaand Libya) whichAMZ visits from time to time to boost relations.
Questions:You MUST answer ALL of the followingThe Prosecutor of the ICC has asked for your advice in relation to the following issues:
1.Any jurisdiction and admissibility issues in relation to the members of the US armed forces involved in mistreating prisoners? (10 marks)
2.Could Prime Minister Blair or President Bush be charged with the crime of aggression?(10 marks)
3.Could Donald Rumsfeld be charged with any crime?If so, through which mode(s) of liability?(10 marks)
4.The ICC is considering the preparation of an arrest warrant for AMZ. What, if any, charges (i.e. crimes) could be broughtagainst him?(30 marks)
5.Through which mode(s) of liability could you charge AMZ? (15marks)
6.Any procedural or defence issues arising in respect of Zayif? (15 marks)7.
Any immunity issues which may arise in respect of the US President, UK Prime Minister or AMZ? (10marks