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1. Home
2. Publications
3. Annual Report 2022-23
4. Appendix 4: The International Crimina...
Attorney-General's Department
Portfolio: Attorney-General's
Annual Report 2022-23
1. About this report
2. Letter of transmittal
3. Secretary's year in review
1. Significant achievements
4. Part 1: Department overview
1. About the portfolio
2. Ministerial responsibilities
5. Part 2: Annual performance statements
1. Key Activity 1: Providing legal services and policy advice
2. Key Activity 2: Managing casework
3. Key Activity 3: Administer and advise on legal and policy frameworks
4. Key Activity 4: Administer and implement programs and services
5. Key Activity 5: Establish and support royal commissions and other
bodies
6. Part 3: Management and accountability
1. Corporate planning
2. Commonwealth Child Safe Framework
3. External scrutiny
4. Our people
5. Employee profile
6. Workforce strategies
7. Diverse workforce
8. Work health and safety
9. Our IT systems
10. Asset management, purchasing and grants
11. Freedom of Information
7. Part 4: Financial statements
1. Independant Auditor's Report
2. Contents
3. Statement by the Accountable Authority and Chief Financial Officer
4. Statement of Comprehensive Income
5. Statement of Financial Position
6. Statement of Changes in Equity
7. Cash Flow Statement
8. Budget variance commentary – Departmental
9. Administered Schedule of Comprehensive Income
10. Administered Schedule of Assets and Liabilities
11. Administered Reconciliation Schedule
12. Administered Cash Flow Statement
13. Budget variance commentary – Administered
14. Overview
15. Note 1: People and Relationships
16. Note 2: Funding
17. Note 3: Financial Performance
18. Note 4: Income and Expenses Administered on Behalf of Government
19. Note 5: Financial Position
20. Note 6: Assets and Liabilities Administered on Behalf of Government
21. Note 7: Managing Uncertainties
22. Note 8: Other Information
23. Note 9: Restructuring
24. Note 10: Assets Held in Trust
8. Appendix 1: Entity Resource Statement 2022–23
9. Appendix 2: Methodologies
1. Qualitative assessment
10. Appendix 3: Workforce statistics
1. Employee remuneration
2. SES remuneration
11. Appendix 4: The International Criminal Court
12. Appendix 5: Extradition and mutual assistance
1. Consular assistance and extradited Australian nationals
2. Mutual assistance requests dealt with in 2022–23
13. Glossary of abbreviations and acronyms
14. List of requirements
APPENDIX 4: THE INTERNATIONAL CRIMINAL COURT
The International Criminal Court Act 2002 came into force on 28 June 2002. Under
section 189 of the Act, the department must publish each year, as an appendix to
its annual report for that year, a report on the operation of the Act, the
operations of the International Criminal Court (ICC) and the impact of the
operations of the ICC on Australia’s legal system.
OPERATION OF THE INTERNATIONAL CRIMINAL COURT ACT
The Act establishes mechanisms to facilitate Australia’s compliance with its
obligations under the Rome Statute of the International Criminal Court (the Rome
Statute), including those relating to the provision of investigative assistance
and the arrest and surrender of suspects.
The crimes over which the ICC can exercise jurisdiction under the Rome Statute
(genocide, war crimes and crimes against humanity) are criminalised under
Australia’s domestic law and, in each instance, apply whether or not the alleged
offence occurs in Australia and regardless of whether the alleged offender is an
Australian national.
The ICC also has jurisdiction over a fourth crime, the crime of aggression, with
effect from 17 July 2018. The ICC’s jurisdiction over the crime of aggression
originates from amendments to the Rome Statute adopted in 2010. The crime of
aggression is defined as the ‘planning, preparation, initiation or execution, by
a person in a position effectively to exercise control over or to direct the
political or military action of a State, of an act of aggression which, by its
character, gravity and scale, constitutes a manifest violation of the Charter of
the United Nations’.
Australia has not ratified the crime of aggression amendment. As a result, the
crime of aggression is not criminalised under Australia’s domestic law.
Under the Rome Statute, a case will be inadmissible before the ICC if it is
being investigated or prosecuted by a State with jurisdiction, unless the State
is unwilling or genuinely unable to carry out the investigation or prosecution.
Australian authorities can therefore investigate and prosecute crimes within the
ICC’s jurisdiction, allowing Australia to retain primary jurisdiction over such
crimes alleged to have been committed in Australian territory or by Australian
citizens.
OPERATION OF THE INTERNATIONAL CRIMINAL COURT
As at 30 June 2023, 123 countries were State Parties to the Rome Statute. The
ICC’s jurisdiction is confined to crimes committed after the Rome Statute
entered into force in 2002. As at 30 June 2023, the Office of the Prosecutor of
the ICC is conducting 3 preliminary examinations and has 17 situations under
investigation. To date, the ICC has dealt with 31 cases in total, the majority
of which are ongoing.
On 2 March 2022, the Prosecutor of the ICC opened an investigation into the
Situation in Ukraine, following receipt of referrals from 43 States Parties,
including Australia. The referral requested that the ICC Prosecutor investigate
any war crimes, crimes against humanity or genocide alleged to have occurred in
Ukraine from 21 November 2013 onwards. This includes any allegations of current
and ongoing crimes committed by Russian or Ukrainian nationals or anyone else.
On 17 March 2023, the ICC’s Pre-Trial Chamber II (PTC) issued arrest warrants
for Russian President Vladimir Putin and Russian Presidential Commissioner for
Children's Rights Maria Lvova-Belova. The arrest warrants are for the war crimes
of unlawful deportation and transfer of population (children) from occupied
areas of Ukraine to the Russian Federation. The PTC found there are reasonable
grounds to believe that each suspect bears responsibility for these war crimes.
The specific contents of the arrest warrants remain secret, to protect victims
and witnesses and to safeguard the investigation.
In December 2019, the Assembly of States Parties appointed a group of 9 experts
to carry out an Independent Expert Review of the ICC and the Rome Statute
system. In September 2020, the Independent Expert Review delivered its report,
including 384 recommendations for the ICC’s reform. Since the report was issued,
the ICC judges have addressed various recommendations related to the work of the
judiciary at 3 subsequent judicial retreats, taking action as appropriate to
improve the conduct of ICC proceedings. The implementation of these
recommendations remains ongoing.
IMPACT ON AUSTRALIA'S LEGAL SYSTEM
During 2022–23, the operations of the ICC had no discernible impact on
Australia’s legal system. The future impact of ICC operations depends on the
number of active prosecutions and investigations undertaken, as well as the
number and nature of requests for assistance received by Australia.
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RELEVANT LINKS
* Non-Corporate Commonwealth EntityAttorney-General's Department
* CP2022-232022-23 Attorney-General's Department Corporate
PlanAttorney-General's Department
* PBS2022-23Attorney-General's PBS 2022-23Attorney-General's Department
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