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<p class="h6">What are the penalties that the International Criminal Court can impose for international crimes? </p>
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<p class="h6">What is the significance of Article 27 of the Rome Statute? </p>
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<p class="h6">What are the main components of the International Criminal Court? </p>
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INTERNATIONAL CRIMINAL COURT
Dive into the intriguing world of global justice with this comprehensive guide
to the International Criminal Court. Discover its origins, purpose, and the
pivotal role of the Rome Statute, alongside gaining an understanding of its
member composition and jurisdiction scope. Further, this educational resource
illuminates aspects of the prosecution process and examines key legal cases.
Let's thread through the intricate maze of international law, shedding light on
how humanity keeps itself in check through this essential judicial institution.
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VAIA EDITORIAL TEAM
Team International Criminal Court Teachers
* 22 minutes reading time
* Checked by Vaia Editorial Team
Save Article Save Article
* Business Law
* Civil Law
* Comparative Law
* Contract Law
* European Law
* Forensic Science
* Human Rights Law
* International And Humanitarian Law
* Labour Law
* Public Law
* Social Law
* UK Criminal Law
* ABH
* Actus Reus
* Age of consent
* Aggravated Assault
* Aiding and abetting
* Ancillary criminal law
* Appeal
* Arrest warrant
* Arson
* Assault
* Assisted suicide
* Attempt
* Automatism defence
* Bank Robbery
* Battery Crime
* Bribery
* Bribery of public officials
* Burglary
* Causality
* Caution
* Closed prison
* Coercion
* Complicity
* Copyright infringements
* Copyright law
* Corruptibility
* Crimes against humanity
* Criminal Liability
* Criminal Offence
* Criminal Procedure
* Criminal Sentencing
* Criminal complaint
* Criminal procedural law
* Cybercrime
* Death Penalty in US
* Defence of necessity
* Defences in Criminal Law
* Diminished Responsibility
* Diplomatic Immunity
* Direct Intent
* Disciplinary law
* Disciplinary measures
* Disciplinary proceedings
* Drug possession
* Drug trafficking
* Duress
* Elements of crimes
* Embezzlement
* Emergency aid
* Equivalence theory
* European Cybercrime
* European arrest warrant
* European criminal law
* Euthanasia
* Execution of sentences
* Extortion
* Extradition Law
* Fatal Offences
* Fault in criminal law
* File sharing
* Fraud
* GBH
* Genocide
* Grounds for justification
* Guarantor Obligations
* Guilt
* Hostage taking
* Human trafficking
* Incitement
* Inculpability
* Indecent exposure
* Indictment
* Indirect perpetration
* Insanity defence
* Intent
* International Criminal Court
* International Criminal Law
* Interrogation
* Intoxication defence
* Investigating judge
* Juvenile Sentence
* Juvenile criminal law
* Kidnapping
* Killing on demand
* Manslaughter
* Medical malpractice
* Menacing
* Mens Rea
* Misconduct
* Misdemeanor law
* Misdemeanor proceedings
* Money laundering
* Motive Criminal Law
* Murder in Law
* Narcotics Act
* Negligent homicide
* Non-fatal Offences
* Nulla poena sine lege
* Omission
* Open execution
* Opportunity principle
* Organized Crime
* Parole
* Participation
* Penalty
* Penitentiary law
* Plea Deals
* Pleadings
* Police Powers
* Pre-trial proceedings
* Preliminary Offences
* Preliminary investigation
* Presumption of guilt
* Prevention of crime
* Preventive detention
* Principle of Humanity
* Principle of certainty
* Principle of legality
* Probation
* Probation conditions
* Probation failure
* Probation officer
* Property Offences
* Prosecution
* Rape
* Resocialization
* Retrial
* Revision
* Robbery
* Search and Seizure
* Seizure
* Self-defence
* Sentencing rules
* Serious bodily harm
* Sexual abuse
* Sexual assault
* Shoplifting
* Specific Intent
* State of emergency
* Taking of evidence
* Theft
* Theory of adequacy
* Trial
* Unlawfulness
* Victim Rights
* War Crimes
* Weapons Act
* Weapons possession
* White-Collar Crime
* UK Legal System
* US Legal System
Contents
* Business Law
* Civil Law
* Comparative Law
* Contract Law
* European Law
* Forensic Science
* Human Rights Law
* International And Humanitarian Law
* Labour Law
* Public Law
* Social Law
* UK Criminal Law
* ABH
* Actus Reus
* Age of consent
* Aggravated Assault
* Aiding and abetting
* Ancillary criminal law
* Appeal
* Arrest warrant
* Arson
* Assault
* Assisted suicide
* Attempt
* Automatism defence
* Bank Robbery
* Battery Crime
* Bribery
* Bribery of public officials
* Burglary
* Causality
* Caution
* Closed prison
* Coercion
* Complicity
* Copyright infringements
* Copyright law
* Corruptibility
* Crimes against humanity
* Criminal Liability
* Criminal Offence
* Criminal Procedure
* Criminal Sentencing
* Criminal complaint
* Criminal procedural law
* Cybercrime
* Death Penalty in US
* Defence of necessity
* Defences in Criminal Law
* Diminished Responsibility
* Diplomatic Immunity
* Direct Intent
* Disciplinary law
* Disciplinary measures
* Disciplinary proceedings
* Drug possession
* Drug trafficking
* Duress
* Elements of crimes
* Embezzlement
* Emergency aid
* Equivalence theory
* European Cybercrime
* European arrest warrant
* European criminal law
* Euthanasia
* Execution of sentences
* Extortion
* Extradition Law
* Fatal Offences
* Fault in criminal law
* File sharing
* Fraud
* GBH
* Genocide
* Grounds for justification
* Guarantor Obligations
* Guilt
* Hostage taking
* Human trafficking
* Incitement
* Inculpability
* Indecent exposure
* Indictment
* Indirect perpetration
* Insanity defence
* Intent
* International Criminal Court
* International Criminal Law
* Interrogation
* Intoxication defence
* Investigating judge
* Juvenile Sentence
* Juvenile criminal law
* Kidnapping
* Killing on demand
* Manslaughter
* Medical malpractice
* Menacing
* Mens Rea
* Misconduct
* Misdemeanor law
* Misdemeanor proceedings
* Money laundering
* Motive Criminal Law
* Murder in Law
* Narcotics Act
* Negligent homicide
* Non-fatal Offences
* Nulla poena sine lege
* Omission
* Open execution
* Opportunity principle
* Organized Crime
* Parole
* Participation
* Penalty
* Penitentiary law
* Plea Deals
* Pleadings
* Police Powers
* Pre-trial proceedings
* Preliminary Offences
* Preliminary investigation
* Presumption of guilt
* Prevention of crime
* Preventive detention
* Principle of Humanity
* Principle of certainty
* Principle of legality
* Probation
* Probation conditions
* Probation failure
* Probation officer
* Property Offences
* Prosecution
* Rape
* Resocialization
* Retrial
* Revision
* Robbery
* Search and Seizure
* Seizure
* Self-defence
* Sentencing rules
* Serious bodily harm
* Sexual abuse
* Sexual assault
* Shoplifting
* Specific Intent
* State of emergency
* Taking of evidence
* Theft
* Theory of adequacy
* Trial
* Unlawfulness
* Victim Rights
* War Crimes
* Weapons Act
* Weapons possession
* White-Collar Crime
* UK Legal System
* US Legal System
Contents
Jump to a key chapter
* Test your knowledge with multiple choice flashcards
* What is the International Criminal Court?
* The Rome Statute of the International Criminal Court
* Members of the International Criminal Court
* Jurisdiction and Functionality of the International Criminal Court
* Legal Cases and Prosecution Process in the International Criminal Court
* International Criminal Court - Key takeaways
TEST YOUR KNOWLEDGE WITH MULTIPLE CHOICE FLASHCARDS
1/3
What are the penalties that the International Criminal Court can impose for
international crimes?
A. The penalties that the ICC can impose for international crimes include
community service, parole, probation, and house arrest. B. The ICC can impose
penalties such as imprisonment (up to life), reparations (including restitution,
compensation, and rehabilitation), and fines for international crimes such as
genocide, crimes against humanity, and war crimes. C. The ICC can impose the
death penalty for genocide, crimes against humanity, and war crimes. D. The ICC
can only impose monetary fines for genocide, crimes against humanity, and war
crimes.
1/3
What is the significance of Article 27 of the Rome Statute?
A. Article 27 of the Rome Statute is significant as it dispels any immunity
based on official capacity, meaning that high-ranking officials, including heads
of states, can be prosecuted for crimes under the jurisdiction of the ICC. B.
The Rome Statute's Article 27 highlights the importance of extraditing criminals
to their homeland for trial. C. Article 27 of the Rome Statute holds
significance as it mandates member states to provide financial aid to victims of
the crimes under the ICC's jurisdiction. D. The Article 27 of Rome Statute
ensures a quota system ensures global representation among the staff members of
the ICC.
1/3
What are the main components of the International Criminal Court?
A. The key components of the International Criminal Court are: the Presidency,
the Chambers, the Office of the Prosecutor, and the Registry. B. The key
components of the International Criminal Court are: the Executive Branch, the
Judiciary Branch, and the Legislative Branch. C. The key components of the
International Criminal Court are: the Executive Council, the Legal Team, the
Financial Department, and the Public Relations Team. D. The key components of
the International Criminal Court are: the Secretariat, the Trustee Board, the
Election Commission, and the Policy Department.
Score
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WHAT IS THE INTERNATIONAL CRIMINAL COURT?
The International Criminal Court (ICC) is a permanent judicial institution
designed to end impunity for the most serious crimes of concern to the
international community. It prosecutes individuals who have committed genocide,
crimes against humanity, and war crimes. It was established by the Rome Statute,
an international treaty that was adopted on July 17th, 1998 and came into effect
on July 1st, 2002.
Genocide: Genocide is defined by the ICC as acts committed with intent to
destroy, in whole or in part, a national, ethnical, racial or religious group.
AN OVERVIEW OF THE INTERNATIONAL CRIMINAL COURT
The ICC, based in The Hague in the Netherlands, is independent and not part of
the United Nations system. It cooperates with the United Nations in performing
its duties but sits separately from this global organisation. The ICC includes
18 judges from different member countries each serving a nine-year term.
The Court operates in several stages including an initial preliminary
examination stage, investigation phase, the pre-trial, trial, and appeals
stages.
* The preliminary examination stage: where the Court decides whether there is a
reasonable basis to proceed with an investigation.
* Investigation phase: where the Prosecutor gathers enough evidence to
establish that there are grounds to believe a person committed a crime within
the jurisdiction of the Court.
* The pre-trial stage: Judge confirms or denies the charges against a suspect.
* The trial stage: the Court hears the case and determines the innocence or
guilt of the accused.
* The appeals stage: if a party is not satisfied with the decision of the
Court, it may appeal the decision.
EXPLORING THE ORIGINS OF THE INTERNATIONAL CRIMINAL COURT
The concept of a permanent international court to prosecute human atrocities
dates back to the aftermath of World War II, with the trials of Nuremberg and
Tokyo. However, the ICC as we know it only came to fruition in the late
twentieth century.
The year 1998 marked a significant breakthrough when 120 states adopted the Rome
Statute, the legal foundation of the ICC. The Rome Statute defines the crimes
falling within the jurisdiction of the ICC, establishes the Court’s structure,
and provides procedural rules among other features.
PURPOSE AND FUNCTIONING OF THE INTERNATIONAL CRIMINAL COURT
The fundamental role of the ICC is to prosecute individuals for international
crimes of genocide, crimes against humanity, and war crimes. It bridges the gap
in the international legal system, making individuals directly accountable for
crimes that shock the conscience of humanity.
For example, in 2016 the ICC found Jean-Pierre Bemba, former Vice-President of
the Democratic Republic of the Congo (DRC), guilty of crimes against humanity
and war crimes. He was convicted for a series of brutal rapes, murders, and
pillaging committed by his militia in the Central African Republic.
International Crime Penalities Genocide Imprisonment (up to life), reparations
(including restitution, compensation, rehabilitation), fines Crimes against
Humanity Imprisonment (up to life), reparations (including restitution,
compensation, rehabilitation), fines War Crimes Imprisonment (up to life),
reparations (including restitution, compensation, rehabilitation), fines
THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT
The Rome Statute is an international treaty that established the International
Criminal Court. By ratifying this treaty, the 123 member states have agreed to
the jurisdiction of the ICC over serious crimes, such as genocide, crimes
against humanity, and war crimes, committed within their borders or by their
nationals. The Rome Statute is the Court's foundational and governing document
defining the ICC's functions, jurisdiction and structure.
KEY PROVISIONS OF THE ROME STATUTE
Within the Rome Statute, there are four main crimes under ICC jurisdiction:
genocide, crimes against humanity, war crimes, and the crime of aggression.
The crime of aggression: It refers to the planning, initiation, or execution of
acts of force against another state that are in violation of the United Nations
Charter.
Besides these crimes, the Rome Statute also provides several procedural matters.
For example, it stipulates methods for investigation and trial proceedings,
outlines victims' rights, and articulates the principle of complementarity. The
latter is particularly important as it dictates that the ICC can only intervene
when national legal systems fail or are unwilling to act.
The Statute also sets the principles of:
* Presumption of innocence until proven guilty
* Protection of the rights of the defendant
* Non-retroactivity, meaning the Court can't prosecute any crimes committed
before the Statute came into effect
Article 27 of the Rome Statute is also significant as it dispels any immunity
based on official capacity. This means that high-ranking officials, including
heads of states, can be prosecuted for crimes under the jurisdiction of the ICC.
Crime Definition by the Rome Statute Genocide Acts committed with intent to
destroy, in whole or in part, a national, ethnical, racial, or religious group
Crimes Against Humanity Acts such as murder, torture, rape committed as part of
a widespread or systematic attack directed against any civilian population on
national, political, ethnic, racial, or religious grounds War Crimes Violations
of the laws or customs of war which include but are not limited to murder,
mutilation, cruel treatment, and torture Aggression Planning, preparation,
initiation or execution of an act of using armed force by a State against the
sovereignty, territorial integrity or political independence of another State
THE ROLE OF THE ROME STATUTE IN GOVERNING THE INTERNATIONAL CRIMINAL COURT
The Rome Statute plays a pivotal role in dictating the functioning of the ICC.
It provides a legal and institutional framework for the Court, defining its
purposes and guiding principles. The Statute sets out explicit parameters for
its jurisdiction, including conditions for the exercise of its jurisdiction and
procedures governing the investigation, prosecution and trial process.
For instance, according to the Rome Statute, the ICC steps in only when national
judicial systems fail to adequately handle the case (Principle of
Complementarity), ensuring national sovereignty is respected. An apt example
would be the case against Uhuru Kenyatta, the President of Kenya, where the ICC
dropped charges of crimes against humanity after the Kenyan government failed to
cooperate with the Court's investigation.
HOW ROME STATUTE INFLUENCES INTERNATIONAL CRIMINAL COURT JURISDICTION
The Rome Statute sets out conditions under which the ICC may exercise its
jurisdiction. This includes the crimes falling within its jurisdiction, the
persons that can be held liable for these crimes and the admissibility of cases.
It also determines when and how the Court may exercise its jurisdiction.
The ICC deals with crimes committed after the enactment of the Rome Statute and
within territories of states that are parties to the Statute or have accepted
the Court's jurisdiction. Additionally, the Court also investigates crimes
referred to it by the United Nations Security Council. Thus, the jurisdiction of
the ICC is markedly influenced by the provisions of the Rome Statute.
Admissibility: In the context of the ICC, admissibility refers to whether the
Court is able to hear a particular case. It is assessed based on complementarity
(whether national legal systems are addressing the crimes adequately) and
gravity (whether the crimes are serious enough to merit attention by the ICC).
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MEMBERS OF THE INTERNATIONAL CRIMINAL COURT
There are currently 123 members of the International Criminal Court, also known
as States Parties to the Rome Statute. These member states hail from all corners
of the globe and represent all legal traditions. They are bound by the framework
set out in the Rome Statute, agreeing to adhere to the principles of the ICC and
cooperate fully with the Court in its investigations and prosecutions of serious
international crimes.
COMPOSITION OF THE INTERNATIONAL CRIMINAL COURT
The International Criminal Court comprises key components: the Presidency, the
Chambers, the Office of the Prosecutor, and the Registry.
1. The Presidency is responsible for the general administration of the Court,
apart from the Office of the Prosecutor. It consists of the President and
First and Second Vice-Presidents, elected by the judges for terms of three
years.
2. The Chambers are composed of 18 judges, divided into the Pre-Trial Division,
Trial Division, and Appeals Division, each having specific responsibilities.
3. The Office of the Prosecutor is responsible for conducting investigations
and prosecutions. It is headed by the Prosecutor, who is elected by the
Assembly of States Parties.
4. The Registry provides administrative and operational support to the Court.
It's headed by the Registrar, who is elected by the judges.
In addition, there are Advisory Committees, such as the Advisory Committee on
Nominations of Judges and the Advisory Committee on Legal Texts.
UNDERSTANDING THE CRITERIA FOR INTERNATIONAL CRIMINAL COURT MEMBERS
The membership of the ICC is limited to states. To become a member of the ICC, a
state must become a party to the Rome Statute. This is achieved by depositing an
instrument of ratification, acceptance, approval, or accession with the United
Nations Secretary-General.
Ratification: Ratification is a principal's approval of an act of its agent
where the agent lacked authority to legally bind the principal.
Each state party has one vote in the Assembly of States Parties, the management
oversight and legislative body of the ICC. The Assembly meets once a year but
can also hold special sessions when necessary.
The criteria for membership goes beyond simply ratifying the Rome Statute.
States Parties must also be willing and able to effectively cooperate with the
Court, including the arrest and surrender of persons, and should have national
legislation in place to facilitate cooperation.
ROLES AND RESPONSIBILITIES OF INTERNATIONAL CRIMINAL COURT MEMBERS
Members of the International Criminal Court, or States Parties, have several
responsibilities. They play a vital role in ensuring the Court's effectiveness
and credibility. Below are some key responsibilities of ICC members:
* To cooperate fully with the ICC in its investigations and prosecutions. This
includes complying with requests for arrest and surrender of persons,
providing assistance in the investigation, and enforcing sentences.
* To enact national legislation enabling cooperation with the ICC. State
Parties are responsible for the incorporation of crimes contained in the Rome
Statute into their domestic law.
* To contribute to the Court's budget. The ICC is primarily financed by its
States Parties. Each State Party contributes to the Court's budget in
proportion to its ability to pay.
* To participate in the Assembly of States Parties. Each state has one vote in
the Assembly and can help shape the direction of the ICC through this forum.
An example vividly demonstrating the responsibility to cooperate fully with the
ICC can be seen in the case against Omar al-Bashir. The former President of
Sudan was indicted for war crimes, crimes against humanity, and genocide in
Darfur. Despite two arrest warrants issued by the ICC in 2009 and 2010, he
avoided arrest for years due to non-cooperation by several states.
ICC Structure Role Presidency Responsible for general administration of the
Court Chambers Comprised of judges who conduct judicial proceedings Office of
the Prosecutor Conducts investigations and prosecutions Registry Provides
administrative and operational support
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JURISDICTION AND FUNCTIONALITY OF THE INTERNATIONAL CRIMINAL COURT
Understanding how the International Criminal Court operates requires a thorough
comprehension of its jurisdiction and functionality. The ICC, being a court of
last resort, intervenes only when national jurisdictions are either unable or
unwilling to prosecute crimes of great concern to humanity such as genocide, war
crimes and crimes against humanity. By doing so, the ICC aims to hold
perpetrators accountable and provide justice to victims.
INTERNATIONAL CRIMINAL COURT JURISDICTION: AN OVERVIEW
The jurisdiction of the International Criminal Court is grounded in the
principle of complementarity. This principle delineated in the Rome Statute
means that the Court is secondary to national jurisdictions and assumes the
mantle only when national courts are incapacitated or indisposed to prosecute
certain crimes. The jurisdiction of the ICC, thus, is circumscribed to dealing
with the most serious crimes of concern to the international community; crimes
that deeply shock the conscience of humanity.
Complementarity: This refers to the principle that the International Criminal
Court is an auxiliary entity, functioning as a court of last resort. The ICC can
only intervene if the concerned state is either unwilling or unable to
prosecute.
The ICC's jurisdiction can also be triggered in three different ways: by a
referral from any of the 123 states parties to the Rome Statute, by the United
Nations Security Council, irrespective of whether the concerned state is a party
to the Statute, or by the ICC Prosecutor, who may initiate an investigation
proprio motu, that is, on his own initiative, after receiving a reliable
information about crimes within the jurisdiction of the Court.
Interestingly, while the jurisdiction of the ICC is automatically enabled for
the states that ratified the Rome Statute, non-party states can voluntarily
accept the jurisdiction of the Court on an ad hoc basis through a declaration
deposited with the Registrar. This has expanded the scope of the ICC's
jurisdiction and buttressed its role in dealing with international crimes.
SCOPE AND LIMITS OF INTERNATIONAL CRIMINAL COURT JURISDICTION
While the International Criminal Court has a global reach, its jurisdiction is
not unlimited. It operates under the jurisdictional boundaries set by the Rome
Statute regarding the nature of crimes, temporal aspects, and territorial or
nationality considerations.
The ICC is empowered to prosecute only the most serious crimes affecting the
international community as a whole. It is limited to four specific types of
crimes: genocide, crimes against humanity, war crimes, and the crime of
aggression. Any other crime, be it of national or international character, falls
outside the purview of the ICC unless an amendment is made to the Rome Statute
to include such crime.
Temporal Jurisdiction: The ICC can only investigate and prosecute crimes which
were committed after the Rome Statute entered into force, i.e. 1st July 2002.
Any crimes committed before this date falls outside the temporal jurisdiction of
the Court.
The ICC's jurisdiction is also limited in terms of territorial and nationality
considerations. It can only prosecute crimes committed on the territory of a
state party or by its nationals. However, there are exceptions to this principle
when a situation is referred to the Prosecutor by the UN Security Council in
view of its power to impose binding measures on all UN member states under
Chapter VII of the UN Charter.
INFLUENCE OF THE ROME STATUTE ON INTERNATIONAL CRIMINAL COURT JURISDICTION
The Rome Statute exerts a profound influence on the International Criminal
Court's jurisdiction. The Statute outlines the conditions under which the Court
may exercise its jurisdiction, clearly defining the categories of crimes and
principles of liability. It marks the outlines for the exercise of the Court's
jurisdiction and the procedures governing the investigation, prosecution and
trial process.
For example, the Rome Statute has a provision that restricts the ICC to
prosecute any act of aggression until a provision is agreed upon defining the
specific crime. Only in December 2017, States Parties activated the ICC’s
jurisdiction over the crime of aggression, enhancing the Court's ability to
ensure accountability for these grave crimes.
In addition, the Rome Statute embodies the principle of complementarity,
providing the foundational framework for the interaction between the ICC and
national judicial systems. The ICC's jurisdiction is complimentary to that of
national courts which means the ICC is permitted to act only when national
jurisdictions fail to carry current investigations or prosecutions or when they
claim to do so but in reality are not willing or able to carry out such
investigations.
Overall, the jurisdictional competence of the International Criminal Court is
not just shaped by the Rome Statute, but it's deeply embedded within it, making
it an indispensable part of the ICC's broader legal landscape.
Jurisdictional Aspect Influence Territorial The ICC has jurisdiction over crimes
committed on the territory of a state party or if the accused is a national of a
state party. Temporal Jurisdiction over crimes committed after the entry into
force of the Rome Statute (1 July 2002). Material Restricted to four serious
international crimes: Genocide, Crimes against Humanity, War Crimes, and the
Crime of Aggression. Trigger Mechanism Can be activated by a state party
referral, UN Security Council referral or the ICC Prosecutor's initiation of an
investigation.
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LEGAL CASES AND PROSECUTION PROCESS IN THE INTERNATIONAL CRIMINAL COURT
The International Criminal Court carries out extensive legal procedures to
achieve its mandate of prosecuting and preventing the most severe crimes of
concern to the global community, as described by the Rome Statute. The ICC deals
with cases that significantly shake the conscience of humanity, including
genocide, crimes against humanity, war crimes, and the crime of aggression.
KEY INTERNATIONAL CRIMINAL COURT CASES
The ICC, although a relatively younger court, has already seen significant cases
that demonstrate its critical role in global justice. Its spectrum of cases
essentially reflects the Court's commitment to ending impunity for grave
international crimes.
One such case in ICC's history was the trial of Thomas Lubanga Dyilo, a rebel
leader from the Democratic Republic of the Congo (DRC). Lubanga was charged with
war crimes including enlisting and conscripting children under the age of 15 and
using them to participate actively in hostilities. His conviction in 2012 was
significant as it was the International Criminal Court's first completed case
and first verdict of guilty.
Another landmark case was against the former Vice President of the DRC,
Jean-Pierre Bemba Gombo, brought before the Court for crimes against humanity
and war crimes, including murder, rape, and pillaging, committed in the Central
African Republic (CAR). Bemba was the most senior political figure sentenced by
the ICC. He was convicted and sentenced to 18 years of imprisonment in 2016.
More recently, the ICC issued an arrest warrant for Al-Bashir, the then
President of Sudan, on charges of crimes against humanity and war crimes in
Darfur, marking the first time the Court sought the detention of a sitting head
of state. However, the case also proved the limits of the ICC, as Al-Bashir
managed to evade arrest for several years, highlighting the challenges the Court
faces in enforcing its mandates without a dedicated enforcement mechanism.
UNDERSTANDING THE PROSECUTION PROCESS IN THE INTERNATIONAL CRIMINAL COURT
The prosecution process in the ICC is based on a careful and fair sequence of
stages, beginning with a preliminary examination and moving through formal
investigation, pre-trial, trial, and appeal stages to reach a final verdict.
Preliminary Examination: An initial stage where the Prosecutor assesses if there
is reasonable basis to proceed with an investigation.
Firstly, before beginning any official investigations, a preliminary examination
is conducted to assess whether there is a reasonable basis to proceed based on
jurisdiction, admissibility, and the interest of justice. If the Court decides
to proceed, an official investigation is initiated.
Once the investigation phase is completed and there is enough evidence to
establish reasonable grounds to believe a person has committed a crime within
the jurisdiction of the Court, the next step is the pre-trial proceedings. At
the Pre-Trial stage, the issues of charges are decided and confirmed by the
judges based on the evidence provided by the Prosecutor.
Following the confirmation of charges, the case advances to the Trial stage. The
Trial Chamber is composed of three judges who listen to the presentations of
evidence from both the Prosecution and the Defence. After deliberating on the
evidence, the judges determine the guilt or innocence of the accused.
If the accused is found guilty, a sentence is imposed, which can be up to life
imprisonment. Thereafter, the case can be appealed by either the Prosecution or
the Defence. In the Appeal stage, the Appeals Chamber can reverse or amend the
decision of the Trial Chamber, or order a new trial before a different Trial
Chamber.
THE ROLE OF THE HAGUE IN INTERNATIONAL CRIMINAL COURT CASES
The Hague, a city in the Netherlands, is the host city of the International
Criminal Court. Its role is not merely limited to housing the Court's
headquarters but extends to facilitating its core processes. The Hague provides
both the legal and logistical framework for the function of the ICC. From the
initial stages of the examination of a case to the final delivery of a judgment,
the whole process unfolds in this city.
Beyond being the setting for the Court's proceedings, The Hague also provides
detention facilities for those accused by the ICC. The individuals charged in
cases of the ICC are usually detained in the ICC Detention Centre located within
a Dutch prison complex, reflecting The Hague's central role in the material
execution of the Court’s mandate.
Furthermore, as host country, Netherlands assists the Court by facilitating the
movement of persons to appear before the Court, such as victims and witnesses.
This includes granting visas and ensuring the safe and dignified treatment of
these individuals, playing a significant role in the ICC's pursuit to ensure a
fair trial.
In essence, The Hague's role extends to facilitating all aspects of the Court's
work, rendering it indispensable to the overall functioning and efficacy of the
International Criminal Court.
Stages of Prosecution Function Preliminary Examination Assess if there is a
reasonable basis to proceed with an investigation. Investigation Gather evidence
to establish grounds to believe a person committed a crime within ICC
jurisdiction. Pre-Trial Confirm charges based on the evidence provided. Trial
Listen to presentations of evidence from the Prosecution and Defence; Determine
the guilt or innocence of the accused. Appeal Review the decision of the Trial
Chamber; Can reverse or amend the decision or order a new trial.
INTERNATIONAL CRIMINAL COURT - KEY TAKEAWAYS
* The International Criminal Court (ICC) is governed by the Rome Statute, which
provides a legal and institutional framework for the Court, including its
jurisdiction, investigation, prosecution, and trial processes.
* Crimes under the jurisdiction of the ICC as per the Rome Statute include
Genocide, Crimes Against Humanity, War Crimes, and Aggression.
* The ICC steps in only when national judicial systems fail to manage the case
adequately, a principle known as Complementarity.
* The ICC is composed of four key components: Presidency, Chambers, Office of
the Prosecutor, and the Registry.
* To become a member of the ICC, a state must ratify the Rome Statute and be
willing and able to cooperate with the Court, including the arrest and
surrender of persons.
* States Parties are responsible for incorporating the crimes as defined in the
Rome Statute into their domestic law and cooperate fully with ICC in
investigations and prosecutions.
* The jurisdiction of the ICC is concerned with the most serious crimes of
concern to the international community and can be triggered in three ways: by
a referral from any member state, by the UN Security Council, or by the ICC
Prosecutor.
* The ICC can only investigate and prosecute crimes committed after the
enactment of the Rome Statute and within the territories of states that are
parties to the Statute or have accepted the ICC's jurisdiction.
* The Court's jurisdiction is also limited in terms of territorial and
nationality considerations—only prosecuting crimes committed on the territory
of a state party or by its nationals, with exceptions for situations referred
by the UN Security Council.
FLASHCARDS IN INTERNATIONAL CRIMINAL COURT 15
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What are the penalties that the International Criminal Court can impose for
international crimes?
The ICC can impose penalties such as imprisonment (up to life), reparations
(including restitution, compensation, and rehabilitation), and fines for
international crimes such as genocide, crimes against humanity, and war crimes.
What is the significance of Article 27 of the Rome Statute?
Article 27 of the Rome Statute is significant as it dispels any immunity based
on official capacity, meaning that high-ranking officials, including heads of
states, can be prosecuted for crimes under the jurisdiction of the ICC.
What are the main components of the International Criminal Court?
The key components of the International Criminal Court are: the Presidency, the
Chambers, the Office of the Prosecutor, and the Registry.
What are the responsibilities of the members of the International Criminal
Court?
The responsibilities include full cooperation with investigations and
prosecutions, enacting national legislation for cooperation, contributing to the
Court's budget and participating in the Assembly of States Parties.
What is required for a state to become a member of the International Criminal
Court?
To become a member of the ICC, a state must become a party to the Rome Statute
by depositing an instrument of ratification, acceptance, approval, or accession
with the United Nations Secretary-General.
What are the limits of the International Criminal Court's jurisdiction?
The ICC's jurisdiction is limited to prosecuting four types of crimes: genocide,
crimes against humanity, war crimes, and the crime of aggression. It can only
investigate crimes committed after the Rome Statute came into effect (1 July
2002), and on the territory of a state party or by its nationals.
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FREQUENTLY ASKED QUESTIONS ABOUT INTERNATIONAL CRIMINAL COURT
What is the role of the International Criminal Court in enforcing international
law?
The International Criminal Court (ICC) enforces international law by
investigating, prosecuting, and trying individuals accused of committing serious
crimes of international concern, including genocide, war crimes, and crimes
against humanity. It complements, but does not replace, national judicial
systems.
Who has the power to submit cases to the International Criminal Court?
The power to submit cases to the International Criminal Court lies with three
parties: a member state, the United Nations Security Council, or the ICC
prosecutor who has authorised an independent investigation.
Can a nation withdraw from the jurisdiction of the International Criminal Court?
Yes, a nation can withdraw from the jurisdiction of the International Criminal
Court. However, the withdrawal becomes effective only one year after the
notification of the withdrawal has been received by the United Nations
Secretary-General.
What crimes fall under the jurisdiction of the International Criminal Court?
The International Criminal Court has jurisdiction over four types of crimes:
Genocide, Crimes against Humanity, War Crimes, and the Crime of Aggression.
How are the judges for the International Criminal Court selected and appointed?
The judges of the International Criminal Court are elected by the Assembly of
States Parties, the Court's governing body. Candidates are selected based on
their character, competence and integrity, and are usually renowned legal
professionals or judges in their respective countries.
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