Amicus Curiae Observations on the “Prosecution’s Request for a Ruling on Jurisdiction under Article 19(3) of the Statute”

Authors

Fannie Lafontaine
Robert Currie, Dalhousie University, Schulich School of LawFollow
Amanda Ghahremani

Document Type

Report

Publication Date

2018

Abstract

The Amici Curiae (‘the Amici’) have been granted leave by Pre-Trial Chamber I (‘the Chamber’) to submit observations in the present proceeding, which derives from the Prosecutor’s request under art. 19(3) for a ruling on whether the Court may exercise jurisdiction over the alleged deportation of the Rohingya people from Myanmar to Bangladesh.

The Amici respectfully offer the Chamber observations on the novel legal issues raised by the Prosecutor’s Request: (II) the scope of art. 19(3) and the powers of the Prosecutor to seek a ruling on jurisdiction before a formal situation has been assigned to it; (III) the scope of territorial jurisdiction under art. 12(2)(a); and (IV) the scope of the crime of deportation under art. 7(1)(d).

Comments

Professor Currie co-drafted this document with Fannie Lafontaine and Amanda Ghahremani, and was also a signatory.

Recommended Citation

Pre-Trial Chamber I, No. ICC-RoC46(3), "Amicus Curiae Observations on the 'Prosecution’s Request for a Ruling on Jurisdiction under Article 19(3) of the Statute'" (18 June 2018) (Members of the Canadian Partnership for International Justice), online: International Criminal Court < www.icc-cpi.int > [perma.cc/TNB5-KE2P].