The Establishment and functions of International

Criminal Court (ICC)

Lidetu Yimer
I. The International Criminal Court at a glance
The International Criminal Court (“the ICC” or “the Court”) is a permanent
international court established to investigate, prosecute and try individuals accused
of committing the most serious crimes of concern to the international community as a
whole, namely the crime of genocide, crimes against humanity, war crimes and the
crime of aggression. The seat of the Court is in The Hague in the Netherlands. The
Rome Statute provides that the Court may sit elsewhere whenever the judges
consider it desirable. The Court has also set up offices in the areas where it is
conducting investigations. The Court is funded by contributions from the States
Parties and by voluntary contributions from governments, international organizations,
individuals, corporations and other entities.

The ICC is a permanent autonomous court, whereas the ad hoc tribunals for the
former Yugoslavia and Rwanda, as well as other similar courts established within the
framework of the United Nations to deal with specific situations only have a limited
mandate and jurisdiction. The ICC, which tries individuals, is also different from the
International Court of Justice, which is the principal judicial organ of the United
Nations for the settlement of disputes between States. The ad hoc tribunals for the
former Yugoslavia and the International Court of Justice also have their seats in The
Hague. The ICC is not an agent of the United Nations. It is an independent body
whose mission is to try individuals for crimes within its jurisdiction without the need
for a special mandate from the United Nations. On 4 October 2004, the ICC and the
United Nations signed an agreement governing their institutional relationship.

The ICC does not replace national criminal justice systems; rather, it complements
them. It can investigate and, where warranted, prosecute and try individuals only if
the State concerned does not, cannot or is unwilling genuinely to do so. This might
occur where proceedings are unduly delayed or are intended to shield individuals
from their criminal responsibility. This is known as the principle of complementarity,
under which priority is given to national systems. States retain primary responsibility
for trying the perpetrators of the most serious of crimes. When a State becomes a
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 party to the Rome Statute, it agrees to submit itself to the jurisdiction of the ICC with
respect to the crimes enumerated in the Statute. The Court may exercise its
jurisdiction in situations where the alleged perpetrator is a national of a State Party or
where the crime was committed in the territory of a State Party. Also, a State not
party to the Statute may decide to accept the jurisdiction of the ICC. These
conditions do not apply when the Security Council, acting under Chapter VII of the
United Nations Charter, refers a situation to the Office of the Prosecutor.

The ICC has jurisdiction only with respect to events which occurred after the entry
into force of its Statute on 1 July 2002. If a State becomes a party to the Statute after
its entry into force, the Court may exercise its jurisdiction only with respect to crimes
committed after the entry into force of the Statute for that State, unless that State has
made a declaration accepting the jurisdiction of the ICC retroactively. However, the
Court cannot exercise jurisdiction with respect to events which occurred before 1
July 2002. For a new State Party, the Statute enters into force on the first day of the
month after the 60th day following the date of the deposit of its instrument of
ratification, acceptance, approval or accession. The ICC has also jurisdiction over
individuals, not groups or States. Any individual who is alleged to have committed
crimes within the jurisdiction of the ICC may be brought before the ICC. In fact, the
Office of the Prosecutor’s prosecutorial policy is to focus on those who, having
regard to the evidence gathered, bear the greatest responsibility for the crimes, and
does not take into account any official position that may be held by the alleged
perpetrators. However the Court has no jurisdiction with respect to any person who
was under the age of 18 when the crimes concerned were committed. Otherwise No
one is exempt from prosecution because of his or her current functions or because of
the position he or she held at the time the crimes concerned were committed. Acting
as a Head of State or Government, minister or parliamentarian does not exempt
anyone from criminal responsibility before the ICC. In some circumstances, a person
in a position of authority may even be held responsible for crimes committed by
those acting under his or her command or orders. Likewise, amnesty cannot be used
as a defense before the ICC. As such, it cannot bar the Court from exercising its
jurisdiction.

We the group members for this assignment would like to say something about the
allegation that the ICC is only targeting African countries. We don’t think it true. As
far as we know, the ICC is concerned with countries that have accepted the Court’s
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 jurisdiction and these are in all continents. African countries made great contributions
to the establishment of the Court and influenced the decision to have an independent
Office of the Prosecutor. In 1997, the Southern African Development Community
(SADC) was very active in supporting the proposed Court and its declaration on the
matter was endorsed in February 1998, by the participants of the African Conference
meeting in Dakar, Senegal, through the “Declaration on the Establishment of the
International Criminal Court”. At the Rome Conference itself, the most meaningful
declarations about the Court were made by Africans. Without African support the
Rome Statute might never have been adopted. In fact, Africa is the most heavily
represented region in the Court’s membership. The trust and support comes not only
from the governments, but also from civil society organizations. The Court has also
benefited from the professional experience of Africans and a number of Africans
occupy high-level positions in all organs of the Court. The majority of ICC
investigations were opened at the request of or after consultation with African
governments. Other investigations were opened following a referral by the United
Nations Security Council, where African governments are also represented.

A. The Establishment of The ICC

The establishment of the court had reasons. Some of the most heinous crimes were
committed during the conflicts which marked the twentieth century. Unfortunately,
many of these violations of international law have remained unpunished. The
Nuremberg and Tokyo tribunals were established in the wake of the Second World
War. In 1948, when the Convention on the Prevention and Punishment of the Crime
of Genocide was adopted, the United Nations General Assembly recognized the
need for a permanent international court to deal with the kinds of atrocities which had
just been perpetrated.

The idea of a system of international criminal justice re-emerged after the end of the
Cold War. However, while negotiations on the ICC Statute were underway at the
United Nations, the world was witnessing the commission of heinous crimes in the
territory of the former Yugoslavia and in Rwanda. In response to these atrocities, the
United Nations Security Council established an ad hoc tribunal for each of these
situations. These events undoubtedly had a most significant impact on the decision
to convene the conference which established the ICC in Rome in the summer of
1998.

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 B. The Rome Statute
On 17 July 1998, a conference of 160 States established the first treaty-based
permanent international criminal court. The treaty adopted during that conference is
known as the Rome Statute of the International Criminal Court. Among other things,
it sets out the crimes falling within the jurisdiction of the ICC, the rules of procedure
and the mechanisms for States to cooperate with the ICC. The countries which have
accepted these rules are known as States Parties and are represented in the
Assembly of States Parties. The Assembly of States Parties, which meets at least
once a year, sets the general policies for the administration of the Court and reviews
its activities. During those meetings, the States Parties review the activities of the
working groups established by the States and any other issues relevant to the ICC,
discuss new projects and adopt the ICC’s annual budget. Over 120 countries are
States Parties to the Rome Statute, representing all regions: Africa, the Asia- Pacific,
Eastern Europe, Latin America and the Caribbean, as well as Western European and
North America.

II. Structure of the ICC

The ICC is composed of four organs: the Presidency, the Chambers, the Office of
the Prosecutor and the Registry. Each of these organs has a specific role and
mandate. The Presidency consists of three judges (the President and two Vice-
Presidents) elected by an absolute majority of the 18 judges of the Court for a
maximum of two, three-year terms. The Presidency is responsible for the
administration of the Court, with the exception of the Office of the Prosecutor. It
represents the Court to the outside world and helps with the organization of the work
of the judges. The Presidency is also responsible for carrying out other tasks, such
as ensuring the enforcement of sentences imposed by the Court.

The 18 judges, including the three judges of the Presidency, are assigned to the
Court’s three judicial divisions: the Pre-Trial Division (composed of seven judges),
the Trial Division (composed of six judges), and the Appeals Division (composed of
five judges). They are assigned to the following Chambers: the Pre-Trial Chambers
(each composed of one or three judges), the Trial Chambers (each composed of

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 three judges) and the Appeals Chamber (composed of the five judges of the Appeals
Division).

When we see the qualities of the judges and how they elected, they are persons of
high moral character, impartiality and integrity who possess the qualifications
required in their respective States for appointment to the highest judicial offices. All
have extensive experience relevant to the Court’s judicial activity. The judges are
elected by the Assembly of States Parties on the basis of their established
competence in criminal law and procedure and in relevant areas of international law
such as international humanitarian law and the law of human rights. They have
extensive expertise on specific issues, such as violence against women or children.
The election of the judges takes into account the need for the representation of the
principal legal systems of the world, a fair representation of men and women, and
equitable geographical distribution. They should make ensure the fairness of
proceedings and the proper administration of justice.

The Pre-Trial Chambers, each of which is composed of either one or three judges,
resolve all issues which arise before the trial phase begins. Their role is essentially to
supervise how the Office of the Prosecutor carries out its investigatory and
prosecutorial activities, to guarantee the rights of suspects, victims and witnesses
during the investigatory phase, and to ensure the integrity of the proceedings. The
Pre-Trial Chambers then decide whether or not to issue warrants of arrest or
summons to appear at the Office of the Prosecutor’s request and whether or not to
confirm the charges against a person suspected of a crime. They may also decide on
the admissibility of situations and cases and on the participation of victims at the pre-
trial stage. The role of the chamber can be described as follows.

Once an arrest warrant is issued, the alleged perpetrator arrested and the charges
confirmed by a Pre- Trial Chamber, the Presidency constitutes a Trial Chamber
composed of three judges to try the case. A Trial Chamber’s primary function is to
ensure that trials are fair and expeditious and are conducted with full respect for the
rights of the accused and due regard for the protection of the victims and the
witnesses. It also rules on the participation of victims at the trial stage. The Trial
Chamber determines whether an accused is innocent or guilty of the charges and, if
he or she is found guilty, may impose a sentence of imprisonment for a specified
number of years not exceeding a maximum of thirty years or life imprisonment.
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 Financial penalties may also be imposed. A Trial Chamber may thus order a
convicted person to make reparations for the harm suffered by the victims, including
compensation, restitution or rehabilitation.

The Appeals Chamber is composed of the President of the Court and four other
judges. All parties to the trial may appeal or seek leave to appeal decisions of the
Pre-Trial and Trial Chambers. The Appeals Chamber may uphold, reverse or amend
the decision appealed from, including judgments and sentencing decisions, and may
even order a new trial before a different Trial Chamber. It may also revise a final
judgment of conviction or sentence.

The Office of the Prosecutor is another structure in the ICC which is an independent
organ of the Court. Its mandate is to receive and analyze information on situations or
alleged crimes within the jurisdiction of the ICC, to analyze situations referred to it in
order to determine whether there is a reasonable basis to initiate an investigation into
a crime of genocide, crimes against humanity, war crimes or the crime of aggression,
and to bring the perpetrators of these crimes before the Court. In order to fulfill its
mandate, the Office of the Prosecutor is composed of three divisions:

i. The Investigation Division, which is responsible for conducting investigations

(including gathering and examining evidence, questioning persons under
investigation as well as victims and witnesses). In this respect, for the
purpose of establishing the truth, the Statute requires the Office of the
Prosecutor to investigate incriminating and exonerating circumstances
equally.
ii. The Prosecution Division has a role in the investigative process, but its
principal responsibility is litigating cases before the various Chambers of the
Court.
iii. The Jurisdiction, Complementarity and Cooperation Division, which, with the
support of the Investigation Division, assesses information received and
situations referred to the Court, analyses situations and cases to determine
their admissibility and helps secure the cooperation required by the Office of
the Prosecutor in order to fulfill its mandate.

The last organ which is the Registry helps the Court to conduct fair, impartial and
public trials. The core function of the Registry is to provide administrative and
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 operational support to the Chambers and the Office of the Prosecutor. It also
supports the Registrar’s activities in relation to defense, victims, and communication
and security matters. It ensures that the Court is properly serviced and develops
effective mechanisms for assisting victims, witnesses and the defense in order to
safeguard their rights under the Rome Statute and the Rules of Procedure and
Evidence. As the Court’s official channel of communication, the Registry also has
primary responsibility for the ICC’s public information and outreach activities.

III. Crimes within the Jurisdiction of the

ICC
The mandate of the Court is to try individuals (rather than States), and to hold such
persons accountable for the most serious crimes of concern to the international
community as a whole, namely the crime of genocide, war crimes, crimes against
humanity, and the crime of aggression, when the conditions for the exercise of the
Court’s jurisdiction over the latter are fulfilled.

A. Genocide
According to the Rome Statute, “genocide” means any of the following acts
committed with the intent to destroy, in whole or in part, a national, ethnical, racial or
religious group:
 killing members of the group;
 causing serious bodily or mental harm to members of the group;
 deliberately inflicting on the group conditions of life calculated to bring
about its physical destruction in whole or in part;
 imposing measures intended to prevent births within the group;
 Forcibly transferring children of the group to another group.

B. Crimes against humanity

“Crimes against humanity” include any of the following acts committed as part of a
widespread or systematic attack directed against any civilian population, with
knowledge of the attack:
 murder;
 extermination;
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  enslavement;
 deportation or forcible transfer of population;
 imprisonment;
 torture;
 rape, sexual slavery, enforced prostitution, forced pregnancy, enforced
sterilization, or any other form of sexual violence of comparable gravity;
 persecution against an identifiable group on political, racial, national, ethnic,
cultural, religious or gender grounds;
 enforced disappearance of persons; the crime of apartheid;
 Other inhumane acts of a similar character intentionally causing great
suffering or serious bodily or mental injury.

C. War crimes
“War crimes” include grave breaches of the Geneva Conventions and other serious
violations of the laws and customs applicable in international armed conflict and in
conflicts “not of an international character” listed in the Rome Statute, when they are
committed as part of a plan or policy or on a large scale. These prohibited acts
include:
 murder;
 mutilation, cruel treatment and torture;
 taking of hostages;
 intentionally directing attacks against the civilian population;
 intentionally directing attacks against buildings dedicated to religion,
education, art, science or charitable purposes, historical monuments or
hospitals;
 pillaging;
 rape, sexual slavery, forced pregnancy or any other form of sexual violence;
 Conscripting or enlisting children under the age of 15 years into armed forces
or groups or using them to participate actively in hostilities.

D. Crime of Aggression
As adopted by the Assembly of States Parties during the Review Conference of the
Rome Statute, held in Kampala (Uganda) between 31 May and 11 June 2010, a
“crime of aggression” means the planning, preparation, initiation or execution of an
act of using armed force by a State against the sovereignty, territorial integrity or
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 political independence of another State. The act of aggression includes, among other
things, invasion, military occupation, and annexation by the use of force, blockade of
the ports or coasts, if it is considered being, by its character, gravity and scale, a
manifest violation of the Charter of the United Nations. The perpetrator of the act of
aggression is a person who is in a position effectively to exercise control over or to
direct the political or military action of a State. The ICC may exercise jurisdiction over
the crime of aggression, subject to a decision to be taken after 1 January 2017 by a
two-thirds majority of States Parties and subject to the ratification of the amendment
concerning this crime by at least 30 States Parties.

IV. How does the ICC operate?

A. Referrals, Analyses and investigations
Any State Party to the Rome Statute can request the Office of the Prosecutor to
carry out an investigation. A State not party to the Statute can also accept the
jurisdiction of the ICC with respect to crimes committed in its territory or by one of its
nationals, and request the Office of the Prosecutor to carry out an investigation. The
United Nations Security Council may also refer a situation to the Court. Furthermore,
if the Office of the Prosecutor receives reliable information about crimes involving
nationals of a State Party or of a State which has accepted the jurisdiction of the ICC
or about crimes committed in the territory of such a State, and concludes that there is
a reasonable basis to proceed with an investigation. Such information can be
provided by individuals, intergovernmental or non-governmental organizations, or
any other reliable sources. The Prosecution must, however, obtain permission from
the Pre-Trial Chamber judges before initiating an investigation under such
circumstances.

After the situation referred to the court for investigation, The Prosecutor determines
whether, in his or her opinion, the Court has jurisdiction with respect to the alleged
crimes. Following a thorough analysis of the available information, the Prosecution
decides whether there is a reasonable basis to proceed with an investigation. Thus, it
must establish whether the crime of genocide, crimes against humanity or war
crimes may have been committed and, if so, whether they were committed after 1
July 2002. The Prosecution must also ascertain whether any national authorities are
conducting a genuine investigation or trial of the alleged perpetrators of the crimes.
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 Lastly, it must notify the States Parties and other States which may have jurisdiction
of its intention to initiate an investigation.

B. Arrests
After the initiation of an investigation, only a Pre-Trial Chamber may, at the request
of the Prosecution, issue a warrant of arrest or summons to appear if there are
reasonable grounds to believe that the person concerned has committed a crime
within the ICC’s jurisdiction. When the Prosecution requests the issuance of a
warrant of arrest or summons to appear, it must provide the judges with the following
information:
 the name of the person;
 a description of the crimes the person is believed to have committed;
 a concise summary of the facts (the acts alleged to be crimes);
 a summary of the evidence against the person;
 The reasons why the Prosecution believes that it is necessary to arrest the
person.

The judges will issue a warrant of arrest if it appears necessary to ensure that the
person will actually appear at trial, that he or she will not obstruct or endanger the
investigation or the Court’s proceedings, or to prevent the person from continuing to
commit crimes. Then after the warrant of arrest issued, the Registrar transmits
requests for cooperation seeking the arrest and surrender of the suspect to the
relevant State or to other States, depending on the decision of the judges in each
case. Once the person is arrested and the Court is so informed, the Court ensures
that the person receives a copy of the warrant of arrest in a language which he or
she fully understands and speaks.

After the person arrested, he or she brought promptly before the competent judicial
authority in the custodial State, which determines whether the warrant is indeed for
the arrested person, whether the person was arrested consistently with due process
and whether the person’s rights have been respected. Once an order for surrender is
issued, the person is delivered to the Court, and held at the Detention Centre in The
Hague, The Netherlands. The Detention Centre operates in conformity with the
highest international human rights standards for the treatment of detainees, such as
the United Nations Standard Minimum Rules. An independent inspecting authority

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 conducts regular and unannounced inspections of the Centre in order to examine
how detainees are being held and treated. At the ICC Detention Centre, the daily
schedule affords the detainees the opportunity to take walks in the courtyard,
exercise, receive medical care, take part in manual activities and have access to the
facilities at their disposal for the preparation of their defense. Additionally, the center
has multimedia facilities and offers a series of training, leisure and sports programs.
ICC detainees also have access to computers, TV, books and magazines. Those
who are indigent have the right to call their Defense Counsel free of charge during
official working hours. Each 10m2 cell is designed to hold one person only. A
standard cell contains a bed, desk, shelving, a cupboard, toilet, hand basin, TV and
an intercom system to contact the guards when the cell is locked. The Court provides
three meals per day, but the detainees also have access to a communal kitchen if
they wish to cook. A shopping list is also available to detainees so that they can
procure additional items, to the extent possible. All detainees may be visited by their
families several times a year and, in the case of detainees declared indigent, at the
Court’s expense, to the extent possible. Persons convicted of crimes under the
jurisdiction of the ICC do not serve their sentence at the ICC Detention Centre in The
Hague as the facility is not designed for long-term imprisonment. Convicted persons
are therefore transferred to a prison outside The Netherlands, in a State designate
by the Court from a list of States which have indicated their willingness to allow
convicted persons to serve their sentence there.

C. The Rights of Suspects

Everyone is presumed innocent until proven guilty before the Court. The Prosecution
must prove the guilt of the suspect and a Trial Chamber will convict someone only if
it is satisfied that the charges have been proven beyond reasonable doubt.
Therefore, Suspects are presumed innocent. They are present in the courtroom
during the trial, and they have a right to a public, fair and impartial hearing of their
case. To this end, a series of guarantees are set out in the Court’s legal documents,
including the following rights, to mention but a few:
 to be defended by the counsel (lawyer) of their choice, present evidence
and witnesses of their own and to use a language which they fully
understand and speak;
 to be informed in detail of the charges in a language which they fully
understand and speak;

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  to have adequate time and facilities for the preparation of the defense
and to communicate freely and in confidence with counsel;
 to be tried without undue delay;
 not to be compelled to testify or to confess guilt and to remain silent,
without such silence being a consideration in the determination of guilt
or innocence;
 to have the Prosecution disclose to the defense evidence in its
possession or control which it believes shows or tends to show the
innocence of the accused, or to mitigate the guilt of the accused, or
which may affect the credibility of the Prosecution’s evidence.

Suspects also have the right to legal assistance in any case where the interests of
justice so require and, if the suspect does not have the means to pay for it, to legal
assistance assigned by the Court.

The role of the office of public counsel for the defense is to promotes, represents and
researches the rights of the defense, raises the profile of substantive defense issues,
and endeavors to achieve equality of arms for the defense at all stages of an
investigation and trial. The Office is independent in terms of its substantive functions,
but falls within the remit of the Registry solely for administrative purposes.

D. Confirmation of charges before trial

The suspect’s first appearance before the Court takes place shortly after his or her
arrival in The Hague. During the first appearance, the Pre-Trial Chamber confirms
the identity of the suspect, ensures that the suspect understands the charges,
confirms that language in which the proceedings should be conducted, and sets a
date to begin the confirmation of charges hearing. At the confirmation of charges
hearing – which is not a trial, but a pre-trial hearing – the Prosecution must present
sufficient evidence for the case to go to trial. The suspect’s defense may object to
the charges, challenge the Prosecution’s evidence and also present evidence. The
confirmation of charges hearing is held in the presence of the Prosecution, the
person being prosecuted, and his or her counsel, as well as the representative of the
victims. As provided by article 61 of the Statute, the suspect can waive his or her
right to be present at this hearing.

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 Following a confirmation of charges hearing, a Pre-Trial Chamber may:
 decline to confirm the charges; such a decision does not prevent the
Prosecution from presenting a subsequent request for confirmation of the
charges on the basis of additional evidence;
 adjourn the hearing and request the Prosecution to consider providing further
evidence or conducting further investigation, or amending the charges
because the available evidence shows that a different crime was committed;
 Confirm the charges and commit the case for trial; upon confirmation, the
Presidency of the Court constitutes a Trial Chamber responsible for the
subsequent phase of the proceedings: the trial.

After the confirmation of charges, the Pre-Trial Chamber commits the case for trial
before a Trial Chamber, which will conduct the subsequent phase of the
proceedings: the trial. Before the commencement of the trial, the judges of the Trial
Chamber consider procedural issues that may be submitted to them by the parties
and hold hearings to prepare for trial and to resolve procedural matters in order to
facilitate the fair and expeditious conduct of the proceedings.

E. The Trial
Trials take place at the seat of the Court in The Hague, unless the judges decide to
hole the trial elsewhere. This issue has been raised in several cases. The accused
must be present at his or her trial, which is held in public, unless the Chamber
determines that certain proceedings be conducted in closed session in order to
protect the safety of victims and witnesses or the confidentiality of sensitive
evidentiary material.

At the commencement of the trial, the Trial Chamber causes the charges against the
accused to be read out to him or her and asks whether he or she understands them.
The Chamber then asks the accused to make an admission of guilt or to plead not
guilty. If the accused makes an admission of guilt, First, the Trial Chamber ensures
that the accused understands the nature and consequences of the admission of guilt,
that the admission is voluntarily made by the accused after sufficient consultation
with his or her lawyer and that the admission of guilt is supported by the facts of the
case that are contained in the evidence and charges brought by the Prosecution and
admitted by the accused. Where the Trial Chamber is satisfied that these conditions
have been met, it may convict the accused of the crime charged. If it is not satisfied
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 that the conditions have been met, the Chamber shall consider the admission of guilt
as not having been made, in which case it shall order that the trial be continued.

At trial, the Prosecution and Counsel for the Defense have the opportunity to present
their case. The Prosecution must present evidence to the Court to prove that the
accused person is guilty beyond all reasonable doubt. This evidence may be in the
form of documents, other tangible objects, or witness statements. The Prosecution
must also disclose to the accused any evidence which may show that he or she is
innocent. The Prosecution presents its case first and calls witnesses to testify. When
the Prosecution has finished examining each witness, the Counsel for the Defense is
given the opportunity to also examine the witness. Once the Prosecution has
presented all its evidence, it is the turn of the accused, with the assistance of his or
her counsel, to present his or her defense.

F. Judgment and sentence

Once the parties have presented their evidence, the Prosecution and the Defense
are invited to make their closing statements. The Defense always has the opportunity
to speak last. The judges may order reparations to victims, including restitution,
compensation and rehabilitation. To this end, they may make an order directly
against a convicted person. After hearing the victims and the witnesses called to
testify by the Prosecution and the Defense and considering the evidence, the judges
decide whether the accused person is guilty or not guilty. The sentence is
pronounced in public and, wherever possible, in the presence of the accused, and
victims or their legal representatives, if they have taken part in the proceedings.

The judges may impose a prison sentence, to which may be added a fine or
forfeiture of the proceeds, property and assets derived directly or indirectly from the
crime committed. The Court cannot impose a death sentence. The maximum
sentence is 30 years. However, in extreme cases, the Court may impose a term of
life imprisonment. After sentencing convicted persons serve their prison sentences in
a State designated by the Court from a list of States which have indicated to the
Court their willingness to accept convicted persons. The conditions of imprisonment
are governed by the laws of the State of enforcement and must be consistent with
widely accepted international treaty standards governing the treatment of prisoners.

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 Such conditions may not be more or less favorable than those available to prisoners
convicted of similar offences in the State of enforcement.

G.Appeals and Revision

Any party may appeal the decisions of a Pre-Trial or Trial Chamber. The Prosecution
may appeal against a conviction or acquittal on any of the following grounds:
procedural error, error of fact or error of law.

The convicted person or the Prosecution may also appeal on any other ground that
affects the fairness or reliability of the proceedings or the decision, in particular on
the ground of disproportion between the sentence and the crime. The legal
representatives of the victims, the convicted person, or a bona fide owner of property
adversely affected by an order for reparations to the victims may also appeal against
such an order. The Appeals Chamber may reverse or amend the decision or
conviction or order a new trial before a different Trial Chamber.

The decision can be revised. The convicted person or the Prosecution may apply to
the Appeals Chamber to revise a final judgment of conviction or sentence where:
 new and important evidence has been discovered;
 it has been newly discovered that decisive evidence, taken into account at
trial and upon which the conviction depends, was false, forged or falsified;
 one or more of the judges has committed an act of serious misconduct or
serious breach of duty of sufficient gravity to justify the removal of that judge
or those judges from office under the Rome Statute.

V. Victims’ participation
A victim is a person who has suffered harm as a result of the commission of a crime
within the ICC’s jurisdiction. The Rome Statute ensures that a number of rights are
accorded to victims, as outlined in detail below, the most groundbreaking of which is
the right to participate in proceedings independently of the Prosecution or Defense.
Victims have the right to have their own legal representative in the Courtroom
presenting their concerns and personal interests to the Court. A witness is a person
who testifies before the Court, giving a statement as evidence, often called by either
the Prosecution or Defense.

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 Victims are individuals who have suffered harm as a result of the commission of any
crime within the jurisdiction of the ICC. Victims may also include organizations or
institutions that have sustained harm to any of their property which is dedicated to
religion, education, art, science or charitable purposes. The judges of the ICC
determine the types of harm to be taken into account, such as bodily harm,
psychological harm, that is, where a person’s mind has been affected by what he or
she has experienced or witnessed, or material harm, which consists of loss of or
damage to goods or property.

Victims before the ICC have rights that have never before been granted before an
international criminal court. Victims may be involved in the proceedings before the
ICC in various ways:
 victims can send information to the Office of the Prosecutor and ask the
Office to initiate an investigation;
 at a trial, a victim may voluntarily testify before the Court, if called as a
witness for the defense or the Prosecution or other victims participating in
the proceedings;
 victims are also entitled to participate in proceedings through a legal
representative; during proceedings, victims may participate by presenting
their views and concerns to the judges; such participation is voluntary
and enables victims to express an opinion independently of the
Prosecution or the Defense and offers them the opportunity to present
their own concerns and interests;
 victims participating in proceedings may also, in some circumstances,
lead evidence pertaining to the guilt or innocence of the accused; they
may also challenge the admissibility or the relevance of evidence
presented by the parties;
 Lastly, victims can seek reparation for the harm that they have suffered.

If the Court considers it appropriate, victims may present their point of view directly to
the judges at various stages in the proceedings. Such participation is generally
through a legal representative (that is, a lawyer) who presents their views and
concerns to the Court, since criminal proceedings are quite complex. To make it
easy for victims to participate, they are required to fill out an application for
participation form.
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 VI. Witness protection
The Court has a number of protective measures that can be granted to witnesses
who appear before the Court and other persons at risk on account of testimony given
by a witness. The foundation of the Court’s protection system is good practices
which are aimed at concealing a witness’ interaction with the Court from their
community and from the general public. These are employed by all people coming
into contact with witnesses.

Operational protective measures can be implemented where witnesses reside; for

example the Initial Response System is a 24/7 emergency response system that
enables the Court, where feasible, to extract witnesses to a safe location should they
be targeted or in fear of being targeted. Other operational protective measures
include educating witnesses on the importance of confidentiality and cover stories or
agreeing on an emergency backup plan.

The Court can also apply procedural protective measures. Such measures may
consist of face/voice distortion or the use of a pseudonym. Separate special
measures can be ordered by the Court for traumatized witnesses, a child, an elderly
person or a victim of sexual violence. These can include facilitating the testimony of
witnesses by allowing a psychologist or family member to be present while the
witness gives testimony or the use of a curtain to shield the witness from direct eye
contact with the accused. A last resort protective measure is entry into the Court’s
Protection Program (ICCPP) through which the witness and his or her close relatives
are relocated away from the source of the threat. This is an effective method of
protection, but due to the immense burden on the relocated persons, relocation
remains a measure of last resort and absolute necessity. Protective measures do not
affect the fairness of a trial. They are used to make witnesses safe and comfortable.
They apply for both referring parties, the Prosecution and the Defense equally. All
parties are bound by confidentiality and respect to protective measure, yet even
when protective measures are applied, witness can still be questioned.

VII. Conclusion
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 On 17 July 1998, at the headquarters of the Food and Agriculture Organization of the
United Nations in Rome, 120 States voted to adopt the Rome Statute of the
International Criminal Court. Less than four years later – far sooner than even the
most optimistic observers had imagined – the Statute had obtained the requisite sixty
ratifications for its entry into force, on 1 July 2002. By early 2003, the number had
climbed to nearly ninety. This complex and detailed international treaty provides for
the creation of an international criminal court with power to try and punish for the
most serious violations of human rights in cases when national justice systems fail at
the task. It constitutes a benchmark in the progressive development of international
human rights, something whose beginning dates back more than fifty years, to the
adoption on 10 December 1948 of the Universal Declaration of Human Rights by the
third session of the United Nations General Assembly. The previous day, on 9
December 1948, the Assembly had adopted a resolution mandating the International
Law Commission to begin work on the draft statute of an international criminal court.

The new International Criminal Court (ICC) sits in The Hague, capital of the
Netherlands, alongside its long-established cousin, the International Court of Justice
(ICJ). The ICJ is the court where States litigate matters relating to their disputes as
States. The role of individuals before the ICJ is marginal, at best. As will be seen, not
only does the ICC provide for prosecution and punishment of individuals, it also
recognizes a legitimate participation for the individual as victim. In a more general
sense, the ICC is concerned, essentially, with matters that might generally be
described as serious human rights violations. The ICJ, on the other hand, spends
much of its judicial time on delimiting international boundaries and fishing zones, and
similar matters. Yet, because it is exposed to the same trends and developments
that sparked the creation of the ICC, the ICJ finds itself increasingly involved in
human rights matters.

The goal of this paper beside prepared as an assignment, it is to provide a succinct

and coherent introduction to the legal issues involved in the creation and operation of
the ICC, and one that is accessible to non-specialists. As with all international
treaties and similar documents, interested individuals of the subject are also
encouraged to consult the original records of the 1998 Diplomatic Conference and
the meetings that preceded it.

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