AN OVERVIEW ON ICC

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.

Established: 2002Type: International Judicial

OrganizationMembers: 120

Official Seat: Hague, Netherland

President: Sang-Hyun Song

Sang-Hyun Song,Current President

Phillipe Kirsch,Ex-President (2003-09)

HISTORICAL BACKGROUND OF THECOURT

PARIS PEACE CONFERENEC (1919)

GENEVA CONFERENCE (1937)

NUREMBURG AND TOKYO TRIBUNAL (1948)

WORK OF INTERNATIONAL LAW COMMISSION IN THE EARLY 1950S

WORK OF BENJAMIN B, FRENCZ (1975)

WORK OF A. N. R. ROBINSON (1980)

ICTY AND ICTR (1984)

ROME CONFERENCE (1998)

INAGURAL SESSION (2003) AND FIRST ARREST WARRANT (2003)

FIRST TRIAL HEARING (2006) AND REVIEW CONFERNCE (2010)

STATE PARTIES TO THE ROME STATITUE

120 countries are States Parties to the Rome Statute of the International Criminal Court. Out of them 33 are African States, 18 are Asia-Pacific States, 18 are from Eastern Europe, 26 are from Latin American and Caribbean States, and 25 are from Western European and other States.

Structure of the Court

ICC

Presidenc

y

Office of the Prosec

utor

Registry

Judicial

Division

SIX ELECTED JUDGES

1. ALUOCH, Joyce Africa (Kenya),

2.MONAGENG, Sanji Mmasenono

Africa (Botswana),

3. SAIGA, Fumiko Asia (Japan),

4. SHAHABUDDEEN, Mohamed *

Group of Latin American and

Caribbean States (Guyana),

5. TARFUSSER, Cuno Western European and Other

Group (Italy),

6. VAN DEN WYNGAERT, Christine

Western European and Other

Group (Belgium).

JURISDICTION OF THE COURT

Article 5 of the Rome Statute grants the Court jurisdiction over four groups of crimes, which it refers to as the "most serious crimes of concern to the international community as a whole": the crime of genocide, crimes against humanity, war crimes, and the crime of aggression.

The Court to exercise jurisdiction only under the following limited circumstances:where the person accused of committing a crime is a national of a state party (or where the person's state has accepted the jurisdiction of the Court);where the alleged crime was committed on the territory of a state party (or where the state on whose territory the crime was committed has accepted the jurisdiction of the Court); orwhere a situation is referred to the Court by the UN Security Council.

COMPLEMENTARY ROLE OF THE COURT

The ICC is intended as a court of last resort, investigating and prosecuting only where national courts have failed. Article 17 of the Statute provides that a case is inadmissible if:"(a) The case is being investigated or prosecuted by a State which has jurisdiction over it, unless the State is unwilling or unable genuinely to carry out the investigation or prosecution; (b) The case has been investigated by a State which has jurisdiction over it and the State has decided not to prosecute the person concerned, unless the decision resulted from the unwillingness or inability of the State genuinely to prosecute;(c) The person concerned has already been tried for conduct which is the subject of the complaint, and a trial by the Court is not permitted under article 20, paragraph 3;(d) The case is not of sufficient gravity to justify further action by the Court."[

Article 20, paragraph 3, specifies that, if a person has already been tried by another court, the ICC cannot try them again for the same conduct unless the proceedings in the other court:"(a) Were for the purpose of shielding the person concerned from criminal responsibility for crimes within the jurisdiction of the Court; or (b) Otherwise were not conducted independently or impartially in accordance with the norms of due process recognized by international law and were conducted in a manner which, in the circumstances, was inconsistent with an intent to bring the person concerned to justice."

The Court's jurisdiction does not apply retroactively: it can only prosecute crimes committed on or after 1 July 2002 (the date on which the Rome Statute entered into force). Where a state becomes party to the Rome Statute after that date, the Court can exercise jurisdiction automatically with respect to crimes committed after the Statute enters into force for that state.

LET’S KNOWWhat can the Court

do?

Investigation & Prosecution of relevant crime

Hear Appeals

It can try those who have been

charged

Pass Sentence

What Sentences can be handed down?

Imprisonment for up to 30

years

Fine

Life imprisonment

in extreme cases

Forfeiture of proceeds,

property, and assets

What Crimes are included?

Genocide

Crime Against Humanity

War Crimes

Crime of Aggression

CRIMES PROSECUTED BY THE COURT

GENOCIDE

The Rome Statute art. 6 lists the following acts as genocide:

(a) Killing members of the group;

(b) Causing serious bodily or mental harm to members of the group;

(c) Deliberately inflicting on the group conditions of life calculated to bring about its physicaldestruction in whole or in part;

(d) Imposing measures intended to prevent births within the group;

(e) Forcibly transferring children of the group to another group.

CRIME OF AGGRESSION

The Rome Conference Delegates included “aggression” among the crimes over which the ICC would have jurisdiction, but were unable to reach an agreement to adopt a definition. Instead, the Conferees agreed to work toward establishing a definition after the Rome Statute enters into force. The ICC will be able to exercise jurisdiction over the crime of aggression only after such a provision has been adopted and entered into force for the relevant state party.

WAR CRIMEWar crimes are violations of the international law of war committed during an armed conflict or military occupation, whenever a belligerent “crosses the line” with respect to acceptable combat practices. The Rome statute defines war crimes in art. 8, reiterating war crimes as they are defined in detail in the Geneva and Hague Conventions, with emphasis on those crimes committed as partof a plan or policy or as part of a large-scale commission of such crimes.

CRIME AGAINST HUMANITYThe Rome Statute art. 7 lists:(a) Murder;(b) Extermination;(c) Enslavement;(d) Deportation or forcible transfer of population;(e) Imprisonment or other severe deprivation of physical liberty in violation of fundamentalrules of international law;(f) Torture;(g) Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, orany other form of sexual violence of comparable gravity;(h) Persecution against any identifiable group or collectivity on political, racial, national,ethnic, cultural, religious, gender as defined in paragraph 3, or other grounds that areuniversally recognized as impermissible under international law, in connection with any actreferred to in this paragraph or any crime within the jurisdiction of the Court;(i) Enforced disappearance of persons;(j) The crime of apartheid;(k) Other inhumane acts of a similar character intentionally causing great suffering, or seriousinjury to body or to mental or physical health.

INVESTIGATIONS OF THE COURT

ICC investigationsGreen: Official investigations (Uganda, Democratic Republic of Congo, Central African Republic, Darfur (Sudan), Kenya, Libya, and Côte d`Ivoire)

Light red: Ongoing preliminary examinations (Afghanistan, Colombia, Georgia, Guinea, Honduras, Nigeria, Palestine, and Republic of Korea

Dark red: Closed preliminary examinations (Iraq and Venezuela)

LIST OF INDICTEES

1) Thomas Lubanga Dylio2) Raska Lukwiya3) Callixte Mbarushimana4) Francis Matuara5) Mathieu Ngudjolo Chui6) Bosco Ntangda7) Okot Odiambo8) Dominic Ongwen9) Vincent Otti10) William Rutto11) Joshua Sang12) Abdullah Senussi

1) Bahr Abu Garda2) Mohammed Ali3) Abdallah Banda4) Omar al-Bashir5) Jean-Pierre Bemba6) Muammar Gaddafi7) Saif al-Islam Gaddafi8) Laurent Gbagbo9) Ahmed Haroun10) Abdel Rahim Hussein11) Saleh Jerbo12) Germain Katanga13) Uhuru Kenyatta14) Joseph Kony15) Henry Kosgey16) Ali Kushayb

SOME ACCUSED OF BEING CRIMINALLY RESPONSIBLE

Bosco Ntaganda Vincent Otti Ahmad Harun Ali Kushayb") Bahar Idriss Abu Garda

Abdallah Banda Abakaer Nourain Joshua Arap Sang Henry Kiprono Kosgey Uhuru Muigai Kenyatta Mohammed Hussein Ali

Francis Kirimi MuthauraLaurent GbagboMuammar GaddafiSaif Al-Islam Gaddafi Abdullah Al-Senussi

Summary of investigations and prosecutions by the International Criminal Court

Situation Publicly indicted

Ongoing procedures Procedures finished, due to ...

PTC TCs

Not before court Pre-Trial Trial Appeal Death Acquittal Conviction

[note 2] [note 3] [note 4] [note 5] [note 6] [note 7] [note 8] [note 9] [note 10]

Democratic Republic of the Congo

5 1 0 3 0 0 1 0 I I, II

Uganda 5 4 0 0 0 1 0 0 II

Central African Republic 1 0 0 1 0 0 0 0 II III

Darfur, Sudan 7 4 2 0 0 0 1 0 I IV

Kenya 6 0 4 0 0 0 2 0 II

Libya 3 2 0 0 0 1 0 0 I

Côte d'Ivoire 1 0 1 0 0 0 0 0 III

Total 28 11 7 4 0 2 4 0

RULES OF PROCEDURES

AND EVIDENCE

ICC AND IHL

The development of international humanitarian law has been accompanied by the formulation of principles and the adoption of multilateral treaties intended to be universal and applicable to war crimes. The rules set down in the statutes ofinternational criminal courts and the work the courts have done and are doing within the scope of their respective mandates reflect that development and at the same time highlight the direct relationship between the object and purpose of international humanitarian law and the establishment of the tribunals.

Conscious that all peoples are united by common bonds, their cultures pieced together in a shared heritage, and concerned that this delicate mosaic may be shattered at any time,

Mindful that during this century millions of children, women and men have been victims of unimaginable atrocities that deeply shock the conscience of humanity, Recognizing that such grave crimes threaten the peace, security and well-being of the world ............. .”

-Preamble of the Rome Statute

‘The establishment of the International Criminal Court is a gift of hope to future generations, and a giant step forwards in the march towards universal human rights and the rule of law. It is an achievement which, only a few years ago, nobody would have thought possible’ - Kofi Annan.

The proposed ICC is a major step forward for international humanitarian law, and brings the world closer to ending impunity for those accused of committing atrocities.

-Dr. Helen Durham

CRITICISMSPOLITICALLY MOTIVATED PROSECUTOR

SOLDIERS CONFUSED BY THE LAW OF WAR

A BARRIER TO PEACE AND RECONCILIATION

THE ICC PERPORTSTO EXERCISE JURISDICTION OVER NON-PARTY NATIONALS

COST AND DELAY

THE FOCUS ON AFRICA

Others

QUESTIONS

1) What is International Criminal Court? How is it different from ICJ and national courts?

2) Do you know its historical background? What factors played vital role behind the establishment of ICC?

3) Do you think that ICC is capable to deal with crimes that are prime concerns of IHL?

4) What is your opinion about the role of ICC in protecting and promoting IHL?

5) What factors or causes have paralyzed the ICC in performing its roles and responsibilities?

6) Have you any recommendation on how the ICC can be strengthened?