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Has anyone lodged a UN "Communications" against the current Administration?

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Na Gael Donating Member (88 posts) Send PM | Profile | Ignore Wed Apr-04-07 10:53 AM
Original message
Has anyone lodged a UN "Communications" against the current Administration?
Has anyone here at DU lodged a "Communications" with the UN?
Is it something that can be done realistically?
What kind of compelling attachments would one provide?
If it can be done, would signatories from multiple nations help compell the initiation?

Reading on the UN website, I've come across the proper way to file a complaint for investigation( http://www.icc-cpi.int/library/organs/otp/policy_annex_final_210404.pdf ). However, I am not well-versed in legalese, so it seems a bit confusing.

I may be totally off-base, but I read this file to state there are (3) three ways to properly lodge a complaint:

The Prosecutor may start an investigation upon referral by:
1.)the Security Council, or a
2.)State Party, or
3.)proprio motu (at his own initiative) on the basis of information provided by other sources (“communications”).

Initiating an investigation by means of "communications", is a two part process. Furthermore, this process is quite different than Security Council(SC) or State Party(SP) referrals, in that: "Communications" require a compelling enough argument(that you provide) to initiate, "proprio motu," whereas SC or SP referrals require compelling argument(of the prosecutor) not to initiate an investigation.

Communication + compelling argument>>>>>Proprio motu>>>>>>Investigation<<<<<<Prosecutor can't refute claim<<<SC or SC referral

Even if a compelling argument is given in "communications," proprio motu is at the prosecutor's own initiative, and may not occur.
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sinkingfeeling Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Apr-04-07 10:56 AM
Response to Original message
1. I wrote to the UN right after Bush invaded Iraq asking that sanctions be put on the USA.
I never got a response.
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Na Gael Donating Member (88 posts) Send PM | Profile | Ignore Wed Apr-04-07 11:56 AM
Response to Reply #1
3. Anyone?
It appears the communication has to be done in a certain way, to garner a response from the ICC.

Looking at it, there doesn't seem to be much difficulty in writing a communication. It may end up being rather lengthy, but straightforward nonetheless.

It also looks like Article 4 of the, "Rome Statute of the International Criminal Court, 1998" covers non signatory States, which was a concern of mine: http://untreaty.un.org/ilc/texts/instruments/english/conventions/7_4_1998.pdf
Article 4
Legal status and powers of the Court
1. The Court shall have international legal personality. It shall also have such legal capacity as may be
necessary for the exercise of its functions and the fulfilment of its purposes.
2. The Court may exercise its functions and powers, as provided in this Statute, on the territory of any State
Party and, by special agreement, on the territory of any other State.

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Spurt Donating Member (352 posts) Send PM | Profile | Ignore Wed Apr-04-07 11:47 AM
Response to Original message
2. The case has been examined...
...and declined.

Go to
http://www.icc-cpi.int/organs/otp/otp_com.html

and read the PDF "10.02.2006 - Iraq response"

Cheers

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Na Gael Donating Member (88 posts) Send PM | Profile | Ignore Wed Apr-04-07 12:02 PM
Response to Reply #2
4. Would Article 15 still be valid?
"5. The refusal of the Pre-Trial Chamber to authorize the investigation shall not preclude the presentation of a
subsequent request by the Prosecutor based on new facts or evidence regarding the same situation.

6. If, after the preliminary examination referred to in paragraphs 1 and 2, the Prosecutor concludes that the
information provided does not constitute a reasonable basis for an investigation, he or she shall inform those who
provided the information. This shall not preclude the Prosecutor from considering further information submitted to
him or her regarding the same situation in the light of new facts or evidence."

I am assuming that as new discoveries are made, they too can be presented?
If so, would the new material be an addendum, or would it require a new communication?
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Spurt Donating Member (352 posts) Send PM | Profile | Ignore Wed Apr-04-07 01:16 PM
Response to Reply #4
5. I guess your interpretation...
is at least as good as mine. I have no expertise beyond common sense.

However I note that the determination is only a few months old (which is like yesterday given the speed that such august bodies move at) and suspect that little has emerged since that might be of such new importance as to reopen the case.

Also, given that cases typically take years to grind their way through the ICC process, I am of the opinion that action by the ICC will not have any tangible effect on the prosecution of the conflict before the end of this administrations term. eg they have been working on Darfur for ages but the killing still goes on today.

Cheers


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