SLIDE 3
The International Criminal Court or the ICC is an
intergovernmental organization and international tribunal seated
in The Hague, Netherlands.
This would turn out to be a permanent institution and shall have
the authority to exercise jurisdiction over persons accused of the
most serious international crimes, as defined in the Rome Statute
The International Criminal Court (ICC) investigates and, where
warranted, tries individuals charged with the gravest crimes of
concern to the international community: genocide, war crimes,
crimes against humanity and the crime of aggression.
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SLIDE 4
The International Criminal Court's Rome Statute is the treaty
that established the International Criminal Court (ICC). It was
adopted on July 17, 1998, at a diplomatic conference in Rome,
Italy, and went into effect on July 1, 2002. The statute has 123
signatories as of November 2019. The statute establishes the
court's functions, jurisdiction, and structure, among other things.
Under the Rome Statute, the ICC can only investigate and
prosecute the four core international crimes (name the 4) in
situations where states are "unable" or "unwilling" to do so
themselves; the jurisdiction of the court is complementary to
jurisdictions of domestic courts.
SLIDE 5
The International Criminal Court (ICC) is a "court of last resort"
that supplements existing national judicial systems and may only
prosecute criminals when national courts refuse or are unable to
do so. [4] It lacks universal territorial jurisdiction and can only
investigate and prosecute crimes committed within member
states, crimes committed by member state nationals, and crimes
committed in situations referred to the Court by the UN Security
Council.
This is because the ICC does not replace national courts, but
complements them, states bear the primary responsibility to
investigate and prosecute these crimes, the ICC’s involvement
should be reserved only for the most serious crimes, so it is very
important to evaluate the level of gravity of the crimes, the
basis of nature, scale, manner of composition, and impact
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SLIDE 6
Here are the 4 major crimes in which the Rome Statute follows
giving the International Criminal Court jurisdiction over,
GENOCIDE (read), WAR CRIMES (read), CRIMES AGAINST
HUMANITY (ready), CRIMES OF AGGRESSION (read)
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SLIDE 7
The preliminary examination of a situation by the Office may be
initiated on the basis of: a) information sent by individuals or
groups, States, intergovernmental or non-governmental
organizations; b) a referral from a State Party or the United
Nations Security Council; or (c) a declaration lodged by a State
accepting the exercise of jurisdiction by the Court pursuant to
article 12(3) of the Statute.
SLIDE 8
READ
TEMPORAL - The ICC can only exercise jurisdiction over crimes
committed after July 1, 2002 (The date where the Rome Statute
came into force). If the alleged crimes occurred prior to this
date, the case cannot move forward at the ICC (The ICC Cannot
retroactively enforce justice)
TERRITORIAL - The ICC can only exercise jurisdiction in the
territory of State Parties, non-State Parties that consent to
jurisdiction, or non-State Parties that are referred to the Court
by the UN Security Council. If the alleged crimes occurred on a
State that does not meet these requirements, the case cannot
move forward at the ICC.
SUBJECT MATTER - An alleged crime must be either a war
crime, a crime against humanity, or genocide, as defined in the
Rome Statute. If the alleged crime does not fall within one of
these definitions, the case cannot move forward at the ICC.
PERSONAL - Only "natural persons" over the age of 18 can be
investigated and prosecuted by the ICC. Governments,
corporations, political parties, or rebel movements cannot be
investigated or prosecuted by the ICC, but individuals who are
members of groups can be investigated.
Furthermore, the ICC can only have jurisdiction over nationals of
states that are under its jurisdiction (e.g., State Party; non-State
Party that consents to jurisdiction or was referred by the UN
Security Council).
SLIDE 9
The OTP is legally required to take whatever steps are necessary
to gather all evidence which is relevant to an alleged crime,
including incriminating and exonerating evidence. Before trial
starts, the Prosecutor must disclose a great deal of evidence to
the Defense. This includes all the evidence the Prosecutor
intends to rely upon at trial, and any evidence which tends to
show the innocence of the accused or which affects the
credibility of prosecution evidence.
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SLIDE 10
Once evidence establishes reasonable grounds to believe a
person is responsible for an atrocity crime, the ICC Prosecutor
may request the Pre-Trial Chamber to issue a summons or arrest
warrant.
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SLIDE 11
After an individual’s initial appearance, the Pre-Trial Chamber
(PTC) must hold a hearing within a reasonable amount of time to
confirm or dismiss the charges presented by the Prosecutor. The
PTC can either:
Confirm the charges and send the case to the Trial
Chambers for trial (at this point the individual becomes the
“Accused”); or
Dismiss the charges and set the individual free; or
Pause the hearing to request the Prosecutor to produce
additional evidence or change the charges with the
evidence presented.
If charges are dismissed, the ICC Prosecutor can provide
additional evidence at a later time in order to convince the
PTC to confirm the original charges. Alternatively, the ICC
Prosecutor can start the whole process over again with
different charges.
SLIDE 12
The Trial Chamber (TC) is required to conduct a fair and
expeditious trial that protects the rights of the Accused, Victims,
witnesses, and others involved. There is a presumption that trial
sessions will be open to the public. The trial can take place in
“closed session” where this is necessary to protect witnesses or
the confidentiality of sensitive matters.
The first step of a trial is to allow the Office of the Prosecutor
(OTP) to present its evidence in order to prove the Accused’s
guilt beyond a reasonable doubt. Defense lawyers are allowed to
test the strength of the OTP evidence presented.
Once the OTP’s case is concluded, the Defense can present their
own evidence. The OTP is allowed to test the strength of the
Defense evidence.
Victims are allowed to testify at trial. They can testify as
witnesses called by the OTP, and can also testify independently
of the OTP. Representatives of victims are allowed to submit
evidence to support, or to demonstrate the unreliability of,
evidence presented by the OTP and the Defense. Representatives
of victims are also allowed to make written and oral observations
when the TC allows them to do so.
Once the trial is complete, the TC will begin to deliberate in
private and reach a guilty or not guilty verdict. The TC delivers
its verdict with written justifications.
Rights of the Accused
The rights of the Accused are a fundamental pillar of the ICC. An
accused person has the right:
to remain silent and not to be compelled to testify or
confess guilt;
to be present during trial;
to be presumed innocent until proven guilty beyond
reasonable doubt;
to have adequate time and facilities for the preparation of
the defense;
to be fully informed of the charges against him or her;
to have a lawyer appointed, free of charge if necessary;
to a speedy trial;
to a public hearing;
to be tried in his or her language and to have a free
interpreter;
to a public trial;
to examine the witnesses against him or her and to obtain
the attendance and examination of witnesses on his or her
behalf.
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SLIDE 15
If convicted, the Trial Chamber (TC) will determine the
appropriate sentence by considering a range of factors, such as
the gravity of the crimes and the convicted person’s role in the
crimes.
The death penalty is not an option. The TC can impose up to 30
years of imprisonment or a life imprisonment. The TC can also
issue fines and/or forfeiture of proceeds, property, or assets
derived directly or indirectly from the crimes.
If the sentence and/or other punishment issued by the TC is
appealed by the Office of the Prosecutor or the convicted person,
the Appeals Chamber has the power to uphold, reverse, or
amend the sentence and/or other punishment issued.
SLIDE 19
The Presidency is responsible for the proper administration of
the Court (apart from the Office of the Prosecutor). It comprises
the President and the First and Second Vice-Presidents—three
judges of the Court who are elected to the Presidency by their
fellow judges for a maximum of two three-year terms.
As of March 2021, the President is Piotr Hofmański from Poland,
who took office on 11 March 2021, succeeding Chile Eboe-Osuji.
His first term will expire in 2024.
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SLIDE 20
The Office of the Prosecutor (OTP) is responsible for conducting
investigations and prosecutions. It is headed by the Prosecutor of
the International Criminal Court, who is assisted by one or more
Deputy Prosecutors. The Rome Statute provides that the Office of
the Prosecutor shall act independently; as such, no member of
the Office may seek or act on instructions from any external
source, such as states, international organizations, non-
governmental organizations or individuals.
Any person being investigated or prosecuted may request the
disqualification of a prosecutor from any case "in which their
impartiality might reasonably be doubted on any ground".
Requests for the disqualification of prosecutors are decided by
the Appeals Chamber. A prosecutor may be removed from office
by an absolute majority of the state’s parties if he or she "is
found to have committed serious misconduct or a serious breach
of his or her duties" or is unable to exercise his or her functions.
SLIDE 21
The Judicial Divisions are made up of the Court's 18 judges, who
are divided into three chambers—the Pre-Trial Chamber, Trial
Chamber, and Appeals Chamber—to carry out the Court's
judicial functions. The Assembly of States Parties elects judges to
the Court. They are elected for nine-year terms and are not
usually re-elected. All judges must be citizens of countries that
have ratified the Rome Statute, and no two judges can be citizens
of the same country. They must be "people of high moral
character, impartiality, and integrity who meet the qualifications
for appointment to the highest judicial offices in their respective
states."
The Prosecutor or anyone being investigated or prosecuted can
ask for a judge to be disqualified from "any case in which his or
her impartiality might reasonably be questioned on any ground."
Any request for a judge's disqualification from a case must be
approved by an absolute majority of the other judges. If a judge
"is found to have committed serious misconduct or a serious
breach of his or her duties" or is unable to perform his or her
duties, he or she may be removed from office. A two-thirds
majority of the other judges and a two-thirds majority of the
state’s parties are required to remove a judge.
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SLIDE 22
The Registry is responsible for the non-judicial aspects of the administration
and servicing of the Court. This includes, among other things, "the
administration of legal aid matters, court management, victims and
witnesses’ matter, defense counsel, detention unit, and the traditional
services provided by administrations in international organizations, such as
finance, translation, building management, procurement and personnel".
The Registry is headed by the Registrar, who is elected by the judges to a
five-year term. The previous Registrar was Herman von Hebel, who was
elected on 8 March 2013. The current Registrar is Peter Lewis, who was
elected on 28 March 2018.
ADDITIONAL NOTES
SPECIAL NOTE: (The ICC was created by
the treaty of the Rome Statute and NOT
by the United Nations)
The Rome Statute is the instrument in which the International
Criminal Court base their skeletal legal process on from the
court’s jurisdiction up until Settlement of Disputes and Final
Clauses
There are currently 123 countries party to the Rome Statute,
about 40 countries never signed the treaty including China,
Ethiopia, India, Indonesia, Iraq, North Korea, Saudi Arabia,
and Turkey. Several dozen others signed the statute, but their
legislatures never ratified it. These include Egypt, Iran, Israel,
Russia, Sudan, Syria, and the United States.
Two countries have withdrawn from the ICC. Burundi left in
2017, following the court’s decision to investigate the
government’s crackdown on opposition protests. Philippine
President Rodrigo Duterte pulled out in 2019, after the court
launched an inquiry into his government’s war on drugs,
saying domestic courts are sufficient to enforce the rule of law.
Gambia and South Africa notified the United Nations in 2016
that they intended to exit the treaty, but they later reversed
course in the face of political upheaval and legal challenges.
The vast majority of that funding comes from member states.
Contributions are determined by the same method the United
Nations uses to assess dues, which roughly correspond to the
size of each member’s economy. In 2020, the largest
contributions came from Japan, Germany, France, and the United
Kingdom. Some countries, notably Brazil and Venezuela, have
run up millions of dollars in overdue payments.
The UN General Assembly can approve additional funding for
cases referred to the court by the Security Council. Some
governments and trans-national organizations also offer
voluntary contributions.
The ICC, unlike the International Court of Justice, is legally
separate from the UN. The United Nations Security Council, on
the other hand, is granted certain powers by the Rome Statute,
which limits its functional independence. The Security Council
can refer situations to the Court under Article 13 that would not
otherwise fall under the Court's jurisdiction (as it did in relation
to the situations in Darfur and Libya, which the Court could not
otherwise have prosecuted as neither Sudan nor Libya are state
parties). The Security Council can request that the Court defer
an investigation for a period of 12 months under Article 16. The
Security Council can extend the deferral indefinitely. This type of
arrangement gives the ICC some of the benefits of being part of
the UN's organs, such as the ability to use the Security Council's
enforcement powers, but it also exposes the ICC to the Security
Council's political controversies.
The Court collaborates with the UN on a variety of issues,
including information sharing and logistical support. Every year,
the Court reports on its activities to the United Nations, and
some Assembly of States Parties meetings are held at UN
facilities. A "Relationship Agreement between the International
Criminal Court and the United Nations" governs the Court's
relationship with the UN.
The International Criminal Court also has their own Rules of
Procedure and Evidence, Elements of Crime, Regulations of the
Court, and Regulations of the 4 organs of the ICC, Code of
Judicial Ethics.
The ICC also has jurisdiction over cases that were referred to the
ICC Prosecutor by the United Nations Security Council presumed
to a resolution adopted under CHAPTER 7 of the United Nations
Charter
3 BODIES OF THE ROME STATUTE:
THE COURT (THE ICC)
TRUST FUND FOR VICTIMS
ASSEMBLY OF STATE PARTIES
REFERRAL OF NON-STATE PARTIES TO THE ICC
A Non-State Party can lodge a declaration accepting the
jurisdiction of the Court
When the United Nations Security Council can refer a
situation to the court for violence that threatens the peace
and security of the entire world.
