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7 Eyes on the ICC 1 (2010-2011)
A Note from the Editor-in-Chief

handle is hein.journals/eyesicc7 and id is 3 raw text is: A NOTE FROM THE EDITOR-IN-CHIEF December 2010 2010 has been a year of great achievements and challenges at the International Criminal Court (ICC). The Court took a more proactive stand in bringing alleged perpetrators to justice by granting the Office of the Prosecutor the right to open an investigation into the situation in Kenya and by admitting the additional charge of genocide to the arrest warrant against the Head of State of the Republic of Sudan, Omar Al- Bashir. The Bemba trial commenced on 22 November 2010. Mr. Mbarushimana, who was arrested by the French authorities on 11 October 2010, will likely be tried at the ICC after the Paris Court of Appeals approved his extradition to the Court. Mbarushimana will be the fourth person to be brought before the ICC in relation to the situation of the Democratic Republic of Congo. The rules on criminal procedure were further developed and strengthened due to emerging case law, which has provided the ICC with an approach on how to handle victims' issues and appeals procedures. The States Parties to the Rome Statute agreed on a definition for the crime of aggression at the ICC Review Conference, which took place from 31 May to 11 June 2010 in Kampala, Uganda. Naturally, the reactions to the outcome were mixed. Some felt that the Review Conference did not reach the desired outcome, as the field of application for the crime of aggression was given a limited scope. According to Article 15bis, the Court will only be able to claim jurisdiction for crimes of aggression committed by a State Party that accepted (by omission) that jurisdiction against another State Party to the Statute. Others stressed that by not requiring that allegations of aggression be dependent upon a final approval by the U.N. Security Council, the ICC was spared an overt amount of political interference and, as such, the Court was able to preserve its role as a strictly judicial organ. The ICC also faced numerous challenges. The dilemma of non-disclosure of evidence, which started in 2009, reached a climax in 2010. ICC Trial Chamber I was forced to bring the Lubanga trial to a halt and to order the provisional release of the Accused. The Defense had not been provided with the evidentiary material to which it was entitled for purposes of a fair trial. Orders of the Chamber were not sufficiently complied with by the ICC Office of the Prosecutor. Lubanga's provisional release was overturned on appeal by the ICC Appeals Chamber.

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