Jurisdiction

Question 1

Proof of age can be determined by which methods?

Answer 1

Either a sworn affidavit of a child or the medical evidence of a registered doctor

In the event of conflict, the medical evidence of a registered doctor prevails–MODUPE V COP

Question 2

What are the features of Juvenile courts?

Answer 2

1. Proceedings not held in public without the leave of the court
2. Identity of the offender not published without the leave of court
3. ‘Sentence’ and ‘conviction’ not used, instead a finding of guilt is made
4. No child shall be imprisoned
5. No young person shall be ordered to be imprisoned unless no other adequate solution
6. No young person imprisoned allowed to associate with adult prisoners
7. Relevant age is the age of commission of the offence-GUOBADIA V. STATE

Question 3

When was the International Criminal Court (ICC) established?

Answer 3

Established by the Rome Statute (RS) on 17th July 1998, with Nigeria ratifying the statute on 20th April 2002 and the court beginning sittings on 1st July, 2002

The ICC sits in Hague in Netherlands, but can sit elsewhere

Question 4

What are the objectives of the ICC?

Answer 4

CARE U
C- Compliment the national Justice system.
A- Achieve justice for all
R- Remedy deficiencies of advice tribunals
E- End Impunity

U- Uphold and end conflict

Question 5

What are the organs of the ICC?

Answer 5

CROP
C- Chambers
R- Registry
O- Office of the Prosecutor
P- Presidency

Question 6

What is the jurisdiction of the ICC?

Answer 6

Crimes of most serious international concern as defined in ARTICLES 1 & 5 RS

Question 7

What statute creates the International Criminal Court

Answer 7

The Rome Statute

Question 8

When did Nigeria ratify the Rome Statute

Answer 8

20th April 2002

Question 9

When did the ICC start sitting

Answer 9

1st July 2002

Question 10

Where does the ICC sit?

Answer 10

Hague in Netherlands

Question 11

What is the role of the Presidency as an organ of the ICC

Answer 11

ORE X A

O - Organization of the Work of the Judges
R - Represents the Court in the outside world
E - Ensuring the enforcements of Sentences imposed by the Courts

A - Administration of the Court with the exception of the office of the prosecutor.

It is made up of the President, the First Vice President and the Second Vice President.

Question 12

What is the Quorum of the Chambers of the ICC

Answer 12

Pre - Trial Division - 3
Trial Division - 3
Appeal Division - 5

Question 13

What is the Composition of the Various Divisions in the Chambers of the ICC

Answer 13

Pre - Trial - Division - Headed by the FVP and is made up of the FVP and six judges.

Trial Division - Headed by the SVP and is made up of the SVP and 3 judges

Appeal Division - Headed by the P and is made up of the President and 4 Judges
(Only exercises appellate jurisdiction over appeals from the Office of the Prosecutor and the Convict)

Question 14

Who is the role of the office of the prosecutor

Answer 14

RIC
R- Receives Complaint
I- Initiates trial in any of the Chambers exercising original jurisdiction.
C- Conducts Investigation

Question 15

Matters ICC has jurisdiction over

Answer 15

1. Genocide
2. Crimes Against Humanity
3. War Crimes
4. Crimes of Aggression.

Question 16

Does AGF/AGS have a right of audience in ICC court?

Answer 16

No but they can make referrals to the ICC

Question 17

Sanctions that can be imposed by ICC

Answer 17

1. Imprisonment for a term not exceeding 30 years
2. Life Imprisonment (not affected by the restrictions on term of years)
3. Fine
4. Order of forfeiture of proceeds or assets derived from the crime.

Question 18

How Can ICC’s jurisdiction be triggered

Answer 18

1. Referral by State Party
2. Referral by the Security Council of United Nations
3. Investigation by the Prosecutor of the ICC suo moto

Question 19

Does ICC have jurisdiction over persons below 18?

Answer 19

No they don’t

Question 20

Does Doctrine of State immunity apply to ICC?

Answer 20

No Heads of States can be tried at the ICC

Question 21

In the event of conflict between a sworn affidavit of a child and the medical evidence of a registered doctor, the latter will prevail.
What’s the authority

Answer 21

MODUPE V COP

Question 22

MODUPE V COP

Answer 22

In the event of conflict between a sworn affidavit of a child and the medical evidence of a registered doctor, the latter will prevail

Question 23

How can the age of a child/ Young Person be determined.

Answer 23

1. Birth certificate; direct/documentary evidence
2. Oral evidence of parents or guardian
3. Expert Evidence- Medical evidence from a registered medical doctor in a government hospital.- This would be
   preferred to oral evidence of parents where they conflict– MODUPE v. COP
4. Physical appearance