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61-735: The TBB is a member of the International Bar Association and the European Bar Federation. A “Union of Bars in Turkey” was established on the 5 April 1958. Since then the 5th of April is known as the "Lawyer's Day" in Turkey. Later on the Turkish Bars were organized in a different and more efficient way, and on the 7 April 1969 the Union of Turkish Bar Associations (TBB) was established with

122-627: A Feasible International Criminal Court in 1970 and created the Foundation for the Establishment of an International Criminal Court in 1971. In June 1989, the Prime Minister of Trinidad and Tobago , A. N. R. Robinson , revived the idea of a permanent international criminal court by proposing the creation of tribunal to address the illegal drug trade . In response, the General Assembly tasked

183-542: A clear commitment to the international legal principles of distinction and proportionality." On 22 December 2023, the IBA condemned Israel’s “wholly indiscriminate and disproportionate attacks on Gaza” and reiterated calls for an immediate ceasefire. The IBA also noted that humanitarian aid had been “weaponised” in Gaza, “with Israeli forces deliberately blocking the delivery of water, food, fuel and medicine for over two months.” The IBA

244-713: A draft. Finally, the General Assembly convened a conference in Rome in June 1998, with the aim of finalizing the treaty to serve as the Court's statute. On 17 July 1998, the Rome Statute of the International Criminal Court was adopted by a vote of 120 to seven, with 21 countries abstaining. The seven countries that voted against the treaty were China , Iraq , Israel , Libya , Qatar , the U.S., and Yemen . Israel's opposition to

305-569: A membership of more than 80,000 individual lawyers and 190 bar associations and law societies. Its global headquarters are located in London, England, and it has regional offices in Washington, D.C., United States, Seoul , South Korea and São Paulo , Brazil. Representatives of 34 national bar associations gathered in New York City, New York on 17 February 1947 to create the IBA. Initial membership for

366-440: A memorandum of understanding on cooperation to ensure accountability for war crimes and other international crimes including the crime of aggression. On 11 October 2023, the IBA strongly condemned what it called the "heinous" 2023 Hamas attack on Israel , saying the "indiscriminate and targeted atrocities against Israeli citizens contravene an unequivocal, non-derogable prohibition under international law. The murder of civilians,

427-456: A political agreement." Henry Kissinger says the checks and balances are so weak that the prosecutor "has virtually unlimited discretion in practice". Lead prosecutor Luis Moreno Ocampo of Argentina , in office from 2003 to 2012, was succeeded in the role by Fatou Bensouda of Gambia , who served from 16 June 2012 to 16 June 2021 (she was elected to the nine-year term on 12 December 2011). On 12 February 2021, British barrister Karim Khan

488-452: A province with 5000 registered lawyers. This article about an organisation in Turkey is a stub . You can help Misplaced Pages by expanding it . This law -related article is a stub . You can help Misplaced Pages by expanding it . International Bar Association The International Bar Association ( IBA ), founded in 1947, is a bar association of international legal practitioners, bar associations and law societies. The IBA in 2018 had

549-650: A reform suggested by the Turkish Government of Recep Tayyip Erdogan . In June 2020, several provincial leaders of the Bar Association began a March to Ankara, in protest of the planned reform. In July 2020, the Grand National Assembly of Turkey passed a new law on the Bar Associations and since it is possible to create more than one Bar Association per province, as long as 2000 lawyers agree on it in

610-597: A state party, (2) the Security Council or (3) a prosecutor. It is then up to the prosecutor acting proprio motu to initiate an investigation under the requirements of Article 15 of the Rome Statute . The procedure is slightly different when referred by a state party or the Security Council, in which cases the prosecutor does not need authorization of the Pre-Trial Chamber to initiate the investigation. Where there

671-705: A variety of projects in the field of human rights and rule of law, particularly concerning the independence of the judiciary and fair trial rights. The IBA issues codes and guidance on international legal practice. The IBA Rules on the Taking of Evidence in International Arbitration, adopted in 1999 and revised in 2010, are used by some parties in international commercial arbitration. The IBA has also issued IBA Guidelines on Conflicts of Interest in International Arbitration, IBA Guidelines for Drafting International Arbitration Clauses, and IBA Principles on Conduct for

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732-462: Is a reasonable basis to proceed, it is mandatory for the prosecutor to initiate an investigation. The factors listed in Article 53 considered for reasonable basis include whether the case would be admissible, and whether there are substantial reasons to believe that an investigation would not serve the interests of justice (the latter stipulates balancing against the gravity of the crime and the interests of

793-511: Is an intergovernmental organization and international tribunal seated in The Hague , Netherlands. It is the first and only permanent international court with jurisdiction to prosecute individuals for the international crimes of genocide , crimes against humanity , war crimes , and the crime of aggression . The ICC is distinct from the International Court of Justice , an organ of

854-583: Is divided into two divisions – the Legal Practice Division (LPD) and the Public and Professional Interest Division (PPID). Each Division houses various committees and fora that are dedicated to specific practice areas. These committees and fora issue publications that focus on international legal practice. The PPID houses the Bar Issues Commission (BIC) and Human Rights Institute (IBAHRI). The BIC

915-406: Is presided over by a president and two vice-presidents , who are elected by the members to three-year terms. The Assembly meets in full session once a year, alternating between New York and The Hague , and may also hold special sessions where circumstances require. Sessions are open to observer states and non-governmental organizations. The Assembly elects the judges and prosecutors , decides

976-453: Is thus not a participant in the ICC nor under its jurisdiction, Putin can be charged for actions against Ukraine, which is not a party but has accepted jurisdiction of the court since 2014. Should Putin travel to a state party, he can be arrested by local authorities. Later in 2023, Russia's Ministry of Internal Affairs retaliated by placing several ICC officials on its wanted list. In March 2024,

1037-403: Is unable to exercise his or her functions. One critic said there are "insufficient checks and balances on the authority of the ICC prosecutor and judges" and "insufficient protection against politicized prosecutions or other abuses". Luis Moreno-Ocampo , chief ICC prosecutor, stressed in 2011 the importance of politics in prosecutions: "You cannot say al-Bashir is in London, arrest him. You need

1098-737: The International Federation of Accountants (IFAC) and the International Organisation of Employers (IOE). In 2020, the IBA filed a submission to the United Nations Special Rapporteur on Violence Against Women , its causes and consequences, with a view to informing her report on Rape as a grave and systematic human rights violation and gender-based violence against women . The submission contained 20 recommendations to UN Member States in light of their responsibility to criminalise and prosecute rape, including

1159-545: The Presidential Commissioner for Children's Rights in Russia Maria Lvova-Belova for child abductions in the 2022 Russian invasion of Ukraine . Russia denounced the arrest warrants as "outrageous". Putin became the first head of state of a U.N. Security Council Permanent Member to be the subject of an ICC arrest warrant. Although Russia withdrew its signature from the Rome Statute in 2016, and

1220-501: The Rwandan genocide . The creation of these tribunals further highlighted to many the need for a permanent international criminal court. In 1994, the ILC presented its final draft statute for the International Criminal Court to the General Assembly and recommended that a conference be convened to negotiate a treaty that would serve as the Court's statute. To consider major substantive issues in

1281-796: The UN General Assembly and the UN Economic and Social Council (ECOSOC) since 1947. On 9 October 2012, the IBA signed a memorandum of understanding with the Organisation for Economic Co-operation and Development (OECD). The IBA also partners with the OECD and United Nations Office on Drugs and Crime (UNODC) in the Anti-Corruption Strategy for the Legal Profession, an anti-corruption initiative for lawyers. The IBA has also partnered with

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1342-795: The United Nations headquarters in New York City , during which NGOs provided input and attended meetings under the umbrella organisation of the Coalition for the International Criminal Court (CICC). In January 1998, the Bureau and coordinators of the Preparatory Committee convened for an Inter-Sessional meeting in Zutphen in the Netherlands to technically consolidate and restructure the draft articles into

1403-545: The United States Army at the Einsatzgruppen trial , became a vocal advocate of the establishment of international rule of law and of an international criminal court. In his book Defining International Aggression: The Search for World Peace (1975), he advocated for the establishment of such a court. Another leading proponent was Robert Kurt Woetzel , a German-born professor of international law, who co-edited Toward

1464-730: The allied powers established two ad hoc tribunals to prosecute Axis leaders accused of war crimes. The International Military Tribunal , which sat in Nuremberg , prosecuted German leaders while the International Military Tribunal for the Far East in Tokyo prosecuted Japanese leaders. In 1948 the United Nations General Assembly first recognized the need for a permanent international court to deal with atrocities of

1525-471: The 18 judges of the Court, organized into three chambers—the Pre-Trial Chamber, Trial Chamber and Appeals Chamber — which carry out the judicial functions of the Court. Judges are elected to the Court by the Assembly of States Parties. They serve nine-year terms and are not generally eligible for re-election. All judges must be nationals of states parties to the Rome Statute, and no two judges may be nationals of

1586-645: The Al Qassem Brigades Mohammed Deif , and Hamas political leader Ismail Haniyeh in connection to war crimes committed in the Israel-Hamas war . On November 21, warrants were formally issued for Netanyahu, Gallant and Deif. Warrants for Haniyeh and Sinwar were withdrawn following confirmation of their deaths in July and October respectively. The process to establish the court's jurisdiction may be "triggered" by any one of three possible sources: (1)

1647-598: The Court by the United Nations Security Council . The ICC held its first hearing in 2006, concerning war crimes charges against Thomas Lubanga Dyilo , a Congolese warlord accused of recruiting child soldiers; his subsequent conviction in 2012 was the first in the court's history. The Office of the Prosecutor has opened twelve official investigations and is conducting an additional nine preliminary examinations. Dozens of individuals have been indicted in

1708-508: The Court's budget, adopts important texts (such as the Rules of Procedure and Evidence), and provides management oversight to the other organs of the Court. Article 46 of the Rome Statute allows the Assembly to remove from office a judge or prosecutor who "is found to have committed serious misconduct or a serious breach of his or her duties" or "is unable to exercise the functions required by this Statute". The states parties cannot interfere with

1769-767: The ICC issued two more arrest warrants, for Sergey Kobylash , the commander of the Long-Range Aviation of the Russian Aerospace Forces , and Viktor Sokolov , the commander of the Black Sea Fleet over their role in war crimes in Ukraine. On 20 May 2024, the ICC's Chief Prosecutor Karim Khan announced his intention to seek arrest warrants for Israeli Prime Minister Benjamin Netanyahu , Israeli Defense Minister Yoav Gallant , leader of Hamas Yahya Sinwar , leader of

1830-517: The ICC, including Ugandan rebel leader Joseph Kony , former President Omar al-Bashir of Sudan , President Uhuru Kenyatta of Kenya , Libyan head of state Muammar Gaddafi , President Laurent Gbagbo of Ivory Coast and former Vice President Jean-Pierre Bemba of the Democratic Republic of the Congo . On 17 March 2023, ICC judges issued arrest warrants for Russian leader Vladimir Putin and

1891-623: The ILC with once again drafting a statute for a permanent court. While work began on the draft, the UN Security Council established two ad hoc tribunals in the early 1990s: The International Criminal Tribunal for the former Yugoslavia , created in 1993 in response to large-scale atrocities committed by armed forces during the Yugoslav Wars , and the International Criminal Tribunal for Rwanda , created in 1994 following

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1952-612: The Law No. 1136, concerning the legal profession (the “Attorney’s Law”) . "Individuals who are not registered with a Bar Association may not use the title 'Attorney' or work in the profession, except the lawyers who are employed by state/government." In May 2020, a majority of the heads of the provincial bar associations in Turkey announced opposition to the a reform of the Attorney Law, which also stipulates regulations to their election. They stated that they were not asked for their opinion about

2013-411: The Legal Profession (2011). The IBA has an award that is given to an outstanding female lawyer judged to be most deserving of that recognition. It is awarded every other year and is sponsored by LexisNexis . It includes a US$ 5,000 donation to a charity of the winner’s choice. Past recipients of the award include: International Criminal Court The International Criminal Court ( ICC )

2074-681: The Office of the Prosecutor). It comprises the President and the First and Second Vice-Presidents—three judges of the Court who are elected to the Presidency by their fellow judges for a maximum of two three-year terms. As of March 2024, the President is Tomoko Akane from Japan , who took office on 11 March 2024, succeeding Piotr Hofmański . Her first term will expire in 2027. The Judicial Divisions consist of

2135-606: The Prosecutor (OTP) is responsible for conducting investigations and prosecutions. It is headed by the Prosecutor of the International Criminal Court, who is assisted by one or more Deputy Prosecutors. The Rome Statute provides that the Office of the Prosecutor shall act independently; as such, no member of the Office may seek or act on instructions from any external source, such as states, international organisations , non-governmental organisations or individuals. The Prosecutor may open an investigation under three circumstances: Any person being investigated or prosecuted may request

2196-443: The Prosecutor which puts forth the considerations given to the topics the office focuses on, and often the criteria for case selection. While a policy paper does not give the Court jurisdiction over a new category of crimes, it promises what the Office of Prosecutor will consider when selecting cases in the upcoming term of service. OTP's policy papers are subject to revision. The five following Policy Papers have been published since

2257-625: The Rome Statute entered into force on 1 July 2002 and the International Criminal Court was formally established. The first bench of 18 judges was elected by the Assembly of States Parties in February 2003. They were sworn in at the inaugural session of the Court on 11 March 2003. The Court issued its first arrest warrants on 8 July 2005, and the first pre-trial hearings were held in 2006. The Court issued its first judgment in 2012 when it found Congolese rebel leader Thomas Lubanga Dyilo guilty of war crimes related to using child soldiers . Lubanga

2318-441: The Rome Statute. Intended to serve as the "court of last resort", the ICC complements existing national judicial systems and may exercise its jurisdiction only when national courts are unwilling or unable to prosecute criminals. It lacks universal territorial jurisdiction and may only investigate and prosecute crimes committed within member states, crimes committed by nationals of member states, or crimes in situations referred to

2379-537: The Statute of the Court , including all the countries of South America, nearly all of Europe, most of Oceania and roughly half of Africa. Burundi and the Philippines were member states, but later withdrew effective 27 October 2017 and 17 March 2019, respectively. A further 29 countries have signed but not ratified the Rome Statute. The law of treaties obliges these states to refrain from "acts which would defeat

2440-496: The Statute. Forty-one additional states have neither signed nor acceded to the Rome Statute. Some of them, including China and India , are critical of the Court. The Court's management oversight and legislative body, the Assembly of States Parties, consists of one representative from each state party. Each state party has one vote and "every effort" has to be made to reach decisions by consensus . If consensus cannot be reached, decisions are made by vote. The Assembly

2501-485: The United Nations that hears disputes between states. Established in 2002 pursuant to the multilateral Rome Statute , the ICC is considered by its proponents to be a major step toward justice, and an innovation in international law and human rights . However, it has faced a number of criticisms . Some governments have refused to recognize the court's assertion of jurisdiction, with other civil groups also accusing

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2562-466: The assaults, and the trespass into private homes to kill and maim are all internationally recognised crimes of profound gravity; the abductions and taking of hostages, including women, children and the elderly , are crimes in violation of human rights and humanitarian law . The IBA went on to state that Israel, in taking defensive action, “must ensure that [Palestinian] civilian populations are shielded from harm and that military actions are conducted with

2623-581: The court of bias, Eurocentrism and racism . Others have also questioned the effectiveness of the court as a means of upholding international law. The establishment of an international tribunal to judge political leaders accused of international crimes was first proposed during the Paris Peace Conference in 1919 following the First World War by the Commission of Responsibilities . The issue

2684-533: The criminalisation of rape as a war crime or crime against humanity , including ratification of the Rome Statute of the International Criminal Court . In February 2023, the IBA reiterated its condemnation of "the illegal invasion of Ukraine , a sovereign nation," and stressed the need to hold the aggressor to account for its war crimes . The IBA and the Prosecutor General of Ukraine signed

2745-430: The disqualification of a judge from a particular case is decided by an absolute majority of the other judges. Judges may be removed from office if "found to have committed serious misconduct or a serious breach of his or her duties" or is unable to exercise his or her functions. The removal of a judge requires both a two-thirds majority of the other judges and a two-thirds majority of the states parties. The Office of

2806-461: The disqualification of a prosecutor from any case "in which their impartiality might reasonably be doubted on any ground".< Requests for the disqualification of prosecutors are decided by the Appeals Chamber. A prosecutor may be removed from office by an absolute majority of the states parties through a finding "to have committed serious misconduct or a serious breach of his or her duties" or

2867-512: The draft statute, the General Assembly established the Ad Hoc Committee on the Establishment of an International Criminal Court, which met twice in 1995. After considering the Committee's report, the General Assembly created the Preparatory Committee on the Establishment of the ICC to prepare a consolidated draft text. From 1996 to 1998, six sessions of the Preparatory Committee were held at

2928-492: The entry into force of the Rome Statute , a multilateral treaty that serves as the court's charter and governing document. States which become party to the Rome Statute become members of the ICC, serving on the Assembly of States Parties, which administers the court. As of October 2024, there are 125 ICC member states , 29 states have signed but not ratified the Rome Statute (including four who have withdrawn their signature) and 41 states have neither signed nor become parties to

2989-401: The first two decades was limited to bar associations and law societies, but in 1970, IBA membership was opened to individual lawyers. Members of the legal profession including barristers , advocates , solicitors , members of the judiciary, in-house lawyers, government lawyers, academics and law students comprise the membership of the IBA. The IBA has held Special Consultative status before

3050-573: The judicial functions of the Court. Disputes concerning individual cases are settled by the Judicial Divisions. In 2010, Kampala, Uganda hosted the Assembly's Rome Statute Review Conference. The Court has four organs: the Presidency, the Judicial Division, the Office of the Prosecutor, and the Registry. The Presidency is responsible for the proper administration of the Court (apart from

3111-407: The kind prosecuted after World War II. At the request of the General Assembly, the International Law Commission (ILC) drafted two statutes by the early 1950s but these were shelved during the Cold War , which made the establishment of an international criminal court politically unrealistic. Benjamin B. Ferencz , an investigator of Nazi war crimes after World War II and the Chief Prosecutor for

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3172-407: The object and purpose" of the treaty until they declare they do not intend to become a party to the treaty. Four signatory states—Israel in 2002, the United States on 6 May 2002, Sudan on 26 August 2008, and Russia on 30 November 2016 —have informed the UN Secretary General that they no longer intend to become states parties and, as such, have no legal obligations arising from their signature of

3233-428: The same state. They must be "persons of high moral character, impartiality and integrity who possess the qualifications required in their respective States for appointment to the highest judicial offices". The Prosecutor or any person being investigated or prosecuted may request the disqualification of a judge from "any case in which his or her impartiality might reasonably be doubted on any ground". Any request for

3294-411: The start of the ICC: The Policy Paper published in September 2016 announced that the ICC will focus on environmental crimes when selecting the cases. According to this document, the Office will give particular consideration to prosecuting Rome Statute crimes that are committed by means of, or that result in, "inter alia, the destruction of the environment, the illegal exploitation of natural resources or

3355-403: The treaty stemmed from the inclusion in the list of war crimes "the action of transferring population into occupied territory", a provision added during the Rome Conference at the insistence of Arab countries with the specific intention of targeting Israeli citizens. The UN General Assembly voted on 9 December 1999 and again on 12 December 2000 to endorse the ICC. Following 60 ratifications,

3416-427: The victims). The ICC is governed by the Assembly of States Parties, which is made up of the states that are party to the Rome Statute. The Assembly elects officials of the Court, approves its budget, and adopts amendments to the Rome Statute. The Court itself has four organs: the Presidency, the Judicial Divisions, the Office of the Prosecutor, and the Registry. As of October 2024 , 125 states are parties to

3477-413: Was addressed again at a conference held in Geneva under the auspices of the League of Nations in 1937, which resulted in the conclusion of the first convention stipulating the establishment of a permanent international court to try acts of international terrorism. The convention was signed by 13 states, but none ratified it and the convention never entered into force. Following the Second World War ,

3538-481: Was already forbidden in international conflicts. Resolution 6, pursuant to Article 5(2) of the Statute, provided the definition and a procedure for jurisdiction over the crime of aggression . The ICC has four principal organs: the Presidency, the Judicial Divisions, the Office of the Prosecutor and the Registry. The ICC employs over 900 personnel from roughly 100 countries and conducts proceedings in English and French. The ICC began operations on 1 July 2002, upon

3599-430: Was established in 2004 and consists of representatives from bar associations and law societies around the world. The current Executive Director of the IBA is Mark Ellis . The IBA's Human Rights Institute (IBAHRI) was established in 1995 under the honorary presidency of Nelson Mandela . The mission statement of the IBAHRI is "to promote, protect and enforce human rights under a just rule of law". IBAHRI undertakes

3660-402: Was selected in a secret ballot against three other candidates to serve as lead prosecutor as of 16 June 2021. As British barrister, Khan had headed the United Nations' special investigative team when it looked into Islamic State crimes in Iraq. At the ICC, he had been lead defense counsel on cases from Kenya, Sudan and Libya. A Policy Paper is a document occasionally published by the Office of

3721-462: Was sentenced to 14 years in prison. In 2010, the states parties of the Rome Statute held the first Review Conference of the Rome Statute of the International Criminal Court in Kampala , Uganda . The Review Conference led to the adoption of two resolutions that amended the crimes under the jurisdiction of the Court. Resolution 5 amended Article 8 on war crimes, criminalizing the use of certain kinds of weapons in non-international conflicts whose use

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