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Unpublished Paper
Decision on Application under Rule 103, Situation in Darfur, Case no ICC-02/05, Pre-Trial Chamber I, 4 February 2009
(2012)
  • Christoffer Wong
Abstract
This is an unedited draft of a contribution to be published in Annotated Leading Cases of International Tribunals (Intersentia). This decision was rendered by Pre-Trial Chamber (PTC) I in connection with an application to submit observations in the course of the Chamber's consideration of the Prosecutor's application for warrants of arrest against Omar Hassan Ahmad Al Bashir and three alleged commanders of organized armed groups in Sudan. The PTC's decision became definitive when the applicants were denied leave to appeal (on the ground of the applicants' lack of standing in the ‘case(s)’ ). Two main legal issues can be said to arise from the decision. Firstly, the PTC clarifies to some extent the criteria to be met before the Court would grant leave to submit observations under Rule 103 of the Rules of Procedure and Evidence and the purposes of such observations. Secondly, the PTC has confirmed the Court's practice reflecting a certain understanding of the division of power – or of functions, if one prefers – between the Office of Prosecutor and the judicial Chambers of the Court. Besides these issues, which the present decision have addressed, there is a question that remains unresolved, viz. whether at this stage of the proceedings the PTC is precluded from addressing, on its own motion, the issue of admissibility. But before these questions are examined in turn, some very brief comments will be made on the immediate practical effect of the Pre-Trial Chamber's decision not to grant leave to the applicants to submit observations.
Keywords
  • International Criminal Court,
  • ICC,
  • Rule 103 ICC,
  • Situation in Darfur,
  • amicus curiae,
  • proprio motu cinsideration of admissibility
Publication Date
2012
Citation Information
Christoffer Wong, "Decision on Application under Rule 103, Situation in Darfur, Case no ICC-02/05, Pre-Trial Chamber I, 4 February 2009", unedited draft 2012. Available at: http://works.bepress.com/christoffer_wong/13