Instead of dealing with real criminal political mafia and millions of innocent people worldwide , went deals today problems must witness ( subordination of witnesses) .
We are not fooled as a distraction to see her close the case prosecutor Moreno who bribed him cookies.
ICC works with all the secret services of the world, she will say that she did not check the veracity of the witnesses before the grant ? False , she systematically .
The case of Congolese MP Babala arrested this week is an opportunity to explore the ICC and the Constitution.
The ICC does not become like the International Course Instance ? ?
To you the answer ...
1 . In March 2004 , the head of the Congolese government had written to the ICC to bring him the right to direct prosecution in the country . The waiver of the concurrent jurisdiction of Congolese courts still persists.
2 . But when in 2006, the ICC issued an arrest warrant against the criminal Bosco Ntaganda, the same power had refused to cooperate with the ICC for 6 years, to say that the military would be found only in the DRC and would benefit from a Notwithstanding the 2004 letter . Finally , the applicant has made itself via Rwanda.
3 . In November 2013, the ICC wants to hear cases of subornation of perjury and tampering with evidence . It is not major crimes (Nb genocide , war crimes , crimes against humanity) for which the ICC was established . These " abuses in the administration of justice."
The Rome Statute states that the cooperation of States for the prosecution of these offenses is under the national legislation of the State concerned and that these actions may be referred to the State concerned (Article 70 1, 2 and 4 of the Statute of Rome).
4 . This is not discussed : one member does not enjoy immunity from prosecution by the ICC. According to Article 27.2 of the Rome Statute " Immunities or special procedural rules which may attach to the official capacity of a person, whether under national law or international law , shall not bar the Court from exercising its jurisdiction over such a person . "
But in terms of " offenses against the administration of justice " ( Art 70 , 4) apply national procedures for cooperation , that is to say , arrest and transfer to The Hague.
The proof in the case of subornation of witnesses, where there are five defendants, the ICC recognized the Netherlands and France not to supply concerned only after completion of their national procedures
(Decision of Judge Cuno Tarfuser on http://www.icc-cpi.int/en_menus/icc/press % 20and% 20media/press
20releases/Documents/ma147/doc1688311.pdf ) .
This ability also applied to the DRC that national proceedings involving a member parliamentary session.
5 . This is not discussed either: completion of formalities arrest does not contradict the principle of prosecution themselves. The Netherlands and France are not in rebellion against the ICC because the co- accused Jean- Jacques Mangenda and Narcisse Arido were not brought directly by respecting their laws.
And if simple Dutch and French laws are applicable , a fortiori, the Congolese procedure should be performed , because it is dictated by the Constitution.
6 . It is equally indisputable : the Constitution is the supreme law . While the Treaty of Rome premium on laws, but not the Constitution.
For Babala case , the conflict between the Rome Statute and the Constitution is apparent . The Constitution does not grant immunity other than temporary and not up to the member from prosecution .
In fact, we have seen that the National Assembly have met in 24 hours , and we could leave the opportunity to vote .
Even if there was a vote against the arrest warrant , it would have just led the ICC to seek prosecution in local courts (Article 70 of the Rome Statute 4 )
In the future, if there arose a real conflict between a treaty and the Constitution , there are control mechanisms constitutionality of treaties by the Constitutional Court. The conflict finally solves a revision of the Constitution. In other words, the Constitution premium as it has not been changed ...
MORALITY : How far will the ICC in its deviation pushing international opinion doubted its existence if it is not the hand set disguised colonial justice in poor countries ... Bush , Sarkozy , Ouatara , Bozizé , Kabila etc ... they are not destructive political thugs lives? ?
-- We are not fooled as a distraction to see her close the case prosecutor Moreno who bribed him cookies.
ICC works with all the secret services of the world, she will say that she did not check the veracity of the witnesses before the grant ? False , she systematically .
The case of Congolese MP Babala arrested this week is an opportunity to explore the ICC and the Constitution.
The ICC does not become like the International Course Instance ? ?
To you the answer ...
1 . In March 2004 , the head of the Congolese government had written to the ICC to bring him the right to direct prosecution in the country . The waiver of the concurrent jurisdiction of Congolese courts still persists.
2 . But when in 2006, the ICC issued an arrest warrant against the criminal Bosco Ntaganda, the same power had refused to cooperate with the ICC for 6 years, to say that the military would be found only in the DRC and would benefit from a Notwithstanding the 2004 letter . Finally , the applicant has made itself via Rwanda.
3 . In November 2013, the ICC wants to hear cases of subornation of perjury and tampering with evidence . It is not major crimes (Nb genocide , war crimes , crimes against humanity) for which the ICC was established . These " abuses in the administration of justice."
The Rome Statute states that the cooperation of States for the prosecution of these offenses is under the national legislation of the State concerned and that these actions may be referred to the State concerned (Article 70 1, 2 and 4 of the Statute of Rome).
4 . This is not discussed : one member does not enjoy immunity from prosecution by the ICC. According to Article 27.2 of the Rome Statute " Immunities or special procedural rules which may attach to the official capacity of a person, whether under national law or international law , shall not bar the Court from exercising its jurisdiction over such a person . "
But in terms of " offenses against the administration of justice " ( Art 70 , 4) apply national procedures for cooperation , that is to say , arrest and transfer to The Hague.
The proof in the case of subornation of witnesses, where there are five defendants, the ICC recognized the Netherlands and France not to supply concerned only after completion of their national procedures
(Decision of Judge Cuno Tarfuser on http://www.icc-cpi.int/
20releases/Documents/
This ability also applied to the DRC that national proceedings involving a member parliamentary session.
5 . This is not discussed either: completion of formalities arrest does not contradict the principle of prosecution themselves. The Netherlands and France are not in rebellion against the ICC because the co- accused Jean- Jacques Mangenda and Narcisse Arido were not brought directly by respecting their laws.
And if simple Dutch and French laws are applicable , a fortiori, the Congolese procedure should be performed , because it is dictated by the Constitution.
6 . It is equally indisputable : the Constitution is the supreme law . While the Treaty of Rome premium on laws, but not the Constitution.
For Babala case , the conflict between the Rome Statute and the Constitution is apparent . The Constitution does not grant immunity other than temporary and not up to the member from prosecution .
In fact, we have seen that the National Assembly have met in 24 hours , and we could leave the opportunity to vote .
Even if there was a vote against the arrest warrant , it would have just led the ICC to seek prosecution in local courts (Article 70 of the Rome Statute 4 )
In the future, if there arose a real conflict between a treaty and the Constitution , there are control mechanisms constitutionality of treaties by the Constitutional Court. The conflict finally solves a revision of the Constitution. In other words, the Constitution premium as it has not been changed ...
MORALITY : How far will the ICC in its deviation pushing international opinion doubted its existence if it is not the hand set disguised colonial justice in poor countries ... Bush , Sarkozy , Ouatara , Bozizé , Kabila etc ... they are not destructive political thugs lives? ?
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