ICC International Criminal Court|International Criminal Law

 International Criminal Court

Introduction

On July 17, 1998, 120 states adopted a statute in Rome known as the Rome statute of the ICC establishing the international criminal court. 

For the first time in the history of mankind state decided to accept the jurisdiction of permanent international criminal court  for the prosecution of perpetrators of most serious crimes committed in their territories or by their national after the entry into force of the Rome statute on 1 July 2002.

The ICC is not a substitute for national courts.  According to the Rome statute,  it's the duty of every state to exercise it's jurisdiction over those responsible for international crimes.  

The international criminal court can only intervene where a state is unable or unwilling genuinely to carry out the investigation and prosecute the perpetrators.

The primary mission of ICC is to help out to put an end to impunity for the perpetrator of the most serious crimes of concern to the international community as a whole, and thus to contribute to the prevention of such crimes. 

Why was ICC established? 

Some of the most heinous crimes were committed during the conflicts which marked the 20th century.  Unfortunately,  many of these violations of international law have remained unpunished. 

The Nuremberg and Tokyo tribunals were established in the wake of Second World War.  

In 1948, when the convention on the prevention and punishment of 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. 

What is Rome Statute? 

On 17 July 1998, a conference of 160 states established the first treaty based permanent ICC.  The treaty adopted during the conference is known as the 'Rome statute of International Criminal Court'.

How many countries have ratified the Rome Statute? 

Over 120 countries are state parties to the Rome statute,  representing all regions. 

Where is the seat of he court? 

The seat or headquarter is in Hague, Netherlands.  The Rome statute provides that he 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. 

How  is the court funded? 

The court is funded by contributions from the state parties and by voluntary contributions from govt's, international organisations,  individual,  corporations and other entities.

How does the ICC differs from other courts? 

It is a permanent court, 

It is an autonomous(independent) court, 

ICC is not under United nations whereas ICJ is an organ of United Nations. 

The ICC is an independent body whose mission is to try individuals for crimes within its jurisdiction without the need for a special mandate from United Nations. 

Under what conditions does the ICC exercise it's jurisdiction? 

When a state become a party to the Rome Statute,  it agrees to submit itself to the jurisdiction of the ICC with respect to the crimes enumerated into the statute.  The court may exercise it's 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. 

Who can be prosecuted before the ICC? 

The ICC prosecuted 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. 

ICC does not fight for political reasons. 

Organs of ICC

1.The Presidency.

2.The Chambers.

3.The office of the prosecutor and the registry. 

The presidency consists of 3 judges,  the president,  2 vice president,  elected by an absolute majority of18 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. 

The chamber consists of 18 judges including 3 judges of presidency are assigned to the court's 3 judicial divisions - The Pre-trial division(composed of 7 judges),  The trial chamber (composed of 6 judges) and The appeal division(composed of 5 judges). 

The judges are elected by the 'Assembly of state 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 of human rights.  They have extensive expertise on specific issues,  such as violence against woman or children. 

Which crimes falls within the jurisdiction of ICC? 

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

Any state party to the Rome statute can request the office of the prosecutor to carry out an investigation. 

Penalties

The judges may impose a prison sentence to which may be added a fine or forfeiture of property assets.  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.