International Criminal Court (ICC) Conventions’ prohibitions on torture,

the use of child soldiers, and attacks

• Court of last resort that was created to on civilian targets, such as hospitals or
investigate and prosecute individuals accused schools.
of genocide, war crimes, and crimes against
humanity. 3. Crimes Against Humanity
▪ violations committed as part of large-
• Independent organization not linked to the scale attacks against civilian
United Nations. populations, including murder, rape,
imprisonment, slavery, and torture.
• Established by the Rome Statute in 1998.
4. Crimes of Aggression
• Entered into force on July 1, 2002 upon ▪ use or threat of armed force by a state
ratification of 60 states. against the territorial integrity,
sovereignty, or political independence
• Situated in Hague, Netherlands but has field of another state, or violations of the
offices in different countries. UN Charter.

• Composed of eighteen judges, each from a

different member country and elected by the Legal process
member states. ▪ As an international court, the ICC's
▪ Term of office: 9 years legal process may function differently
from that in the national jurisdiction
• 123 member states of states.
😊 Philippines
▪ former member state which ratified the 1. Preliminary examinations
Rome Statute on August 30, 2011. ▪ The Office of the Prosecutor must
▪ Withdrew membership in 2019. determine whether there is sufficient
evidence of crimes of sufficient gravity
• Jurisdiction: crimes committed after July 1, falling within the ICC’s jurisdiction,
2002 in a country that has ratified the Rome whether there are genuine national
Statute or by an individual in one of the proceedings, and whether opening an
ratifying countries, even if the individual is a investigation would serve the interests
national of a country that has not ratified it. of justice and of the victims.

▪ If the requirements are not met for

• It has jurisdiction over four categories of
initiating an investigation, or if the
crimes under international law:
situation or crimes are not under the
ICC’s jurisdiction, the ICC’s Prosecution
1. Genocide
cannot investigate.
▪ intent to destroy in whole or in part a
national, ethnic, racial, or religious
2. Investigations
group.
▪ After gathering evidence and
identifying a suspect, the Prosecution
2. War Crimes
requests ICC judges to issue:
▪ grave breaches of the laws of war,
which include the Geneva

Ms. Charlene L. Agrito

UC-CCJE
1
 a. an arrest warrant: the ICC relies on
countries to make arrests and transfer ▪ Verdicts are subject to appeal by the
suspects to the ICC; or Defense and by the Prosecutor.
b. a summons to appear: suspects
appear voluntarily (if not, an arrest ▪ Judges can also order reparations for
warrant may be issued). the victims.

▪ If the requirements are not met for ▪ If there is not enough evidence, the
initiating an investigation, or if the case is closed and the accused is
situation or crimes are not under the released.
ICC’s jurisdiction, the ICC’s Prosecution
cannot investigate. ▪ Acquittals are subject to appeal by the
Defense and by the Prosecutor.
▪ The Prosecution may seek again the
confirmation of charges, by presenting 5. Appeals stage
new evidence. ▪ Both the Prosecutor and the Defense
have the right to appeal a Trial
3. Pre-Trial stage Chamber's decision on the verdict
a. Initial appearance: Three Pre-Trial (decision on guilt or innocence of the
judges confirm suspect's identity and accused) and the sentence.
ensure suspect understands the
charges. ▪ The victims and the convicted person
may appeal an order for reparations.
b. Confirmation of charges hearings:
After hearing the Prosecution, the ▪ An appeal is decided by five judges of
Defense, and the Legal representative the Appeals Chamber, who are never
of victims, the judges decide (usually the same judges as those who gave
within 60 days) if there is enough the original verdict.
evidence for the case to go to trial.
▪ The Appeals Chamber decides
c. If the suspect is not arrested or does whether to uphold the appealed
not appear, legal submissions can be decision, amend it, or reverse it. This is
made, but hearings cannot begin. thus the final judgment, unless the
Appeals Chamber orders a re-trial
4. Trial stage before the Trial Chamber.
▪ Before three Trial judges, the
Prosecution must prove beyond 6. Enforcement of sentence
reasonable doubt the guilt of the ▪ Sentences are served in countries that
accused. have agreed to enforce ICC sentences.

▪ Judges consider all evidence, then ▪ If a verdict of guilt is not upheld, the
issue a verdict and, when there is a person may be released.
verdict of guilt, issue a sentence. The
judges can sentence a person to up to
30 years of imprisonment, and under
exceptional circumstances, a life
sentence.
Ms. Charlene L. Agrito
UC-CCJE
2
 INTERNATIONAL COURT OF JUSTICE other authorities and private
individuals are not entitled to
• principal judicial organ of the United Nations institute proceedings before
(UN) the Court.
▪ Basis of Jurisdiction
• Successor of the Permanent Court of - Read: https://www.icj-
International Justice. cij.org/en/basis-of-jurisdiction

• established in June 1945 by the Charter of the

United Nations and began work in April 1946. 2. Gives advisory opinions on legal
questions at the request of the organs
• Situated in Hague, Netherlands. of the United Nations, specialized
▪ Only principal organ of the UN not agencies or one related organization
located in US. authorized to make such a request
(advisory jurisdiction).
• Composed of 15 judges, who are elected by
the United Nations General Assembly and the - Read: Organs and agencies
Security Council. authorized to request advisory
• Term of office: 9 years opinions

• Function: The Court’s role is to settle, in

accordance with international law, legal Note: Refresh your LEA2n lectures about ICJ .
disputes submitted to it by States and to give
advisory opinions on legal questions referred
to it by authorized United Nations organs and
specialized agencies. The Court decides
disputes between countries, based on the
voluntary participation of the States
concerned. If a State agrees to participate in a
proceeding, it is obligated to comply with the
Court’s decision.

• Two-fold Jurisdiction:
1. Decides, in accordance with
international law, disputes of a legal
nature that are submitted to it by
States (jurisdiction in contentious
cases)
▪ International Legal Dispute
- disagreement on a question of
law or fact, a conflict, or a
clash of legal views or
interests.
▪ Only States may apply to and
appear before the
International Court of Justice.
International organizations,
Ms. Charlene L. Agrito
UC-CCJE
3