International Criminal Court: Difference between revisions
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The establishment of an [[International court|international tribunal]] to judge political leaders accused of international crimes was first proposed during the [[Paris Peace Conference, 1919|Paris Peace Conference]] in 1919 following the [[World War I|First World War]] by the [[Commission of Responsibilities]]. The issue was addressed again at a conference held in [[Geneva]] under the auspices of the [[League of Nations]] in 1937, which resulted in the conclusion of the first convention stipulating the establishment of a permanent international court to try acts of international terrorism. The convention was signed by 13 states, but none ratified it and the convention never entered into force. |
The establishment of an [[International court|international tribunal]] to judge political leaders accused of international crimes was first proposed during the [[Paris Peace Conference, 1919|Paris Peace Conference]] in 1919 following the [[World War I|First World War]] by the [[Commission of Responsibilities]]. The issue was addressed again at a conference held in [[Geneva]] under the auspices of the [[League of Nations]] in 1937, which resulted in the conclusion of the first convention stipulating the establishment of a permanent international court to try acts of international terrorism. The convention was signed by 13 states, but none ratified it and the convention never entered into force. |
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Following the [[World War II|Second World War]], the [[Allies of World War II|allied powers]] established two ''[[ad hoc]]'' tribunals to prosecute [[Axis powers|axis power]] leaders accused of war crimes. The [[Nuremberg trials|International Military Tribunal]], which sat in [[Nuremberg]], prosecuted German leaders while the [[International Military Tribunal for the Far East]] in [[Tokyo]] prosecuted Japanese leaders. In 1948 the [[United Nations General Assembly]] first recognised the need for a permanent international court to deal with atrocities of the kind prosecuted after the Second World War.<ref name=iccfact>United Nations Department of Public Information, December 2002. [http://www.un.org/News/facts/iccfact.htm ''The International Criminal Court'']. Retrieved 5 December 2006.</ref> At the request of the General Assembly, the [[International Law Commission]] (ILC) drafted two statutes by the early 1950s but these were shelved during the [[Cold War]], which made the establishment of an international criminal court politically unrealistic.<ref name="Cato">Dempsey, Gary T. (16 July 1998). [http://www.cato.org/pubs/pas/pa-311es.html "Reasonable Doubt: The Case Against the Proposed International Criminal Court"]. [[Cato Institute]]. Retrieved 31 December 2006.</ref> |
Following the [[World War II|Second World War]], the [[Allies of World War II|allied powers]] established two ''[[ad hoc]]'' tribunals to prosecute [[Axis powers|axis power]] leaders accused of war crimes. The [[Nuremberg trials|International Military Tribunal]], which sat in [[Nuremberg]], prosecuted German leaders while the [[International Military Tribunal for the Far East]] in [[Tokyo]] prosecuted Japanese leaders. In 1948 the [[United Nations General Assembly]] first recognised the need for a permanent international court to deal with atrocities of the kind prosecuted after the Second World War.<ref name=iccfact>United Nations Department of Public Information, December 2002. [http://www.un.org/News/facts/iccfact.htm ''The International Criminal Court''] {{webarchive|url=https://web.archive.org/web/20061205220343/http://www.un.org/News/facts/iccfact.htm |date=5 December 2006 }}. Retrieved 5 December 2006.</ref> At the request of the General Assembly, the [[International Law Commission]] (ILC) drafted two statutes by the early 1950s but these were shelved during the [[Cold War]], which made the establishment of an international criminal court politically unrealistic.<ref name="Cato">Dempsey, Gary T. (16 July 1998). [http://www.cato.org/pubs/pas/pa-311es.html "Reasonable Doubt: The Case Against the Proposed International Criminal Court"]. [[Cato Institute]]. Retrieved 31 December 2006.</ref> |
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[[Benjamin B. Ferencz]], an investigator of [[Nazi war crime]]s after the Second World War, and the Chief Prosecutor for the United States Army at the [[Einsatzgruppen Trial]], became a vocal advocate of the establishment of international [[rule of law]] and of an international criminal court. In his first book published in 1975, entitled ''Defining International Aggression: The Search for World Peace'', he advocated for the establishment of such a court.<ref>{{cite web|url=http://www.benferencz.org/bio.html |title=Benjamin B Ferencz, Biography |date=9 January 2008 |accessdate=1 March 2011 |archiveurl=https://web.archive.org/web/20080109011136/http://www.benferencz.org/bio.html |archivedate=9 January 2008}}</ref> |
[[Benjamin B. Ferencz]], an investigator of [[Nazi war crime]]s after the Second World War, and the Chief Prosecutor for the United States Army at the [[Einsatzgruppen Trial]], became a vocal advocate of the establishment of international [[rule of law]] and of an international criminal court. In his first book published in 1975, entitled ''Defining International Aggression: The Search for World Peace'', he advocated for the establishment of such a court.<ref>{{cite web|url=http://www.benferencz.org/bio.html |title=Benjamin B Ferencz, Biography |date=9 January 2008 |accessdate=1 March 2011 |archiveurl=https://web.archive.org/web/20080109011136/http://www.benferencz.org/bio.html |archivedate=9 January 2008}}</ref> |
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In June 1989 [[Prime Minister of Trinidad and Tobago]] [[A. N. R. Robinson]] revived the idea of a permanent international criminal court by proposing the creation of such a court to deal with the [[illegal drug trade]].<ref name="Cato"/><ref>International Criminal Court (20 June 2006). {{ |
In June 1989 [[Prime Minister of Trinidad and Tobago]] [[A. N. R. Robinson]] revived the idea of a permanent international criminal court by proposing the creation of such a court to deal with the [[illegal drug trade]].<ref name="Cato"/><ref>International Criminal Court (20 June 2006). {{cite web|url=http://www.icc-cpi.int/pressrelease_details%26id%3D152%26l%3Den.html |title="Election of Mr Arthur N.R. Robinson to the Board of Directors of the Victims Trust Fund" |accessdate=2017-04-11 |deadurl=bot: unknown |archiveurl=https://web.archive.org/web/20070927003646/http://www.icc-cpi.int/pressrelease_details%26id%3D152%26l%3Den.html |archivedate=27 September 2007 |df=dmy-all }}. Retrieved 3 May 2007.</ref> Following Trinidad and Tobago's proposal, the General Assembly tasked the ILC with once again drafting a statute for a permanent court.<ref>[http://www.iccnow.org/?mod=icchistory "History of the ICC"]. Retrieved 4 June 2012.</ref> While work began on the draft, the [[United Nations Security Council]] established two ''ad hoc'' tribunals in the early 1990s. The [[International Criminal Tribunal for the former Yugoslavia]] was created in 1993 in response to large-scale atrocities committed by armed forces during [[Yugoslav Wars]] and the [[International Criminal Tribunal for Rwanda]] was created in 1994 following the [[Rwandan Genocide]]. The creation of these tribunals further highlighted the need for a permanent international criminal court.<ref>Coalition for the International Criminal Court. [http://www.iccnow.org/?mod=icchistory "History of the ICC"]. Retrieved 31 December 2006.</ref> |
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In 1994, the ILC presented its final draft statute for the International Criminal Court to the General Assembly and recommended that a conference be convened to negotiate a treaty that would serve as the Court's statute.<ref>[http://legal.un.org/ilc/texts/instruments/english/draft%20articles/7_4_1994.pdf "Draft Statute for an International Criminal Court, 1994"]. Retrieved 4 June 2012.</ref> To consider major substantive issues in the draft statute, the General Assembly established the Ad Hoc Committee on the Establishment of an International Criminal Court, which met twice in 1995. After considering the Committee's report, the General Assembly created the Preparatory Committee on the Establishment of the ICC to prepare a consolidated draft text. From 1996 to 1998, six sessions of the Preparatory Committee were held at the [[Headquarters of the United Nations|United Nations headquarters]] in [[New York City]], during which NGOs provided input and attended meetings under the umbrella organisation of the Coalition for an ICC (CICC). In January 1998, the Bureau and coordinators of the Preparatory Committee convened for an Inter-Sessional meeting in [[Zutphen]] in the Netherlands to technically consolidate and restructure the draft articles into a draft. |
In 1994, the ILC presented its final draft statute for the International Criminal Court to the General Assembly and recommended that a conference be convened to negotiate a treaty that would serve as the Court's statute.<ref>[http://legal.un.org/ilc/texts/instruments/english/draft%20articles/7_4_1994.pdf "Draft Statute for an International Criminal Court, 1994"]. Retrieved 4 June 2012.</ref> To consider major substantive issues in the draft statute, the General Assembly established the Ad Hoc Committee on the Establishment of an International Criminal Court, which met twice in 1995. After considering the Committee's report, the General Assembly created the Preparatory Committee on the Establishment of the ICC to prepare a consolidated draft text. From 1996 to 1998, six sessions of the Preparatory Committee were held at the [[Headquarters of the United Nations|United Nations headquarters]] in [[New York City]], during which NGOs provided input and attended meetings under the umbrella organisation of the Coalition for an ICC (CICC). In January 1998, the Bureau and coordinators of the Preparatory Committee convened for an Inter-Sessional meeting in [[Zutphen]] in the Netherlands to technically consolidate and restructure the draft articles into a draft. |
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Finally the General Assembly convened a conference in Rome in June 1998, with the aim of finalizing the treaty to serve as the Court's statute. On 17 July 1998, the [[Rome Statute of the International Criminal Court]] was adopted by a vote of 120 to 7, with 21 countries abstaining. The seven countries that voted against the treaty were [[China]], [[Iraq]], [[Israel]], [[Libya]], [[Qatar]], the [[United States]], and [[Yemen]].<ref>Scharf, Michael P. (August 1998). [http://www.asil.org/insights/insigh23.htm "Results of the Rome Conference for an International Criminal Court"]. [[American Society of International Law]]. Retrieved 4 December 2006.</ref> Following 60 ratifications, the Rome Statute entered into force on 1 July 2002 and the International Criminal Court was formally established.<ref name=ai2002>Amnesty International (11 April 2002). [https://www.amnesty.org/en/library/info/IOR40/008/2002 "The International Criminal Court – A Historic Development in the Fight for Justice"]. Retrieved 20 March 2008.</ref><ref name=ai2002/> The first bench of 18 judges was elected by the Assembly of States Parties in February 2003. They were sworn in at the inaugural session of the Court on 11 March 2003.<ref>Coalition for the International Criminal Court. [http://www2.icc-cpi.int/Menus/ICC/Press+and+Media/Press+Releases/2005/Warrant+of+Arrest+unsealed+against+five+LRA+Commanders.htm "Judges and the Presidency"]. [http://www.webcitation.org/6CnQbflxv Archived] from the original on 9 December 2012. Retrieved 9 December 2012.</ref> |
Finally the General Assembly convened a conference in Rome in June 1998, with the aim of finalizing the treaty to serve as the Court's statute. On 17 July 1998, the [[Rome Statute of the International Criminal Court]] was adopted by a vote of 120 to 7, with 21 countries abstaining. The seven countries that voted against the treaty were [[China]], [[Iraq]], [[Israel]], [[Libya]], [[Qatar]], the [[United States]], and [[Yemen]].<ref>Scharf, Michael P. (August 1998). [http://www.asil.org/insights/insigh23.htm "Results of the Rome Conference for an International Criminal Court"]. [[American Society of International Law]]. Retrieved 4 December 2006.</ref> Following 60 ratifications, the Rome Statute entered into force on 1 July 2002 and the International Criminal Court was formally established.<ref name=ai2002>Amnesty International (11 April 2002). [https://www.amnesty.org/en/library/info/IOR40/008/2002 "The International Criminal Court – A Historic Development in the Fight for Justice"]. Retrieved 20 March 2008.</ref><ref name=ai2002/> The first bench of 18 judges was elected by the Assembly of States Parties in February 2003. They were sworn in at the inaugural session of the Court on 11 March 2003.<ref>Coalition for the International Criminal Court. [http://www2.icc-cpi.int/Menus/ICC/Press+and+Media/Press+Releases/2005/Warrant+of+Arrest+unsealed+against+five+LRA+Commanders.htm "Judges and the Presidency"]. [http://www.webcitation.org/6CnQbflxv Archived] from the original on 9 December 2012. Retrieved 9 December 2012.</ref> |
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The Court issued its first [[arrest warrant]]s on 8 July 2005,<ref name="LRA warrants">International Criminal Court (14 October 2005). [http://www.icc-cpi.int/en_menus/icc/situations%20and%20cases/situations/situation%20icc%200204/related%20cases/icc%200204%200105/press%20releases/Pages/warrant%20of%20arrest%20unsealed%20against%20five%20lra%20commanders.aspx "Warrant of Arrest Unsealed Against Five LRA Commanders"]. Retrieved 30 September 2014.</ref> and the first pre-trial hearings were held in 2006.<ref>International Criminal Court (9 November 2006). {{ |
The Court issued its first [[arrest warrant]]s on 8 July 2005,<ref name="LRA warrants">International Criminal Court (14 October 2005). [http://www.icc-cpi.int/en_menus/icc/situations%20and%20cases/situations/situation%20icc%200204/related%20cases/icc%200204%200105/press%20releases/Pages/warrant%20of%20arrest%20unsealed%20against%20five%20lra%20commanders.aspx "Warrant of Arrest Unsealed Against Five LRA Commanders"]. Retrieved 30 September 2014.</ref> and the first pre-trial hearings were held in 2006.<ref>International Criminal Court (9 November 2006). {{cite web|url=http://www.icc-cpi.int/press/pressreleases/201.html |title="Prosecutor Presents Evidence That Could Lead to First ICC Trial" |accessdate=2006-12-05 |deadurl=bot: unknown |archiveurl=https://web.archive.org/web/20070709002335/http://www.icc-cpi.int/press/pressreleases/201.html |archivedate=9 July 2007 |df=dmy-all }}. Retrieved 5 December 2006.</ref> The Court issued its first judgment in 2012 when it found Congolese rebel leader [[Thomas Lubanga Dyilo]] guilty of war crimes related to [[Military use of children|using child soldiers]].<ref>{{Cite news |title=ICC finds Congo warlord Thomas Lubanga guilty |url=http://www.bbc.com/news/world-africa-17364988 |publisher=BBC News |date=2012-03-14 |accessdate=2014-09-29}}</ref> |
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In 2010 the states parties of the Rome Statute held the first [[Review Conference of the Rome Statute of the International Criminal Court]] in [[Kampala]], [[Uganda]]. There they adopted two [[amendments to the Rome Statute of the International Criminal Court|amendments to the Statute]]. The second amendment defined the [[crime of aggression]] and outlined the procedure by which the ICC could prosecute individuals. However, the conditions outlined in the amendment have not yet been met and the ICC can not yet exercise jurisdiction over crimes of aggression. |
In 2010 the states parties of the Rome Statute held the first [[Review Conference of the Rome Statute of the International Criminal Court]] in [[Kampala]], [[Uganda]]. There they adopted two [[amendments to the Rome Statute of the International Criminal Court|amendments to the Statute]]. The second amendment defined the [[crime of aggression]] and outlined the procedure by which the ICC could prosecute individuals. However, the conditions outlined in the amendment have not yet been met and the ICC can not yet exercise jurisdiction over crimes of aggression. |
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==Structure== |
==Structure== |
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The ICC is governed by an Assembly of States Parties, which is made up of the states which are party to the Rome Statute<ref name=assembly>International Criminal Court. {{ |
The ICC is governed by an Assembly of States Parties, which is made up of the states which are party to the Rome Statute<ref name=assembly>International Criminal Court. {{cite web|url=http://www.icc-cpi.int/asp.html |title=''Assembly of States Parties'' |accessdate=2008-01-03 |deadurl=bot: unknown |archiveurl=https://web.archive.org/web/20080118093007/http://www.icc-cpi.int/asp.html |archivedate=18 January 2008 |df=dmy-all }}. Retrieved 2 January 2008.</ref> The Assembly elects officials of the Court, approves its budget, and adopts amendments to the Rome Statute. The Court itself, however, is composed of four organs: the Presidency, the Judicial Divisions, the Office of the Prosecutor, and the Registry.<ref name=structure>International Criminal Court. [http://www.icc-cpi.int/Menus/ICC/Structure+of+the+Court/ Structure of the Court], ICC website. Retrieved 16 June 2012</ref> |
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===State parties=== |
===State parties=== |
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====Judicial Divisions==== |
====Judicial Divisions==== |
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{{Main article|Judges of the International Criminal Court}} |
{{Main article|Judges of the International Criminal Court}} |
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The Judicial Divisions consist of the 18 judges of the Court, organized into three chambers—the Pre-Trial Chamber, Trial Chamber and Appeals Chamber—which carry out the judicial functions of the Court.<ref name=chambers>International Criminal Court. {{ |
The Judicial Divisions consist of the 18 judges of the Court, organized into three chambers—the Pre-Trial Chamber, Trial Chamber and Appeals Chamber—which carry out the judicial functions of the Court.<ref name=chambers>International Criminal Court. {{cite web|url=http://www.icc-cpi.int/organs/chambers.html |title=''Chambers'' |accessdate=2007-06-21 |deadurl=bot: unknown |archiveurl=https://web.archive.org/web/20070718171951/http://www.icc-cpi.int/organs/chambers.html |archivedate=18 July 2007 |df=dmy-all }}. Retrieved 21 July 2007.</ref> Judges are elected to the Court by the Assembly of States Parties.<ref name=chambers/> They serve nine-year terms and are not generally eligible for re-election.<ref name=chambers/> All judges must be nationals of states parties to the Rome Statute, and no two judges may be nationals of the same state.<ref name=article36>Article 36 of the [http://legal.un.org/icc/statute/99_corr/cstatute.htm Rome Statute]. Retrieved 18 October 2013.</ref> They must be "persons of high moral character, impartiality and integrity who possess the qualifications required in their respective States for appointment to the highest judicial offices".<ref name=article36/> |
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The Prosecutor or any person being investigated or prosecuted may request the disqualification of a judge from "any case in which his or her impartiality might reasonably be doubted on any ground".<ref name=article41>Article 41 of the [http://legal.un.org/icc/statute/99_corr/cstatute.htm Rome Statute]. Accessed 18 October 2013.</ref> Any request for the disqualification of a judge from a particular case is decided by an absolute majority of the other judges.<ref name=article41/> A judge may be removed from office 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.<ref name=article46/> The removal of a judge requires both a two-thirds majority of the other judges and a two-thirds majority of the states parties.<ref name=article46/> |
The Prosecutor or any person being investigated or prosecuted may request the disqualification of a judge from "any case in which his or her impartiality might reasonably be doubted on any ground".<ref name=article41>Article 41 of the [http://legal.un.org/icc/statute/99_corr/cstatute.htm Rome Statute]. Accessed 18 October 2013.</ref> Any request for the disqualification of a judge from a particular case is decided by an absolute majority of the other judges.<ref name=article41/> A judge may be removed from office 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.<ref name=article46/> The removal of a judge requires both a two-thirds majority of the other judges and a two-thirds majority of the states parties.<ref name=article46/> |
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{{Main article|Prosecutor of the International Criminal Court}} |
{{Main article|Prosecutor of the International Criminal Court}} |
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[[File:Fatou Bensouda5.jpg|thumb|ICC prosecutors [[Fatou Bensouda]] and [[Luis Moreno Ocampo]], with [[Minister of Foreign Affairs (Estonia)|Estonia's Minister of Foreign Affairs]], [[Urmas Paet]], in 2012]] |
[[File:Fatou Bensouda5.jpg|thumb|ICC prosecutors [[Fatou Bensouda]] and [[Luis Moreno Ocampo]], with [[Minister of Foreign Affairs (Estonia)|Estonia's Minister of Foreign Affairs]], [[Urmas Paet]], in 2012]] |
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The Office of the Prosecutor (OTP) is responsible for conducting investigations and prosecutions.<ref name=prosecutor>International Criminal Court. {{ |
The Office of the Prosecutor (OTP) is responsible for conducting investigations and prosecutions.<ref name=prosecutor>International Criminal Court. {{cite web|url=http://www.icc-cpi.int/organs/otp.html |title=''Office of the Prosecutor'' |accessdate=2007-06-21 |deadurl=bot: unknown |archiveurl=https://web.archive.org/web/20080119102802/http://www.icc-cpi.int/organs/otp.html |archivedate=19 January 2008 |df=dmy-all }}. Retrieved 21 July 2007.</ref> It is headed by the Chief Prosecutor, who is assisted by one or more Deputy Prosecutors.<ref name=structure/> The Rome Statute provides that the Office of the Prosecutor shall act independently;<ref name=Article42>Article 42 of the [http://legal.un.org/icc/statute/99_corr/cstatute.htm Rome Statute]. Retrieved 18 October 2013.</ref> as such, no member of the Office may seek or act on instructions from any external source, such as states, [[international organisation]]s, non-governmental organisations or individuals.<ref name=prosecutor/> |
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The Prosecutor may open an investigation under three circumstances:<ref name=prosecutor/> |
The Prosecutor may open an investigation under three circumstances:<ref name=prosecutor/> |
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*when the Pre-Trial Chamber authorises him or her to open an investigation on the basis of information received from other sources, such as individuals or non-governmental organisations. |
*when the Pre-Trial Chamber authorises him or her to open an investigation on the basis of information received from other sources, such as individuals or non-governmental organisations. |
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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".<ref name=Article42/> Requests for the disqualification of prosecutors are decided by the Appeals Chamber.<ref name=Article42/> A prosecutor may be removed from office by an absolute majority of the states 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.<ref name=article46/> However, critics of the Court argue that there are "insufficient checks and balances on the authority of the ICC prosecutor and judges" and "insufficient protection against politicized prosecutions or other abuses".<ref name="US DoS faq">US Department of State, 30 July 2003. {{ |
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".<ref name=Article42/> Requests for the disqualification of prosecutors are decided by the Appeals Chamber.<ref name=Article42/> A prosecutor may be removed from office by an absolute majority of the states 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.<ref name=article46/> However, critics of the Court argue that there are "insufficient checks and balances on the authority of the ICC prosecutor and judges" and "insufficient protection against politicized prosecutions or other abuses".<ref name="US DoS faq">US Department of State, 30 July 2003. {{cite web|url=http://www.state.gov/t/pm/rls/fs/23428.htm |title=''Frequently Asked Questions About the U.S. Government's Policy Regarding the International Criminal Court (ICC)'' |accessdate=2007-01-01 |deadurl=bot: unknown |archiveurl=https://web.archive.org/web/20080109092156/http://www.state.gov/t/pm/rls/fs/23428.htm |archivedate=9 January 2008 |df=dmy-all }}. Retrieved 31 December 2006.</ref> [[Henry Kissinger]] says the checks and balances are so weak that the prosecutor "has virtually unlimited discretion in practice".<ref name="Kissinger">Henry A. Kissinger. "The Pitfalls of Universal Jurisdiction". ''[[Foreign Affairs]]'', July/August 2001, p. 95. Retrieved 31 December 2006.</ref> Some efforts have been made to hold Kissinger himself responsible for perceived injustices of American foreign policy during his tenure in government.<ref name=Fairfax>[http://www.smh.com.au/articles/2002/04/29/1019441343996.html "Why the law wants a word with Kissinger"], [[Fairfax Digital]], 30 April 2002</ref> |
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As of 16 June 2012, the Prosecutor has been [[Fatou Bensouda]] of [[Gambia]], who had been elected as the new Prosecutor on 12 December 2011.<ref>[http://www.icc-cpi.int/NR/exeres/0E0A4EE7-6C79-4FA1-85CB-4752DEEC1488.htm The Assembly of States Parties to the Rome Statute opens its tenth session]. ICC. 14 December 2011. Retrieved 14 December 2011.</ref> She has been elected for nine years.<ref name=prosecutor/> Her predecessor, [[Luis Moreno Ocampo]] of [[Argentina]], had been in office from 2003 to 2012. |
As of 16 June 2012, the Prosecutor has been [[Fatou Bensouda]] of [[Gambia]], who had been elected as the new Prosecutor on 12 December 2011.<ref>[http://www.icc-cpi.int/NR/exeres/0E0A4EE7-6C79-4FA1-85CB-4752DEEC1488.htm The Assembly of States Parties to the Rome Statute opens its tenth session]. ICC. 14 December 2011. Retrieved 14 December 2011.</ref> She has been elected for nine years.<ref name=prosecutor/> Her predecessor, [[Luis Moreno Ocampo]] of [[Argentina]], had been in office from 2003 to 2012. |
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The Rome Statute provides that all persons are [[Presumption of innocence|presumed innocent until proven guilty]] beyond [[Legal burden of proof|reasonable doubt]],<ref>Article 66 of the [Rome Statute]. Retrieved 18 October 2013.</ref> and establishes certain rights of the accused and persons during investigations.<ref>The rights of persons during an investigation are provided in Article 55. Rights of the accused are provided in Part 6, especially Article 67. See also Amnesty International, 1 August 2000. ''[https://www.amnesty.org/en/library/info/IOR40/009/2000 The International Criminal Court: Fact sheet 9 – Fair trial guarantees]''. Retrieved 20 March 2008.</ref> These include the right to be fully informed of the charges against him or her; the right to have a lawyer appointed, free of charge; the right to a [[speedy trial]]; and the right to examine the witnesses against him or her. |
The Rome Statute provides that all persons are [[Presumption of innocence|presumed innocent until proven guilty]] beyond [[Legal burden of proof|reasonable doubt]],<ref>Article 66 of the [Rome Statute]. Retrieved 18 October 2013.</ref> and establishes certain rights of the accused and persons during investigations.<ref>The rights of persons during an investigation are provided in Article 55. Rights of the accused are provided in Part 6, especially Article 67. See also Amnesty International, 1 August 2000. ''[https://www.amnesty.org/en/library/info/IOR40/009/2000 The International Criminal Court: Fact sheet 9 – Fair trial guarantees]''. Retrieved 20 March 2008.</ref> These include the right to be fully informed of the charges against him or her; the right to have a lawyer appointed, free of charge; the right to a [[speedy trial]]; and the right to examine the witnesses against him or her. |
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To ensure "equality of arms" between defence and prosecution teams, the ICC has established an independent Office of Public Counsel for the Defence (OPCD) to provide logistical support, advice and information to defendants and their counsel.<ref>Katy Glassborow (21 August 2006). {{ |
To ensure "equality of arms" between defence and prosecution teams, the ICC has established an independent Office of Public Counsel for the Defence (OPCD) to provide logistical support, advice and information to defendants and their counsel.<ref>Katy Glassborow (21 August 2006). {{cite web|url=http://www.globalpolicy.org/intljustice/general/2006/0821defenders.htm |title="Defending the Defenders" |accessdate=2007-05-03 |deadurl=bot: unknown |archiveurl=https://web.archive.org/web/20070509025812/http://www.globalpolicy.org/intljustice/general/2006/0821defenders.htm |archivedate=9 May 2007 |df=dmy-all }}. [[Global Policy Forum]]. Retrieved 3 May 2007.</ref><ref>International Criminal Court. {{cite web|url=http://www.icc-cpi.int/defence/defaccused.html |title="Rights of the Defence" |accessdate=2007-05-03 |deadurl=bot: unknown |archiveurl=https://web.archive.org/web/20070422074334/http://www.icc-cpi.int/defence/defaccused.html |archivedate=22 April 2007 |df=dmy-all }}. Retrieved 3 May 2007.</ref> The OPCD also helps to safeguard the rights of the accused during the initial stages of an investigation.<ref>International Criminal Court, 2005. ''[http://www.derechos.org/nizkor/icc/iccreport.html Report of the International Criminal Court for 2004]''. Retrieved 3 May 2007.</ref> However, Thomas Lubanga's defence team say they were given a smaller budget than the Prosecutor and that evidence and witness statements were slow to arrive.<ref name="cfr">Stephanie Hanson (17 November 2006). [http://www.cfr.org/publication/12048/ ''Africa and the International Criminal Court'']. [[Council on Foreign Relations]]. Retrieved 23 November 2006.</ref> |
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===Victim participation=== |
===Victim participation=== |
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One of the great innovations of the Statute of the International Criminal Court and its Rules of Procedure and Evidence is the series of rights granted to victims.<ref>International Criminal Court. {{ |
One of the great innovations of the Statute of the International Criminal Court and its Rules of Procedure and Evidence is the series of rights granted to victims.<ref>International Criminal Court. {{cite web|url=http://www.icc-cpi.int/victimsissues.html |title=''Victims and witnesses'' |accessdate=2006-06-29 |deadurl=bot: unknown |archiveurl=https://web.archive.org/web/20070702033823/http://www.icc-cpi.int/victimsissues.html |archivedate=2 July 2007 |df=dmy-all }}. Accessed 22 June 2007.</ref><ref>Ilaria Bottigliero (April 2003). [http://www.sgiquarterly.org/english/Features/quarterly/0304/perspective.htm "The International Criminal Court – Hope for the Victims"]. 32 ''[[SGI Quarterly]]''. pp. 13–15. Accessed 24 July 2007.</ref> For the first time in the history of international criminal justice, victims have the possibility under the Statute to present their views and observations before the Court. |
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Participation before the Court may occur at various stages of proceedings and may take different forms, although it will be up to the judges to give directions as to the timing and manner of participation. |
Participation before the Court may occur at various stages of proceedings and may take different forms, although it will be up to the judges to give directions as to the timing and manner of participation. |
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=== Reparations === |
=== Reparations === |
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Victims before the International Criminal Court can also claim reparations under Article 75 of the Rome Statute. Reparations can only be claimed when a defendant is convicted and at the discretion of the Court's judges.<ref>{{Cite book|title = Justice for Victims Before the International Criminal Court|url = https://books.google.com/books?id=eefpAwAAQBAJ|publisher = Routledge|date = 2014-06-27|isbn = 9781317910824|first = Luke|last = Moffett}}</ref> So far the Court has ordered reparations against Thomas Lubanga.<ref>{{Cite web|url = http://www.icc-cpi.int/iccdocs/doc/doc1447971.pdf|title = Decision establishing the principles and procedures to be applied to reparations|date = |accessdate = |website = |publisher = |last = |first = }}</ref> Reparations can include compensation, restitution and rehabilitation, but other forms of reparations may be appropriate for individual, collective or community victims. Article 79 of the Rome Statute establishes a Trust Fund to provide assistance before a reparation order to victims in a situation or to support [[Reparation (legal)|reparations]] to victims and their families if the convicted person has no money.<ref>International Criminal Court. {{ |
Victims before the International Criminal Court can also claim reparations under Article 75 of the Rome Statute. Reparations can only be claimed when a defendant is convicted and at the discretion of the Court's judges.<ref>{{Cite book|title = Justice for Victims Before the International Criminal Court|url = https://books.google.com/books?id=eefpAwAAQBAJ|publisher = Routledge|date = 2014-06-27|isbn = 9781317910824|first = Luke|last = Moffett}}</ref> So far the Court has ordered reparations against Thomas Lubanga.<ref>{{Cite web|url = http://www.icc-cpi.int/iccdocs/doc/doc1447971.pdf|title = Decision establishing the principles and procedures to be applied to reparations|date = |accessdate = |website = |publisher = |last = |first = }}</ref> Reparations can include compensation, restitution and rehabilitation, but other forms of reparations may be appropriate for individual, collective or community victims. Article 79 of the Rome Statute establishes a Trust Fund to provide assistance before a reparation order to victims in a situation or to support [[Reparation (legal)|reparations]] to victims and their families if the convicted person has no money.<ref>International Criminal Court. {{cite web|url=http://www.icc-cpi.int/vtf.html |title=''Trust Fund for Victims'' |accessdate=2006-06-29 |deadurl=bot: unknown |archiveurl=https://web.archive.org/web/20080119095812/http://www.icc-cpi.int/vtf.html |archivedate=19 January 2008 |df=dmy-all }}. Accessed 22 June 2007.</ref> |
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===Co-operation by states not party to Rome Statute=== |
===Co-operation by states not party to Rome Statute=== |
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One of the principles of international law is that a treaty does not create either obligations or rights for third states without their consent (''[[pacta tertiis nec nocent nec prosunt]]''), and this is also enshrined in the 1969 [[Vienna Convention on the Law of Treaties]].<ref>{{cite web |title=Article 34 |work=[[Vienna Convention on the Law of Treaties]] |year=1969 |format=PDF |publisher=United Nations |url=http://legal.un.org/ilc/texts/instruments/english/conventions/1_1_1969.pdf |accessdate=30 October 2011}}</ref> The co-operation of the non-party states with the ICC is envisioned by the [[Rome Statute]] of the International Criminal Court to be of voluntary nature.<ref>Article 87 (5)(a) of the [[s:en:Rome Statute of the International Criminal Court#Article 87 - Requests for cooperation: general provisions|Rome Statute]]. Retrieved 30 October 2008.</ref> However, even states that have not acceded to the Rome Statute might still be subjects to an obligation to co-operate with ICC in certain cases.<ref name=zhu>{{cite journal |last=Zhu |first=Wenqi |title=On Co-Operation by States Not Party to the International Criminal Court |work=[[International Review of the Red Cross]] |issue=861 |pages=87–110 |year=2006 |format=PDF |publisher=[[International Committee of the Red Cross]] |url=http://www.icrc.org/Web/eng/siteeng0.nsf/htmlall/review-861-p87/$File/irrc_861_Wenqi.pdf}}</ref> When a case is referred to the ICC by the UN [[Security Council]] all UN member states are obliged to co-operate, since its decisions are binding for all of them.<ref>Article 25 of the [http://www.un.org/aboutun/charter/ UN Charter]. Retrieved 30 October 2008.</ref> Also, there is an obligation to respect and ensure respect for international humanitarian law, which stems from the [[Geneva Conventions]] and [[Additional Protocol I]],<ref>Article 89 of [http://www.icrc.org/ihl.nsf/7c4d08d9b287a42141256739003e636b/f6c8b9fee14a77fdc125641e0052b079 Additional Protocol I] from 1977. Accessed on 30 October 2008.</ref> which reflects the absolute nature of [[International Humanitarian Law|IHL]].<ref>''Military and Paramilitary Activities in and against Nicaragua ([[Nicaragua v. United States|Nicaragua v. the United States]] of America)'', Merits, Judgment, ICJ Reports 1986, p. 114, para. 220.</ref> Although the wording of the Conventions might not be precise as to what steps have to be taken, it has been argued that it at least requires non-party states to make an effort not to block actions of ICC in response to serious violations of those Conventions.<ref name=zhu/> In relation to co-operation in investigation and evidence gathering, it is implied from the Rome Statute<ref>Article 99 of the [[s:en:Rome Statute of the International Criminal Court#Article 99 - Execution of requests under articles 93 and 96|Rome Statute]]. Retrieved 30 October 2008.</ref> that the consent of a non-party state is a prerequisite for [[w:en:International Criminal Court#Office of the Prosecutor|ICC Prosecutor]] to conduct an investigation within its territory, and it seems that it is even more necessary for him to observe any reasonable conditions raised by that state, since such restrictions exist for states party to the Statute.<ref name=zhu/> Taking into account the experience of the [[International Criminal Tribunal for the former Yugoslavia|ICTY]] (which worked with the principle of the primacy, instead of [[w:en:International Criminal Court#Complementarity|complementarity]]) in relation to co-operation, some scholars have expressed their pessimism as to the possibility of ICC to obtain co-operation of non-party states.<ref name=zhu/> As for the actions that ICC can take towards non-party states that do not co-operate, the Rome Statute stipulates that the Court may inform the [[Assembly of States Parties]] or Security Council, when the matter was referred by it, when non-party state refuses to co-operate after it has entered into an ''ad hoc'' arrangement or an agreement with the Court.<ref>Article 87(5) of the [[s:en:Rome Statute of the International Criminal Court#Article 87 - Requests for cooperation: general provisions|Rome Statute]]. Accessed on 30 October 2008.</ref> |
One of the principles of international law is that a treaty does not create either obligations or rights for third states without their consent (''[[pacta tertiis nec nocent nec prosunt]]''), and this is also enshrined in the 1969 [[Vienna Convention on the Law of Treaties]].<ref>{{cite web |title=Article 34 |work=[[Vienna Convention on the Law of Treaties]] |year=1969 |format=PDF |publisher=United Nations |url=http://legal.un.org/ilc/texts/instruments/english/conventions/1_1_1969.pdf |accessdate=30 October 2011}}</ref> The co-operation of the non-party states with the ICC is envisioned by the [[Rome Statute]] of the International Criminal Court to be of voluntary nature.<ref>Article 87 (5)(a) of the [[s:en:Rome Statute of the International Criminal Court#Article 87 - Requests for cooperation: general provisions|Rome Statute]]. Retrieved 30 October 2008.</ref> However, even states that have not acceded to the Rome Statute might still be subjects to an obligation to co-operate with ICC in certain cases.<ref name=zhu>{{cite journal |last=Zhu |first=Wenqi |title=On Co-Operation by States Not Party to the International Criminal Court |work=[[International Review of the Red Cross]] |issue=861 |pages=87–110 |year=2006 |format=PDF |publisher=[[International Committee of the Red Cross]] |url=http://www.icrc.org/Web/eng/siteeng0.nsf/htmlall/review-861-p87/$File/irrc_861_Wenqi.pdf}}</ref> When a case is referred to the ICC by the UN [[Security Council]] all UN member states are obliged to co-operate, since its decisions are binding for all of them.<ref>Article 25 of the [http://www.un.org/aboutun/charter/ UN Charter] {{webarchive|url=https://web.archive.org/web/20090220011242/http://www.un.org/aboutun/charter/ |date=20 February 2009 }}. Retrieved 30 October 2008.</ref> Also, there is an obligation to respect and ensure respect for international humanitarian law, which stems from the [[Geneva Conventions]] and [[Additional Protocol I]],<ref>Article 89 of [http://www.icrc.org/ihl.nsf/7c4d08d9b287a42141256739003e636b/f6c8b9fee14a77fdc125641e0052b079 Additional Protocol I] from 1977. Accessed on 30 October 2008.</ref> which reflects the absolute nature of [[International Humanitarian Law|IHL]].<ref>''Military and Paramilitary Activities in and against Nicaragua ([[Nicaragua v. United States|Nicaragua v. the United States]] of America)'', Merits, Judgment, ICJ Reports 1986, p. 114, para. 220.</ref> Although the wording of the Conventions might not be precise as to what steps have to be taken, it has been argued that it at least requires non-party states to make an effort not to block actions of ICC in response to serious violations of those Conventions.<ref name=zhu/> In relation to co-operation in investigation and evidence gathering, it is implied from the Rome Statute<ref>Article 99 of the [[s:en:Rome Statute of the International Criminal Court#Article 99 - Execution of requests under articles 93 and 96|Rome Statute]]. Retrieved 30 October 2008.</ref> that the consent of a non-party state is a prerequisite for [[w:en:International Criminal Court#Office of the Prosecutor|ICC Prosecutor]] to conduct an investigation within its territory, and it seems that it is even more necessary for him to observe any reasonable conditions raised by that state, since such restrictions exist for states party to the Statute.<ref name=zhu/> Taking into account the experience of the [[International Criminal Tribunal for the former Yugoslavia|ICTY]] (which worked with the principle of the primacy, instead of [[w:en:International Criminal Court#Complementarity|complementarity]]) in relation to co-operation, some scholars have expressed their pessimism as to the possibility of ICC to obtain co-operation of non-party states.<ref name=zhu/> As for the actions that ICC can take towards non-party states that do not co-operate, the Rome Statute stipulates that the Court may inform the [[Assembly of States Parties]] or Security Council, when the matter was referred by it, when non-party state refuses to co-operate after it has entered into an ''ad hoc'' arrangement or an agreement with the Court.<ref>Article 87(5) of the [[s:en:Rome Statute of the International Criminal Court#Article 87 - Requests for cooperation: general provisions|Rome Statute]]. Accessed on 30 October 2008.</ref> |
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===Amnesties and national reconciliation processes=== |
===Amnesties and national reconciliation processes=== |
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It is unclear to what extent the ICC is compatible with reconciliation processes that grant [[amnesty]] to human rights abusers as part of agreements to end conflict.<ref name=dworkin>Anthony Dworkin (December 2003). [http://www.crimesofwar.org/icc_magazine/icc-intro.html "Introduction"] in ''The International Criminal Court: An End to Impunity?'' Crimes of War Project. Accessed 18 September 2007.</ref> Article 16 of the Rome Statute allows the Security Council to prevent the Court from investigating or prosecuting a case,<ref name="Article 16"/> and Article 53 allows the Prosecutor the discretion not to initiate an investigation if he or she believes that "an investigation would not serve the interests of justice".<ref>Article 53 of the [http://legal.un.org/icc/statute/99_corr/cstatute.htm Rome Statute]. Accessed 20 March 2008.</ref> Former ICC president [[Philippe Kirsch]] has said that "some limited amnesties may be compatible" with a country's obligations genuinely to investigate or prosecute under the Statute.<ref name=dworkin/> |
It is unclear to what extent the ICC is compatible with reconciliation processes that grant [[amnesty]] to human rights abusers as part of agreements to end conflict.<ref name=dworkin>Anthony Dworkin (December 2003). [http://www.crimesofwar.org/icc_magazine/icc-intro.html "Introduction"] in ''The International Criminal Court: An End to Impunity?'' Crimes of War Project. Accessed 18 September 2007.</ref> Article 16 of the Rome Statute allows the Security Council to prevent the Court from investigating or prosecuting a case,<ref name="Article 16"/> and Article 53 allows the Prosecutor the discretion not to initiate an investigation if he or she believes that "an investigation would not serve the interests of justice".<ref>Article 53 of the [http://legal.un.org/icc/statute/99_corr/cstatute.htm Rome Statute]. Accessed 20 March 2008.</ref> Former ICC president [[Philippe Kirsch]] has said that "some limited amnesties may be compatible" with a country's obligations genuinely to investigate or prosecute under the Statute.<ref name=dworkin/> |
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It is sometimes argued that amnesties are necessary to allow the peaceful transfer of power from abusive regimes. By denying states the right to offer amnesty to human rights abusers, the International Criminal Court may make it more difficult to negotiate an end to conflict and a transition to democracy. For example, the outstanding arrest warrants for four leaders of the [[Lord's Resistance Army]] are regarded by some as an obstacle to ending the insurgency in Uganda.<ref>Tim Cocks (30 May 2007). {{ |
It is sometimes argued that amnesties are necessary to allow the peaceful transfer of power from abusive regimes. By denying states the right to offer amnesty to human rights abusers, the International Criminal Court may make it more difficult to negotiate an end to conflict and a transition to democracy. For example, the outstanding arrest warrants for four leaders of the [[Lord's Resistance Army]] are regarded by some as an obstacle to ending the insurgency in Uganda.<ref>Tim Cocks (30 May 2007). {{cite web|url=http://africa.reuters.com/top/news/usnBAN056745.html |title="Uganda Urges Traditional Justice for Rebel Crimes" |accessdate=2007-05-31 |deadurl=bot: unknown |archiveurl=https://web.archive.org/web/20080221135043/http://africa.reuters.com/top/news/usnBAN056745.html |archivedate=21 February 2008 |df=dmy-all }}. ''[[Reuters]]''. Accessed 31 May 2007.</ref><ref>Alasdair Palmer (14 January 2007). [http://www.telegraph.co.uk/opinion/main.jhtml?xml=/opinion/2007/01/14/do1409.xml "When Victims Want Peace, Not Justice"]. ''[[The Sunday Telegraph]]''. Accessed 15 January 2007.</ref> Czech politician Marek Benda argues that "the ICC as a deterrent will in our view only mean the worst dictators will try to retain power at all costs".<ref>Alena Skodova (12 April 2002). [http://www.radio.cz/en/article/26826 "Czech Parliament Against Ratifying International Criminal Court"]. [[Radio Prague]]. Accessed 11 January 2007.</ref> However, the United Nations<ref>See, for example, [[Kofi Annan]] (4 October 2000). [http://www.afrol.com/Countries/Sierra_Leone/documents/un_sil_court_041000.htm ''Report of the Secretary-General on the Establishment of a Special Court for Sierra Leone''], para. 22. Accessed 31 December 2006.</ref> and the [[International Committee of the Red Cross]]<ref>Jean-Marie Henckaerts & Louise Doswald-Beck, 2005. ''Customary International Humanitarian Law'', Volume I: Rules, pp. 613–614. Cambridge: [[Cambridge University Press]]. ISBN 978-0-521-80899-6.</ref> maintain that granting amnesty to those accused of war crimes and other serious crimes is a violation of international law. |
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==Facilities== |
==Facilities== |
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=== Other offices === |
=== Other offices === |
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The ICC maintains a liaison office in New York<ref name=NY>International Criminal Court, January 2007. {{ |
The ICC maintains a liaison office in New York<ref name=NY>International Criminal Court, January 2007. {{cite web|url=http://www.icc-cpi.int/library/about/newsletter/12/en_06.html |title=''Socorro Flores Liera Head of the Liaison Office to the UN'' |accessdate=2008-06-11 |deadurl=bot: unknown |archiveurl=https://web.archive.org/web/20071010033027/http://www.icc-cpi.int/library/about/newsletter/12/en_06.html |archivedate=10 October 2007 |df=dmy-all }}. Retrieved 10 June 2008.</ref> and field offices in places where it conducts its activities.<ref name=field-offices/> As of 18 October 2007, the Court had field offices in [[Kampala]], [[Kinshasa]], [[Bunia]], [[Abéché]] and [[Bangui]].<ref name=field-offices>International Criminal Court, 18 October 2007. {{cite web|url=http://www.icc-cpi.int/press/pressreleases/288.html |title=''The Registrar Inaugurates the ICC Field Office in Bangui'' |accessdate=2008-06-11 |deadurl=bot: unknown |archiveurl=https://web.archive.org/web/20071029044248/http://www.icc-cpi.int/press/pressreleases/288.html |archivedate=29 October 2007 |df=dmy-all }}. Accessed 10 June 2008.</ref> |
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==Finance== |
==Finance== |
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Unlike the [[International Court of Justice]], the ICC is legally independent from the United Nations. However, the Rome Statute grants certain powers to the [[United Nations Security Council]], which limits its functional independence. Article 13 allows the Security Council to refer to the Court situations 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). Article 16 allows the Security Council to require the Court to defer from investigating a case for a period of 12 months.<ref name="Article 16">Article 16 of the [http://legal.un.org/icc/statute/99_corr/cstatute.htm Rome Statute]. Accessed 20 March 2008.</ref> Such a deferral may be renewed indefinitely by the Security Council. This sort of an arrangement gives the ICC some of the advantages inhering in the organs of the United Nations such as using the enforcement powers of the Security Council but it also creates a risk of being tainted with the political controversies of the Security Council.<ref>{{cite web|url=http://www.americanstudents.us/Eyes7/Public/Eyes%20on%20the%20ICC%207.1%20full%20volume%20preview.pdf |title=Abadir M. Ibrahim, The International Criminal Court in Light of Controlling Factors of the Effectiveness of International Human Rights Mechanisms, 7 Eyes on the International Criminal Court (2011). |format=PDF |accessdate=4 November 2011}}</ref> |
Unlike the [[International Court of Justice]], the ICC is legally independent from the United Nations. However, the Rome Statute grants certain powers to the [[United Nations Security Council]], which limits its functional independence. Article 13 allows the Security Council to refer to the Court situations 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). Article 16 allows the Security Council to require the Court to defer from investigating a case for a period of 12 months.<ref name="Article 16">Article 16 of the [http://legal.un.org/icc/statute/99_corr/cstatute.htm Rome Statute]. Accessed 20 March 2008.</ref> Such a deferral may be renewed indefinitely by the Security Council. This sort of an arrangement gives the ICC some of the advantages inhering in the organs of the United Nations such as using the enforcement powers of the Security Council but it also creates a risk of being tainted with the political controversies of the Security Council.<ref>{{cite web|url=http://www.americanstudents.us/Eyes7/Public/Eyes%20on%20the%20ICC%207.1%20full%20volume%20preview.pdf |title=Abadir M. Ibrahim, The International Criminal Court in Light of Controlling Factors of the Effectiveness of International Human Rights Mechanisms, 7 Eyes on the International Criminal Court (2011). |format=PDF |accessdate=4 November 2011}}</ref> |
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The Court cooperates with the UN in many different areas, including the exchange of information and logistical support.<ref name="un&icc">International Criminal Court, 1 February 2007. {{ |
The Court cooperates with the UN in many different areas, including the exchange of information and logistical support.<ref name="un&icc">International Criminal Court, 1 February 2007. {{cite web|url=http://www.icc-cpi.int/press/pressreleases/222.html |title=''UN Secretary-General visits ICC'' |accessdate=2007-02-10 |deadurl=bot: unknown |archiveurl=https://web.archive.org/web/20070211053856/http://www.icc-cpi.int/press/pressreleases/222.html |archivedate=11 February 2007 |df=dmy-all }}. Accessed 1 February 2007.</ref> The Court reports to the UN each year on its activities,<ref name="un&icc"/><ref>International Criminal Court, August 2006. {{PDFWayback |date=20080216043627 |url=http://www.icc-cpi.int/library/organs/presidency/ICC_Report-to-UN_2006_English.pdf |title=''Report of the International Criminal Court for 2005–2006''|size=68.5 KB}}. Accessed 14 May 2007.</ref> and some meetings of the Assembly of States Parties are held at UN facilities. The relationship between the Court and the UN is governed by a "Relationship Agreement between the International Criminal Court and the United Nations".<ref>{{PDFWayback |date=20080216043600 |url=http://www.icc-cpi.int/library/asp/ICC-ASP-3-Res1_English.pdf |title=''Negotiated Relationship Agreement between the International Criminal Court and the United Nations''|size=130 KB}}. Retrieved 23 November 2006.</ref><ref>Coalition for the International Criminal Court, 12 November 2004. {{cite web|url= http://iccnow.org/documents/CICCFS-UNRelationshipAgmt_12Nov04.pdf |title=''Q&A: The Relationship Agreement between the ICC and the UN'' }} {{small|(64.8 KB)}}. Accessed 23 November 2006.</ref> |
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===Nongovernmental organizations=== |
===Nongovernmental organizations=== |
Revision as of 18:59, 11 April 2017
Parties and signatories of the Rome Statute State party
Signatory that has not ratified
Signatory that subsequently withdrew its signature
Non-state party, non-signatory | |
Seat | The Hague, Netherlands |
Working languages | English French |
Official languages[1] | 6 languages
|
Member states | 124 |
Leaders | |
Silvia Fernández de Gurmendi | |
Fatou Bensouda | |
Herman von Hebel | |
Establishment | |
• Rome Statute adopted | 17 July 1998 |
• Entered into force | 1 July 2002 |
Website www.icc-cpi.int |
The International Criminal Court (ICC or ICCt)[2] is an intergovernmental organization and international tribunal that sits in The Hague in the Netherlands. The ICC has the jurisdiction to prosecute individuals for the international crimes of genocide, crimes against humanity, and war crimes. The ICC is intended to complement existing national judicial systems and it may therefore only exercise its jurisdiction when certain conditions are met, such as when national courts are unwilling or unable to prosecute criminals or when the United Nations Security Council or individual states refer investigations to the Court. The ICC began functioning on 1 July 2002, the date that the Rome Statute entered into force. The Rome Statute is a multilateral treaty which serves as the ICC's foundational and governing document. States which become party to the Rome Statute, for example by ratifying it, become member states of the ICC. Currently, there are 124 states which are party to the Rome Statute and therefore members of the ICC. However, Burundi has given formal notice that it will withdraw from the Rome Statute.
The ICC has four principal organs: the Presidency, the Judicial Divisions, the Office of the Prosecutor, and the Registry. The President is the most senior judge chosen by his or her peers in the Judicial Division, which hears cases before the Court. The Office of the Prosecutor is headed by the Prosecutor who investigates crimes and initiates proceedings before the Judicial Division. The Registry is headed by the Registrar and is charged with managing all the administrative functions of the ICC, including the headquarters, detention unit, and public defense office.
The Office of the Prosecutor has opened ten official investigations and is also conducting an additional nine preliminary examinations. Thus far, 39 individuals have been indicted in the ICC, including Ugandan rebel leader Joseph Kony, Sudanese president Omar al-Bashir, Kenyan president Uhuru Kenyatta, Libyan leader Muammar Gaddafi, and Ivorian president Laurent Gbagbo.
History
The establishment of an international tribunal to judge political leaders accused of international crimes was first proposed during the Paris Peace Conference in 1919 following the First World War by the Commission of Responsibilities. The issue was addressed again at a conference held in Geneva under the auspices of the League of Nations in 1937, which resulted in the conclusion of the first convention stipulating the establishment of a permanent international court to try acts of international terrorism. The convention was signed by 13 states, but none ratified it and the convention never entered into force.
Following the Second World War, the allied powers established two ad hoc tribunals to prosecute axis power leaders accused of war crimes. The International Military Tribunal, which sat in Nuremberg, prosecuted German leaders while the International Military Tribunal for the Far East in Tokyo prosecuted Japanese leaders. In 1948 the United Nations General Assembly first recognised the need for a permanent international court to deal with atrocities of the kind prosecuted after the Second World War.[3] At the request of the General Assembly, the International Law Commission (ILC) drafted two statutes by the early 1950s but these were shelved during the Cold War, which made the establishment of an international criminal court politically unrealistic.[4]
Benjamin B. Ferencz, an investigator of Nazi war crimes after the Second World War, and the Chief Prosecutor for the United States Army at the Einsatzgruppen Trial, became a vocal advocate of the establishment of international rule of law and of an international criminal court. In his first book published in 1975, entitled Defining International Aggression: The Search for World Peace, he advocated for the establishment of such a court.[5]
In June 1989 Prime Minister of Trinidad and Tobago A. N. R. Robinson revived the idea of a permanent international criminal court by proposing the creation of such a court to deal with the illegal drug trade.[4][6] Following Trinidad and Tobago's proposal, the General Assembly tasked the ILC with once again drafting a statute for a permanent court.[7] While work began on the draft, the United Nations Security Council established two ad hoc tribunals in the early 1990s. The International Criminal Tribunal for the former Yugoslavia was created in 1993 in response to large-scale atrocities committed by armed forces during Yugoslav Wars and the International Criminal Tribunal for Rwanda was created in 1994 following the Rwandan Genocide. The creation of these tribunals further highlighted the need for a permanent international criminal court.[8]
In 1994, the ILC presented its final draft statute for the International Criminal Court to the General Assembly and recommended that a conference be convened to negotiate a treaty that would serve as the Court's statute.[9] To consider major substantive issues in the draft statute, the General Assembly established the Ad Hoc Committee on the Establishment of an International Criminal Court, which met twice in 1995. After considering the Committee's report, the General Assembly created the Preparatory Committee on the Establishment of the ICC to prepare a consolidated draft text. From 1996 to 1998, six sessions of the Preparatory Committee were held at the United Nations headquarters in New York City, during which NGOs provided input and attended meetings under the umbrella organisation of the Coalition for an ICC (CICC). In January 1998, the Bureau and coordinators of the Preparatory Committee convened for an Inter-Sessional meeting in Zutphen in the Netherlands to technically consolidate and restructure the draft articles into a draft.
Finally the General Assembly convened a conference in Rome in June 1998, with the aim of finalizing the treaty to serve as the Court's statute. On 17 July 1998, the Rome Statute of the International Criminal Court was adopted by a vote of 120 to 7, with 21 countries abstaining. The seven countries that voted against the treaty were China, Iraq, Israel, Libya, Qatar, the United States, and Yemen.[10] Following 60 ratifications, the Rome Statute entered into force on 1 July 2002 and the International Criminal Court was formally established.[11][11] The first bench of 18 judges was elected by the Assembly of States Parties in February 2003. They were sworn in at the inaugural session of the Court on 11 March 2003.[12]
The Court issued its first arrest warrants on 8 July 2005,[13] and the first pre-trial hearings were held in 2006.[14] The Court issued its first judgment in 2012 when it found Congolese rebel leader Thomas Lubanga Dyilo guilty of war crimes related to using child soldiers.[15]
In 2010 the states parties of the Rome Statute held the first Review Conference of the Rome Statute of the International Criminal Court in Kampala, Uganda. There they adopted two amendments to the Statute. The second amendment defined the crime of aggression and outlined the procedure by which the ICC could prosecute individuals. However, the conditions outlined in the amendment have not yet been met and the ICC can not yet exercise jurisdiction over crimes of aggression.
In October 2016, after repeated claims that the court was biased against African states, Burundi, South Africa and the Gambia announced their withdrawals from the Rome Statute.[16] However, following Gambia's presidential election later that year, which ended the long rule of Yahya Jammeh, Gambia rescinded its withdrawal notification.[17] The High Court of South Africa ruled in February 2017 that the South African government's notification was not legal, and it was required to revoke the notice effective 7 March 2017.[18] Experts believe that Kenya, Namibia and Uganda may soon follow in withdrawing from the court, while South Africa is still committed to withdrawing, leading to a mass African exodus.[16][19]
Structure
The ICC is governed by an Assembly of States Parties, which is made up of the states which are party to the Rome Statute[20] The Assembly elects officials of the Court, approves its budget, and adopts amendments to the Rome Statute. The Court itself, however, is composed of four organs: the Presidency, the Judicial Divisions, the Office of the Prosecutor, and the Registry.[21]
State parties
As of February 2024[update], 124 states[22] are parties to the Statute of the Court, including all the countries of South America, nearly all of Europe, most of Oceania and roughly half of Africa.[23][24] Burundi and the Philippines were member states, but later withdrew effective 27 October 2017[25] and 17 March 2019,[26] respectively.[23][24] A further 31 countries[22] have signed but not ratified the Rome Statute.[23][24] The law of treaties obliges these states to refrain from "acts which would defeat the object and purpose" of the treaty until they declare they do not intend to become a party to the treaty.[27] Four signatory states—Israel in 2002,[28] the United States on 6 May 2002,[29][30] Sudan on 26 August 2008,[31] and Russia on 30 November 2016[32]—have informed the UN Secretary General that they no longer intend to become states parties and, as such, have no legal obligations arising from their signature of the Statute.[23][24]
Forty-one additional states[22] have neither signed nor acceded to the Rome Statute. Some of them, including China and India, are critical of the Court.[33][34] Ukraine, a non-ratifying signatory, has accepted the Court's jurisdiction for a period starting in 2013.[35]
Assembly of States Parties
The Court's management oversight and legislative body, the Assembly of States Parties, consists of one representative from each state party.[36] Each state party has one vote and "every effort" has to be made to reach decisions by consensus.[36] If consensus cannot be reached, decisions are made by vote.[36] The Assembly is presided over by a president and two vice-presidents, who are elected by the members to three-year terms.
The Assembly meets in full session once a year in New York or The Hague, and may also hold special sessions where circumstances require.[36] Sessions are open to observer states and non-governmental organizations.[37]
The Assembly elects the judges and prosecutors, decides the Court's budget, adopts important texts (such as the Rules of Procedure and Evidence), and provides management oversight to the other organs of the Court.[20][36] Article 46 of the Rome Statute allows the Assembly to remove from office a judge or prosecutor who "is found to have committed serious misconduct or a serious breach of his or her duties" or "is unable to exercise the functions required by this Statute".[38]
The states parties cannot interfere with the judicial functions of the Court.[39] Disputes concerning individual cases are settled by the Judicial Divisions.[39]
In 2010, Kampala, Uganda hosted the Assembly's Rome Statute Review Conference.[40]
The Assembly meets every year rotating between New York and The Hague, the Netherlands.
Organs of the Court
The Court has four organs: the Presidency, the Judicial Division, the Office of the Prosecutor, and the Registry.
Presidency
The Presidency is responsible for the proper administration of the Court (apart from the Office of the Prosecutor).[41] 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.[42] The current (and first female) president is Silvia Fernández de Gurmendi, who was elected on 11 March 2015.[43][44]
Judicial Divisions
The Judicial Divisions consist of the 18 judges of the Court, organized into three chambers—the Pre-Trial Chamber, Trial Chamber and Appeals Chamber—which carry out the judicial functions of the Court.[45] Judges are elected to the Court by the Assembly of States Parties.[45] They serve nine-year terms and are not generally eligible for re-election.[45] All judges must be nationals of states parties to the Rome Statute, and no two judges may be nationals of the same state.[46] They must be "persons of high moral character, impartiality and integrity who possess the qualifications required in their respective States for appointment to the highest judicial offices".[46]
The Prosecutor or any person being investigated or prosecuted may request the disqualification of a judge from "any case in which his or her impartiality might reasonably be doubted on any ground".[47] Any request for the disqualification of a judge from a particular case is decided by an absolute majority of the other judges.[47] A judge may be removed from office 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.[38] The removal of a judge requires both a two-thirds majority of the other judges and a two-thirds majority of the states parties.[38]
Office of the Prosecutor
The Office of the Prosecutor (OTP) is responsible for conducting investigations and prosecutions.[48] It is headed by the Chief Prosecutor, who is assisted by one or more Deputy Prosecutors.[21] The Rome Statute provides that the Office of the Prosecutor shall act independently;[49] as such, no member of the Office may seek or act on instructions from any external source, such as states, international organisations, non-governmental organisations or individuals.[48]
The Prosecutor may open an investigation under three circumstances:[48]
- when a situation is referred to him or her by a state party;
- when a situation is referred to him or her by the United Nations Security Council, acting to address a threat to international peace and security; or
- when the Pre-Trial Chamber authorises him or her to open an investigation on the basis of information received from other sources, such as individuals or non-governmental organisations.
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".[49] Requests for the disqualification of prosecutors are decided by the Appeals Chamber.[49] A prosecutor may be removed from office by an absolute majority of the states 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.[38] However, critics of the Court argue that there are "insufficient checks and balances on the authority of the ICC prosecutor and judges" and "insufficient protection against politicized prosecutions or other abuses".[50] Henry Kissinger says the checks and balances are so weak that the prosecutor "has virtually unlimited discretion in practice".[51] Some efforts have been made to hold Kissinger himself responsible for perceived injustices of American foreign policy during his tenure in government.[52]
As of 16 June 2012, the Prosecutor has been Fatou Bensouda of Gambia, who had been elected as the new Prosecutor on 12 December 2011.[53] She has been elected for nine years.[48] Her predecessor, Luis Moreno Ocampo of Argentina, had been in office from 2003 to 2012.
Policy Paper
Policy Paper is a document published by the Office of the Prosecutor occasionally where the particular considerations given to the topics in focus of the Office and often criteria for case selection are stated.[54] While a policy paper does not give the Court jurisdiction over a new category of crimes, it promises what the Office of Prosecutor will consider when selecting cases in the upcoming term of service. OTP's policy papers are subject to revision.[55]
The five following Policy Paper have been published since the starting point of the ICC:
- 1 September 2007: Policy Paper on the Interest of Justice [56]
- 12 April 2010: Policy Paper on Victims’ Participation [57]
- 1 November 2013: Policy Paper on Preliminary Examinations [58]
- 20 June 2014: Policy Paper on Sexual and Gender-Based Crimes [59]
- 15 September 2016: Policy paper on case selection and prioritisation [60]
Environmental crimes
On the Policy Paper published in September 2016 it was announced that the International Criminal Court will focus on environmental crimes when selecting the cases.[61] According to this document, the Office will give particular consideration to prosecuting Rome Statute crimes that are committed by means of, or that result in, "inter alia, the destruction of the environment, the illegal exploitation of natural resources or the illegal dispossession of land".[62]
This has been interpreted as a major shift towards the environmental crimes [63][64] and a move with significant effects.[65][66]
Registry
The Registry is responsible for the non-judicial aspects of the administration and servicing of the Court.[67] This includes, among other things, "the administration of legal aid matters, court management, victims and witnesses matters, defence counsel, detention unit, and the traditional services provided by administrations in international organisations, such as finance, translation, building management, procurement and personnel".[67] The Registry is headed by the Registrar, who is elected by the judges to a five-year term.[21] The current Registrar is Herman von Hebel, who was elected on 8 March 2013.[68]
Jurisdiction and admissibility
The Rome Statute requires that several criteria exist in a particular case before an individual can be prosecuted by the Court. The Statute contains three jurisdictional requirements and three admissibility requirements. All criteria must be met for a case to proceed.
Jurisdiction
There are three jurisdictional requirements in the Rome Statute that must be met before a case may begin against an individual. The requirements are (1) subject-matter jurisdiction (what acts constitute crimes), (2) territorial or personal jurisdiction (where the crimes were committed or who committed them), and (3) temporal jurisdiction (when the crimes were committed).
Subject-matter jurisdiction
The Court's subject-matter jurisdiction means the crimes for which individuals can be prosecuted. Individuals can only be prosecuted for crimes that are listed in the Statute. The primary crimes are listed in article 5 of the Statute and defined in later articles: genocide (defined in article 6), crimes against humanity (defined in article 7), war crimes (defined in article 8), and crimes of aggression (defined in article 8 bis) (which is not yet within the jurisdiction of the Court; see below).[69] In addition, article 70 defines offences against the administration of justice, which are also crimes for which individuals can be prosecuted.
Genocide
Article 6 defines the crime of genocide as "acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group".[70] There are five such acts which constitute crimes of genocide under article 6:[71]
- Killing members of a group
- Causing serious bodily or mental harm to members of the group
- Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction
- Imposing measures intended to prevent births within the group
- Forcibly transferring children of the group to another group
The definition of these crimes is identical to those contained within the Convention on the Prevention and Punishment of the Crime of Genocide of 1948.
Crimes against humanity
Article 7 defines crimes against humanity as acts "committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack".[72] The article lists 16 such as individual crimes:[73]
- Murder
- Extermination
- Enslavement
- Deportation or forcible transfer of population
- Imprisonment or other severe deprivation of physical liberty
- Torture
- Rape
- Sexual slavery
- Enforced prostitution
- Forced pregnancy
- Enforced sterilization
- Sexual violence
- Persecution
- Enforced disappearance of persons
- Apartheid
- Other inhumane acts
War crimes
Article 8 defines war crimes depending on whether an armed conflict is either international (which generally means it is fought between states) or non-international (which generally means that it is fought between non-state actors, such as rebel groups, or between a state and such non-state actors). In total there are 74 war crimes listed in article 8.[73] The most serious crimes, however, are those that constitute either grave breaches of the Geneva Conventions of 1949, which only apply to international conflicts,[73] and serious violations of article 3 common to the Geneva Conventions of 1949, which apply to non-international conflicts.[74]
There are 11 crimes which constitute grave breaches of the Geneva Conventions and which are applicable only to international armed conflicts:[73]
- Willful killing
- Torture
- Inhumane treatment
- Biological experiments
- Willfully causing great suffering
- Destruction and appropriation of property
- Compelling service in hostile forces
- Denying a fair trial
- Unlawful deportation and transfer
- Unlawful confinement
- Taking hostages
There are seven crimes which constitute serious violations of article 3 common to the Geneva Conventions and which are applicable only to non-international armed conflicts:[73]
- Murder
- Mutilation
- Cruel treatment
- Torture
- Outrages upon personal dignity
- Taking hostages
- Sentencing or execution without due process
Additionally, there are 56 other crimes which defined by article 8: 35 that apply to international armed conflicts and 21 that apply to non-international armed conflicts.[73] Such crimes include attacking civilians or civilian objects, attacking peacekeepers, causing excessive incidental death or damage, transferring populations into occupied territories, treacherously killing or wounding, denying quarter, pillaging, employing poison, using expanding bullets, rape and other forms of sexual violence, and conscripting or using child soldiers.[75]
Crimes of aggression
Article 8 bis defines crimes of aggression, however the Court is not yet able to prosecute individuals for these crimes. The Statute originally provided that the Court could not exercise its jurisdiction over the crime of aggression until such time as the states parties agreed on a definition of the crime and set out the conditions under which it could be prosecuted.[3][76] Such an amendment was adopted at the first review conference of the ICC in Kampala, Uganda, in June 2010. However, this amendment specified that the ICC would not be allowed to exercise jurisdiction of the crime of aggression until two further conditions had been satisfied: (1) the amendment has entered into force for 30 states parties and (2) on or after 1 January 2017, the Assembly of States Parties has voted in favor of allowing the Court to exercise jurisdiction.
The Statute, as amended, defines the crime of aggression 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."[77] The Statute defines an "act of aggression" as "the use of armed force by a State against the sovereignty, territorial integrity or political independence of another State, or in any other manner inconsistent with the Charter of the United Nations."[78] The article also contains a list of seven acts of aggression, which are identical to those in United Nations General Assembly Resolution 3314 of 1974 and include the following acts when committed by one state against another state:[79]
- Invasion or attack by armed forces against territory
- Military occupation of territory
- Annexation of territory
- Bombardment against territory
- Use of any weapons against territory
- Blockade of ports or coasts
- Attack on the land, sea, or air forces or marine and air fleets
- The use of armed forces which are within the territory of another state by agreement, but in contravention of the conditions of the agreement
- Allowing territory to be used by another state to perpetrate an act of aggression against a third state
- Sending armed bands, groups, irregulars, or mercenaries to carry out acts of armed force
Offences against the administration of justice
Article 70 criminalizes certain intentional acts which interfere with investigations and proceedings before the Court, including giving false testimony, presenting false evidence, corruptly influencing a witness or official of the Court, retaliating against an official of the Court, and soliciting or accepting bribes as an official of the Court.[80]
Territorial or personal jurisdiction
For an individual to be prosecuted by the Court either territorial jurisdiction or personal jurisdiction must exist. Therefore, an individual can only be prosecuted if he or she has either (1) committed a crime within the territorial jurisdiction of the Court or (2) committed a crime while a national of a state that is within the territorial jurisdiction of the Court.
Territorial jurisdiction
The territorial jurisdiction of the Court includes the territory, registered vessels, and registered aircraft of states which have either (1) become party to the Rome Statute or (2) accepted the Court's jurisdiction by filing a declaration with the Court.[81]
In situations that are referred to the Court by the United Nations Security Council, the territorial jurisdiction is defined by the Security Council, which may be more expansive than the Court's normal territorial jurisdiction.[82] For example, if the Security Council refers a situation that took place in the territory of a state that has both not become party to the Rome Statute and not lodged a declaration with the Court, the Court will still be able to prosecute crimes that occurred within that state.
Personal jurisdiction
The personal jurisdiction of the Court extends to all natural persons who commit crimes, regardless of where they are located or where the crimes were committed, as long as those individuals are nationals of either (1) states that are party to the Rome Statute or (2) states that have accepted the Court's jurisdiction by filing a declaration with the Court.[81] As with territorial jurisdiction, the personal jurisdiction can be expanded by the Security Council if it refers a situation to the Court.[82]
Temporal jurisdiction
Temporal jurisdiction is the time period over which the Court can exercise its powers. No statute of limitations applies to any of the crimes defined in the Statute.[83] However, the Court's jurisdiction is not completely retroactive. Individuals can only be prosecuted for crimes that took place on or after 1 July 2002, which is the date that the Rome Statute entered into force.[84] However, if a state became party to the Statute, and therefore a member of the Court, after 1 July 2002, then the Court cannot exercise jurisdiction prior to that date for certain cases.[85] For example, if the Statute entered into force for a state on 1 January 2003, the Court could only exercise temporal jurisdiction over crimes that took place in that state or were committed by a national of that state on or after 1 January 2003.
Admissibility
To initiate an investigation, the Prosecutor must (1) have a "reasonable basis to believe that a crime within the jurisdiction of the Court has been or is being committed", (2) the investigation would be consistent with the principle of complementarity, and (3) the investigation serves the interests of justice.[86]
Complementarity
The principle of complementarity means that the Court will only prosecute an individual if states are unwilling or unable to prosecute. Therefore, if legitimate national investigations or proceedings into crimes have taken place or are ongoing, the Court will not initiate proceedings. This principle applies regardless of the outcome of national proceedings.[87] Even if an investigation is closed without any criminal charges being filed or if an accused person is acquitted by a national court, the Court will not prosecute an individual for the crime in question so long as it is satisfied that the national proceedings were legitimate.[87]
Gravity
The Court will only initiate proceedings if a crime is of "sufficient gravity to justify further action by the Court".[88]
Interests of justice
The Prosecutor will initiate an investigation unless there are "substantial reasons to believe that an investigation would not serve the interests of justice" when "[t]aking into account the gravity of the crime and the interests of victims".[89] Furthermore, even if an investigation has been initiated and there are substantial facts to warrant a prosecution and no other admissibility issues, the Prosecutor must determine whether a prosecution would serve the interests of justice "taking into account all the circumstances, including the gravity of the crime, the interests of victims and the age or infirmity of the alleged perpetrator, and his or her role in the alleged crime".[90]
Procedure
Trial
Trials are conducted under a hybrid common law and civil law judicial system, but it has been argued the procedural orientation and character of the court is still evolving.[91] A majority of the three judges present, as triers of fact, may reach a decision, which must include a full and reasoned statement.[92] Trials are supposed to be public, but proceedings are often closed, and such exceptions to a public trial have not been enumerated in detail.[93] In camera proceedings are allowed for protection of witnesses or defendants as well as for confidential or sensitive evidence.[94] Hearsay and other indirect evidence is not generally prohibited, but it has been argued the court is guided by hearsay exceptions which are prominent in common law systems.[95] There is no subpoena or other means to compel witnesses to come before the court, although the court has some power to compel testimony of those who chose to come before it, such as fines.[96]
Rights of the accused
The Rome Statute provides that all persons are presumed innocent until proven guilty beyond reasonable doubt,[97] and establishes certain rights of the accused and persons during investigations.[98] These include the right to be fully informed of the charges against him or her; the right to have a lawyer appointed, free of charge; the right to a speedy trial; and the right to examine the witnesses against him or her.
To ensure "equality of arms" between defence and prosecution teams, the ICC has established an independent Office of Public Counsel for the Defence (OPCD) to provide logistical support, advice and information to defendants and their counsel.[99][100] The OPCD also helps to safeguard the rights of the accused during the initial stages of an investigation.[101] However, Thomas Lubanga's defence team say they were given a smaller budget than the Prosecutor and that evidence and witness statements were slow to arrive.[102]
Victim participation
One of the great innovations of the Statute of the International Criminal Court and its Rules of Procedure and Evidence is the series of rights granted to victims.[103][104] For the first time in the history of international criminal justice, victims have the possibility under the Statute to present their views and observations before the Court.
Participation before the Court may occur at various stages of proceedings and may take different forms, although it will be up to the judges to give directions as to the timing and manner of participation.
Participation in the Court's proceedings will in most cases take place through a legal representative and will be conducted "in a manner which is not prejudicial or inconsistent with the rights of the accused and a fair and impartial trial".
The victim-based provisions within the Rome Statute provide victims with the opportunity to have their voices heard and to obtain, where appropriate, some form of reparation for their suffering. It is the aim of this attempted balance between retributive and restorative justice that, it is hoped, will enable the ICC to not only bring criminals to justice but also help the victims themselves obtain some form of justice. Justice for victims before the ICC comprises both procedural and substantive justice, by allowing them to participate and present their views and interests, so that they can help to shape truth, justice and reparations outcomes of the Court.[105]
Article 43(6) establishes a Victims and Witnesses Unit to provide "protective measures and security arrangements, counseling and other appropriate assistance for witnesses, victims who appear before the Court, and others who are at risk on account of testimony given by such witnesses."[106] Article 68 sets out procedures for the "Protection of the victims and witnesses and their participation in the proceedings."[107] The Court has also established an Office of Public Counsel for Victims, to provide support and assistance to victims and their legal representatives.[108]
The ICC does not have its own witness protection program, but rather must rely on national programs to keep witnesses safe.[109]
Reparations
Victims before the International Criminal Court can also claim reparations under Article 75 of the Rome Statute. Reparations can only be claimed when a defendant is convicted and at the discretion of the Court's judges.[110] So far the Court has ordered reparations against Thomas Lubanga.[111] Reparations can include compensation, restitution and rehabilitation, but other forms of reparations may be appropriate for individual, collective or community victims. Article 79 of the Rome Statute establishes a Trust Fund to provide assistance before a reparation order to victims in a situation or to support reparations to victims and their families if the convicted person has no money.[112]
Co-operation by states not party to Rome Statute
One of the principles of international law is that a treaty does not create either obligations or rights for third states without their consent (pacta tertiis nec nocent nec prosunt), and this is also enshrined in the 1969 Vienna Convention on the Law of Treaties.[113] The co-operation of the non-party states with the ICC is envisioned by the Rome Statute of the International Criminal Court to be of voluntary nature.[114] However, even states that have not acceded to the Rome Statute might still be subjects to an obligation to co-operate with ICC in certain cases.[115] When a case is referred to the ICC by the UN Security Council all UN member states are obliged to co-operate, since its decisions are binding for all of them.[116] Also, there is an obligation to respect and ensure respect for international humanitarian law, which stems from the Geneva Conventions and Additional Protocol I,[117] which reflects the absolute nature of IHL.[118] Although the wording of the Conventions might not be precise as to what steps have to be taken, it has been argued that it at least requires non-party states to make an effort not to block actions of ICC in response to serious violations of those Conventions.[115] In relation to co-operation in investigation and evidence gathering, it is implied from the Rome Statute[119] that the consent of a non-party state is a prerequisite for ICC Prosecutor to conduct an investigation within its territory, and it seems that it is even more necessary for him to observe any reasonable conditions raised by that state, since such restrictions exist for states party to the Statute.[115] Taking into account the experience of the ICTY (which worked with the principle of the primacy, instead of complementarity) in relation to co-operation, some scholars have expressed their pessimism as to the possibility of ICC to obtain co-operation of non-party states.[115] As for the actions that ICC can take towards non-party states that do not co-operate, the Rome Statute stipulates that the Court may inform the Assembly of States Parties or Security Council, when the matter was referred by it, when non-party state refuses to co-operate after it has entered into an ad hoc arrangement or an agreement with the Court.[120]
Amnesties and national reconciliation processes
It is unclear to what extent the ICC is compatible with reconciliation processes that grant amnesty to human rights abusers as part of agreements to end conflict.[121] Article 16 of the Rome Statute allows the Security Council to prevent the Court from investigating or prosecuting a case,[122] and Article 53 allows the Prosecutor the discretion not to initiate an investigation if he or she believes that "an investigation would not serve the interests of justice".[123] Former ICC president Philippe Kirsch has said that "some limited amnesties may be compatible" with a country's obligations genuinely to investigate or prosecute under the Statute.[121]
It is sometimes argued that amnesties are necessary to allow the peaceful transfer of power from abusive regimes. By denying states the right to offer amnesty to human rights abusers, the International Criminal Court may make it more difficult to negotiate an end to conflict and a transition to democracy. For example, the outstanding arrest warrants for four leaders of the Lord's Resistance Army are regarded by some as an obstacle to ending the insurgency in Uganda.[124][125] Czech politician Marek Benda argues that "the ICC as a deterrent will in our view only mean the worst dictators will try to retain power at all costs".[126] However, the United Nations[127] and the International Committee of the Red Cross[128] maintain that granting amnesty to those accused of war crimes and other serious crimes is a violation of international law.
Facilities
Headquarters
International Criminal Court | |
---|---|
File:Icc permanent premises.jpg | |
General information | |
Status | Completed |
Type | Office |
Location | The Hague, Netherlands |
Coordinates | 52°6′20″N 4°19′7.16″E / 52.10556°N 4.3186556°E |
Construction started | Autumn 2012 |
Opened | December 2015 |
Technical details | |
Floor area | 52,000 m2 (560,000 sq ft) |
Design and construction | |
Architect(s) | schmidt hammer lassen |
Developer | Combination Visser & Smit Bouw and Boele & van Eesteren ('Courtys') |
Website | |
http://www.icc-permanentpremises.org |
The official seat of the Court is in The Hague, Netherlands, but its proceedings may take place anywhere.[129][130]
The Court moved into its first permanent premises in The Hague, located at Oude Waalsdorperweg 10, on December 14, 2015.[131] Part of The Hague's International Zone,[132] which also contains the Peace Palace, Europol, ICTY, OPCW and The Hague World Forum, the court facilities are situated on the site of the Alexanderkazerne, a former military barracks, adjacent to the dune landscape on the northern edge of the city. The ICC's detention centre is a short distance away.
Development
The land and financing for the new construction were provided by the Netherlands,.[133] In addition, the host state organised and financed the architectural design competition which started at the end of 2008.
Three architects were chosen by an international jury from a total of 171 applicants to enter into further negotiations. The Danish firm schmidt hammer lassen were ultimately selected to design the new premises since its design met all the ICC criteria, such as design quality, sustainability, functionality and costs.[134]
Demolition of the barracks started in November 2011 and was completed in August 2012.[135] In October 2012 the tendering procedure for the General Contractor was completed and the combination Visser & Smit Bouw and Boele & van Eesteren (“Courtys”) was selected.[136]
Architecture
The building has a compact footprint and consists of six connected building volumes with a garden motif. The tallest volume with a green facade, placed in the middle of the design, is the Court Tower that accommodates 3 courtrooms. The rest of the building's volumes accommodate the offices of the different organs of the ICC.[137]
Provisional headquarters, 2002–2015
Until late 2015, the ICC was housed in interim premises in The Hague provided by the host state of the Netherlands.[138] Formerly belonging to KPN, the provisional headquarters were located at Maanweg 174 in the east-central portion of the city. The building continues to serve as the seat of Eurojust.
Detention centre
The ICC's detention centre accommodates both those convicted by the court and serving sentences as well as those suspects detained pending the outcome of their trial. It comprises twelve cells on the premises of the Scheveningen branch of the Haaglanden Penal Institution, The Hague, close to the ICC's new headquarters in the Alexanderkazerne.[139][140] Suspects held by the International Criminal Tribunal for the former Yugoslavia are held in the same prison and share some facilities, like the fitness room, but have no contact with suspects held by the ICC.[139]
Other offices
The ICC maintains a liaison office in New York[141] and field offices in places where it conducts its activities.[142] As of 18 October 2007, the Court had field offices in Kampala, Kinshasa, Bunia, Abéché and Bangui.[142]
Finance
The ICC is financed by contributions from the states parties. The amount payable by each state party is determined using the same method as the United Nations:[143] each state's contribution is based on the country's capacity to pay, which reflects factors such as a national income and population. The maximum amount a single country can pay in any year is limited to 22% of the Court's budget; Japan paid this amount in 2008.
The Court spent €80.5 million in 2007,[144] and the Assembly of States Parties has approved a budget of €90,382,100 for 2008[143] and €101,229,900 for 2009.[145] As of September 2008, the ICC’s staff consisted of 571 persons from 83 states.[146]
Trial history to date
To date, the Prosecutor opened investigations in Afghanistan, the Central African Republic, Côte d'Ivoire, Darfur in Sudan, the Democratic Republic of the Congo, Kenya, Libya, Uganda, Bangladesh/Myanmar, Palestine, the Philippines, and Venezuela.[148] Additionally, the Office of the Prosecutor conducted preliminary examinations in situations in Bolivia, Colombia, Guinea, Iraq / the United Kingdom, Nigeria, Georgia, Honduras, South Korea, Ukraine and Venezuela.[149][150] Preliminary investigations were closed in Gabon; Honduras; registered vessels of Comoros, Greece, and Cambodia; South Korea; and Colombia on events since 1 July 2002.[149]
The Court's Pre-Trial Chambers have publicly indicted 57 people. Proceedings against 25 are ongoing: 20 are at large as fugitives and five are on trial. Proceedings against 32 have been completed: two are serving sentences, seven have finished sentences, four have been acquitted, seven have had the charges against them dismissed, four have had the charges against them withdrawn, and eight have died before the conclusion of the proceedings against them.
The Lubanga and Katanga-Chui trials in the situation of the DR Congo are concluded. Mr Lubanga and Mr Katanga were convicted and sentenced to 14 and 12 years imprisonment, respectively, whereas Mr Chui was acquitted.
The Bemba trial in the Central African Republic situation is concluded. Mr Bemba was convicted on two counts of crimes against humanity and three counts of war crimes. This marked the first time the ICC convicted someone of sexual violence as they added rape to his conviction.[151]
Trials in the Ntaganda case (DR Congo), the Bemba et al. OAJ case and the Laurent Gbagbo-Blé Goudé trial in the Côte d'Ivoire situation are ongoing. The Banda trial in the situation of Darfur, Sudan, was scheduled to begin in 2014 but the start date was vacated. Charges against Dominic Ongwen in the Uganda situation and Ahmed al-Faqi in the Mali situation have been confirmed; both are awaiting their trials.
Investigations and preliminary examinations
Green: Official investigations (Uganda, Democratic Republic of Congo, Central African Republic (2), Darfur (Sudan), Kenya, Libya, Côte d'Ivoire, Mali, Georgia)
Orange: Authorization to open investigation requested (none at present)
Light red: Ongoing preliminary examinations (Afghanistan, Burundi, Colombia, Comoros, Guinea, Iraq, Nigeria, Ukraine, Palestine)
Dark red: Closed preliminary examinations (Honduras, Korea, Venezuela)
Currently, the Office of the Prosecutor has opened investigations in Afghanistan, the Central African Republic, Côte d'Ivoire, Darfur in Sudan, the Democratic Republic of the Congo, Kenya, Libya, Uganda, Bangladesh/Myanmar, Palestine, the Philippines, and Venezuela.[152] Additionally, the Office of the Prosecutor conducted preliminary examinations in situations in Bolivia, Colombia, Guinea, Iraq / the United Kingdom, Nigeria, Georgia, Honduras, South Korea, Ukraine and Venezuela.[149][153] Preliminary investigations were closed in Gabon; Honduras; registered vessels of Comoros, Greece, and Cambodia; South Korea; and Colombia on events since 1 July 2002.[149]
Situation | Publicly indicted | Ongoing procedures | Procedures finished, due to ... | PTC | TCs | ||||||
Not before court | Pre-Trial | Trial | Appeal | Death | Inadmissibility | Acquittal etc. | Conviction | ||||
[note 2] | [note 3] | [note 4] | [note 5] | [note 6] | [note 7] | [note 8] | [note 9] | [note 10] | |||
Democratic Republic of the Congo | 6 | 1 Mudacumura |
0 | 1 Ntaganda |
0 | 0 | 0 | 2 Chui, Mbarushimana |
2 Katanga, Lubanga |
I | VI Ntaganda |
Uganda | 5 | 2 Kony, Otti |
0 | 1 Ongwen |
0 | 2 Lukwiya, Odhiambo |
0 | 0 | 0 | II | IX Ongwen |
Central African Republic I | 5 | 0 | 0 | 0 | 5 Bemba (main case); Kilolo, Babala, Mangenda, Arido + Bemba (OAJ) |
0 | 0 | 0 | 0 | II | III Bemba VII Bemba et al. |
Darfur, Sudan | 7 | 4 Haroun, Kushayb, al-Bashir, Hussein |
1 Banda |
0 | 0 | 1 Jerbo |
0 | 1 Abu Garda |
0 | II | IV Banda |
Kenya | 9 | 3 Barasa, Gicheru, Bett |
0 | 0 | 0 | 0 | 0 | 6 Kosgey, Ali, Muthaura, Kenyatta, Ruto, Sang |
0 | II | |
Libya | 3 | 1 S. Gaddafi |
0 | 0 | 0 | 1 M. Gaddafi |
1 Senussi |
0 | 0 | I | |
Côte d'Ivoire | 3 | 1 S. Gbagbo |
0 | 2 L. Gbagbo, Blé Goudé |
0 | 0 | 0 | 0 | 0 | I | I L. Gbagbo-Blé Goudé |
Mali | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 al-Mahdi |
I | VIII al-Mahdi |
Central African Republic II | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | II | |
Georgia | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | I | |
Total | 39 | 12 | 1 | 4 | 5 | 4 | 1 | 9 | 3 |
---|
Notes
- ^ A situation is listed here if an investigation was begun by the Prosecutor.
- ^ Indicted but has not yet appeared before the Court.
- ^ Indicted and has had at least first appearance; trial has not yet begun.
- ^ Trial has begun but has not yet been completed.
- ^ Trial has been completed and verdict delivered but appeal is pending.
- ^ Indicted but died before the trial and/or appeal (where applicable) was concluded.
- ^ Indicted but case was held inadmissible.
- ^ Indicted but either charges not confirmed or withdrawn or proceedings terminated or acquitted. If charges were not confirmed or withdrawn or if proceedings were terminated, the Prosecutor may again prosecute with fresh evidence.
- ^ Pre-Trial Chamber currently in charge
- ^ Trial Chambers currently in charge; once proceedings have moved to the Appeals Chamber, the Trial Chamber designation will be removed here.
Between initial appearance and beginning of confirmation of charges hearing | Between beginning of confirmation of charges hearing and beginning of trial | Between beginning of trial and judgment | Between trial judgment and appeals judgment |
Bemba | |||
Bemba-Kilolo-Babala-Mangenda-Arido | |||
Ntaganda | |||
L Gbagbo-Blé Goude | |||
al-Mahdi | |||
Ongwen | |||
Banda |
Situation | Individuals indicted [note 2] |
Indicted[note 3] | Transfer to ICC Initial appearance [note 4] |
Confirmation of charges hearing Result |
Trial Result |
Appeal hearings Result |
Current status | Ref. | ||||
Date | G | CAH | WC | OAJ | ||||||||
Democratic Republic of the Congo Investigation article |
Thomas Lubanga Dyilo | 10 February 2006 | — | — | 3 | — | 17 March 2006 20 March 2006 |
9-28 November 2006 confirmed 29 January 2007 |
26 January 2009 – 26 August 2011 convicted 14 March 2012 sentenced 10 July 2012 |
19–20 May 2014 verdict and sentence confirmed 1 December 2014 |
Convicted and sentenced to 14 years imprisonment; decision final; reparations regime established; ICC-related sentence served (after 14 years) | [154] |
Bosco Ntaganda | 22 August 2006 13 July 2012 |
— | 3 | 7 | — | 22 March 2013 26 March 2013 |
10-14 February 2014 confirmed 9 June 2014 |
2 September 2015 - 30 August 2018 convicted 8 July 2019 sentenced 7 November 2019 |
Verdict and sentence confirmed 30 March 2021 |
Convicted and sentenced to 30 years imprisonment; decision final; in custody of Belgian authorities; release between 2033 and 2043 | [155] [156] [157] | |
Germain Katanga | 2 July 2007 | — | 3 | 6 | — | 17 October 2007 22 October 2007 |
27 June–18 July 2008 confirmed 26 September 2008 |
24 November 2009 – 23 May 2012 convicted 7 March 2014 sentenced 23 May 2014 |
Appeals by Prosecution and Defence discontinued | Convicted and sentenced to 12 years imprisonment; decision final; reparations regime established; ICC-related sentence served (after 8 years, 4 months); remained in custody of DRC authorities due to other charges | [158] [159] [160] | |
Mathieu Ngudjolo Chui | 6 July 2007 | — | 3 | 6 | — | 6 February 2008 11 February 2008 |
24 November 2009 – 23 May 2012 acquitted 18 December 2012 |
21 October 2014 acquittal confirmed 27 February 2015 |
Acquitted; decision final | [161] | ||
Callixte Mbarushimana | 28 September 2010 | — | 5 | 6 | — | 25 January 2011 28 January 2011 |
16-21 September 2011 dismissed 16 December 2011 |
Proceedings finished with charges dismissed, released [note 5] | [162] [163] | |||
Sylvestre Mudacumura | 13 July 2012 | — | — | 9 | — | Not in ICC custody, reportedly died on 17/18 September 2019 | [164] [165] | |||||
Uganda Investigation article |
Joseph Kony | 8 July 2005 | — | 12 | 21 | — | Not in ICC custody | [166] | ||||
Okot Odhiambo | — | 3 | 7 | — | Proceedings finished due to death | |||||||
Raska Lukwiya | — | 1 | 3 | — | Proceedings finished due to death | |||||||
Vincent Otti | — | 11 | 21 | — | Proceedings finished due to death | |||||||
Dominic Ongwen | — | 3 | 4 | — | 21 January 2015 26 January 2015 |
21–27 January 2016 confirmed 23 March 2016 |
6 December 2016 – 12 March 2020 convicted 4 February 2021 sentenced 6 May 2021 |
14-18 February 2022 verdict and sentence confirmed 15 December 2022 |
Convicted and sentenced to 25 years of imprisonment; decision final; in custody of Norwegian authorities, release between 2033 and 2043 | [167] [168] [169] | ||
Central African Republic | Jean-Pierre Bemba | 23 May 2008 10 June 2008 |
— | 3 | 5 | — | 3 July 2008 4 July 2008 |
12-15 January 2009 confirmed 15 June 2009 |
22 November 2010 – 13 November 2014 convicted 21 March 2016 sentenced 21 June 2016 |
9-16 January 2018 acquitted 8 June 2018 |
Acquitted; decision final | [170] |
20 November 2013 | — | — | — | 2 | 23 November 2013 27 November 2013 |
in writing confirmed 11 November 2014 |
29 September 2015 – 2 June 2016 convicted 19 October 2016 sentenced 22 March 2017 partially re-sentenced upon appeal 17 September 2018 |
Verdicts modified and re-sentencing partially remanded to Trial Chamber 8 March 2018 re-sentencing confirmed 27 November 2019 |
Convicted and sentenced to one year of imprisonment and a fine of 300,000 USD; decision final; sentence served | [171] [172] | ||
Aimé Kilolo Musamba | — | — | — | 2 | 25 November 2013 27 November 2013 |
Convicted and sentenced to a fine of 30,000 USD; decision final | ||||||
Fidèle Babala Wandu | — | — | — | 2 | Convicted and sentenced to six months of imprisonment; decision final; sentence served | |||||||
Jean-Jacques Mangenda Kabongo | — | — | — | 2 | 4 December 2013 5 December 2013 |
Convicted and sentenced to eleven months of imprisonment; decision final; sentence served | ||||||
Narcisse Arido | — | — | — | 2 | 18 March 2014 20 March 2014 |
Convicted and sentenced to eleven months of imprisonment; decision final; sentence served | ||||||
Darfur, Sudan Investigation article |
Ahmed Haroun | 27 April 2007 | — | 20 | 22 | — | Not in ICC custody | [173] [174] [175] | ||||
Ali Kushayb | — | 22 | 28 | — | 9 June 2020 15 June 2020 |
24-26 May 2021 confirmed 9 July 2021 |
5 April 2022 – | In ICC custody, charges confirmed, trial before Trial-Chamber I ongoing | ||||
Omar al-Bashir | 4 March 2009 12 July 2010 |
3 | 5 | 2 | — | Not in ICC custody | [176] | |||||
Bahr Idriss Abu Garda | 7 May 2009 (summons) |
— | — | 3 | — | 18 May 2009 | 19-29 October 2009 dismissed 8 February 2010 |
Proceedings finished with charges dismissed [note 5] | [177] | |||
Abdallah Banda | 27 August 2009 (summons) 11 September 2014 (warrant of arrest) |
— | — | 3 | — | 17 June 2010 | 8 December 2010 confirmed 7 March 2011 |
At large under warrant of arrest, previously appeared voluntarily, charges confirmed, trial before Trial Chamber IV to begin | [178] | |||
Saleh Jerbo | 27 August 2009 (summons) |
— | — | 3 | — | Proceedings finished due to death | ||||||
Abdel Raheem Muhammad Hussein | 1 March 2012 | — | 7 | 6 | — | Not in ICC custody | [179] | |||||
Kenya Investigation article |
William Ruto | 8 March 2011 (summons) |
— | 4 | — | — | 7 April 2011 | 1-8 September 2011 confirmed 23 January 2012 |
10 September 2013 – 5 April 2016 (terminated) |
Proceedings terminated with no prejudice to re-prosecution, appeal possible | [180] | |
Joshua Sang | — | 4 | — | — | ||||||||
Henry Kosgey | — | 4 | — | — | 1-8 September 2011 dismissed 23 January 2012 |
Proceedings finished with charges dismissed [note 5] | ||||||
Francis Muthaura | 8 March 2011 (summons) |
— | 5 | — | — | 8 April 2011 | 21 September – 5 October 2011 confirmed 23 January 2012 |
Proceedings finished with confirmed charges withdrawn before trial | [181] | |||
Uhuru Kenyatta | — | 5 | — | — | ||||||||
Mohammed Hussein Ali | — | 5 | — | — | 21 September – 5 October 2011 dismissed 23 January 2012 |
Proceedings finished with charges dismissed [note 5] | ||||||
Walter Barasa | 2 August 2013 | — | — | — | 3 | Not in ICC custody | [182] | |||||
Paul Gicheru | 10 March 2015 | — | — | — | 6 | 3 November 2020 6 November 2020 |
confirmed 15 July 2021 | 15 February 2022 – 27 June 2022 | Proceedings finished due to death | [183] [184] | ||
Philip Kipkoech Bett | — | — | — | 4 | Not in ICC custody | [185] | ||||||
Libya Investigation article |
Muammar Gaddafi | 27 June 2011 | — | 2 | — | — | Proceedings finished due to death | [186] | ||||
Saif al-Islam Gaddafi | — | 2 | — | — | Not in ICC custody | |||||||
Abdullah Senussi | — | 2 | — | — | Proceedings finished with case held inadmissible | |||||||
Al-Tuhamy Mohamed Khaled | 18 April 2013 | — | 4 | 3 | — | Proceedings finished due to death | [187] | |||||
Mahmoud al-Werfalli | 15 August 2017 4 July 2018 |
— | — | 7 | — | Proceedings finished due to death | [188] | |||||
Ivory Coast | Laurent Gbagbo | 23 November 2011 | — | 4 | — | — | 30 November 2011 5 December 2011 |
19–28 February 2013 confirmed 12 June 2014 |
28 January 2016 – 15 January 2019 acquitted 15 January 2019 |
Acquittal confirmed 31 March 2021 |
Acquitted; decision final | [189] |
Charles Blé Goudé | 21 December 2011 | — | 4 | — | — | 22–23 March 2014 27 March 2014 |
29 September – 2 October 2014 confirmed 11 December 2014 | |||||
Simone Gbagbo | 29 February 2012 | — | 4 | — | — | Proceedings finished with charges withdrawn | [190] | |||||
Mali Investigation article |
Ahmad al-Faqi al-Mahdi | 18 September 2015 | — | — | 1 | — | 26 September 2015 30 September 2015 |
1 March 2016 confirmed 24 March 2016 |
22–24 August 2016 convicted and sentenced 27 September 2016 |
Convicted and sentenced to nine years imprisonment; decision final; reparations regime established; ICC-related sentence served (after seven years) | [191] | |
Al Hassan Ag Abdoul Aziz | 27 March 2018 | — | 4 | 4 | — | 31 March 2018 4 April 2018 |
8–17 July 2019 confirmed 30 September 2019 |
14 July 2020 – 25 May 2023 convicted 26 June 2024 sentence to be delivered |
In ICC custody, convicted, to be sentenced by Trial-Chamber X | [192] [193] | ||
Iyad Ag Ghaly | 18 July 2017 | — | 6 | 4 | — | Not in ICC custody | [194] | |||||
Central African Republic II | Alfred Yekatom | 11 November 2018 | — | 6 | 7 | — | 17 November 2018 23 November 2018 |
19 September 2019 – 11 October 2019 confirmed 11 December 2019 |
16 February 2021 – | In ICC custody, charges confirmed, trial before Trial-Chamber V ongoing | [195] | |
Patrice-Edouard Ngaïssona | 7 December 2018 | — | 7 | 9 | — | 23 January 2019 25 January 2019 |
||||||
Maxime Mokom | 10 December 2018 | — | 9 | 13 | — | 14 March 2022 22 March 2022 |
22–24 August 2023 | Proceedings finished with charges withdrawn | [196] | |||
Mahamat Said Abdel Kani | 7 January 2019 | — | 8 | 6 | — | 24 January 2021 28–29 January 2021 |
12–14 October 2022 confirmed 9 December 2021 |
26 September 2022 – | In ICC custody, charges confirmed, trial before Trial-Chamber VI ongoing | [197] | ||
Noureddine Adam | 7 January 2019 | — | 5 | 1 | — | Not in ICC custody | [198] | |||||
Georgia Investigation article |
Mikhail Mindzaev | 24 June 2022 | — | — | 5 | — | Not in ICC custody | [199] | ||||
Gamlet Guchmazov | — | — | 5 | — | Not in ICC custody | |||||||
David Sanakoev | — | — | 2 | — | Not in ICC custody | |||||||
Burundi | Investigation initiated | [200] | ||||||||||
Bangladesh/Myanmar | Investigation initiated | [201] | ||||||||||
Afghanistan Investigation article |
Investigation initiated | [202] | ||||||||||
Palestine Investigation article |
Investigation initiated | [203] | ||||||||||
Philippines | Investigation initiated | [204] | ||||||||||
Venezuela I Investigation article |
Investigation initiated | [205] | ||||||||||
Ukraine Investigation article Arrest warrants article |
Vladimir Putin | 17 March 2023 | — | — | 2 | — | Not in ICC custody | [206] | ||||
Maria Lvova-Belova | — | — | 2 | — | Not in ICC custody | |||||||
Viktor Sokolov | 5 March 2024 | — | 1 | 2 | — | Not in ICC custody | [207] | |||||
Sergey Kobylash | — | 1 | 2 | — | Not in ICC custody | |||||||
Sergei Shoigu | 24 June 2024 | — | 1 | 2 | — | Not in ICC custody | [208] | |||||
Valery Gerasimov | — | 1 | 2 | — | Not in ICC custody |
Notes
- ^ A situation is listed here if the Prosecutor of the Court has opened an investigation.
- ^ Obviously, only persons who are publicly indicted are listed. The Court can issue an indictment under seal.
- ^ If not otherwise noted, the indicted is wanted by warrant of arrest.
- ^ If there was a warrant of arrest, the dates of transfer to the International Criminal Court (in italics) and of the initial appearance are given. In case of a summons to appear, only the date of the initial appearance is given.
- ^ a b c d According to Article 61 (8) of the Rome Statute, "where the Pre-Trial Chamber declines to confirm a charge, the Prosecutor shall not be precluded from subsequently requesting its confirmation if the request is supported by additional evidence."
Relationships
United Nations
Unlike the International Court of Justice, the ICC is legally independent from the United Nations. However, the Rome Statute grants certain powers to the United Nations Security Council, which limits its functional independence. Article 13 allows the Security Council to refer to the Court situations 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). Article 16 allows the Security Council to require the Court to defer from investigating a case for a period of 12 months.[122] Such a deferral may be renewed indefinitely by the Security Council. This sort of an arrangement gives the ICC some of the advantages inhering in the organs of the United Nations such as using the enforcement powers of the Security Council but it also creates a risk of being tainted with the political controversies of the Security Council.[209]
The Court cooperates with the UN in many different areas, including the exchange of information and logistical support.[210] The Court reports to the UN each year on its activities,[210][211] and some meetings of the Assembly of States Parties are held at UN facilities. The relationship between the Court and the UN is governed by a "Relationship Agreement between the International Criminal Court and the United Nations".[212][213]
Nongovernmental organizations
During the 1970s and 1980s, international human rights and humanitarian Nongovernmental Organizations (or NGOs) began to proliferate at exponential rates. Concurrently, the quest to find a way to punish international crimes shifted from being the exclusive responsibility of legal experts to being shared with international human rights activism.
NGOs helped birth the ICC through advocacy and championing for the prosecution of perpetrators of crimes against humanity. NGOs closely monitor the organization's declarations and actions, ensuring that the work that is being executed on behalf of the ICC is fulfilling its objectives and responsibilities to civil society.[214] According to Benjamin Schiff, "From the Statute Conference onward, the relationship between the ICC and the NGOs has probably been closer, more consistent, and more vital to the Court than have analogous relations between NGOs and any other international organization."
There are a number of NGOs working on a variety of issues related to the ICC. The NGO Coalition for the International Criminal Court has served as a sort of umbrella for NGOs to coordinate with each other on similar objectives related to the ICC. The CICC has 2,500 member organizations in 150 different countries.[215] The original steering committee included representatives from the World Federalist Movement, the International Commission of Jurists, Amnesty International, the Lawyers Committee for Human Rights, Human Rights Watch, Parliamentarians for Global Action, and No Peace Without Justice.[214] Today, many of the NGOs with which the ICC cooperates are members of the CICC. These organizations come from a range of backgrounds, spanning from major international NGOs such as Human Rights Watch and Amnesty International, to smaller, more local organizations focused on peace and justice missions.[214] Many work closely with states, such as the International Criminal Law Network, founded and predominantly funded by the Hague municipality and the Dutch Ministries of Defense and Foreign Affairs. The CICC also claims organizations that are themselves federations, such as the International Federation of Human Rights Leagues (FIDH).
CICC members ascribe to three principles that permit them to work under the umbrella of the CICC, so long as their objectives match them:
- Promoting worldwide ratification and implementation of the Rome Statute of the ICC
- Maintaining the integrity of the Rome Statute of the ICC, and
- Ensuring the ICC will be as fair, effective and independent as possible[215]
The NGOs that work under the CICC do not normally pursue agendas exclusive to the work of the Court, rather they may work for broader causes, such as general human rights issues, victims' rights, gender rights, rule of law, conflict mediation, and peace.[214] The CICC coordinates their efforts to improve the efficiency of NGOs' contributions to the Court and to pool their influence on major common issues. From the ICC side, it has been useful to have the CICC channel NGO contacts with the Court so that its officials do not have to interact individually with thousands of separate organizations.
NGOs have been crucial to the evolution of the ICC, as they assisted in the creation of the normative climate that urged states to seriously consider the Court's formation. Their legal experts helped shape the Statute, while their lobbying efforts built support for it. They advocate Statute ratification globally and work at expert and political levels within member states for passage of necessary domestic legislation. NGOs are greatly represented at meetings for the Assembly of States Parties and they use the ASP meetings to press for decisions promoting their priorities.[214] Many of these NGOs have reasonable access to important officials at the ICC because of their involvement during the Statute process. They are engaged in monitoring, commenting upon, and assisting in the ICC's activities.
The ICC many time depends on NGOs to interact with local populations. The Registry Public Information Office personnel and Victims Participation and Reparations Section officials hold seminars for local leaders, professionals and the media to spread the word about the Court.[214] These are the kinds of events that are often hosted or organized by local NGOs. Because there can be challenges with determining which of these NGOs are legitimate, CICC regional representatives often have the ability to help screen and identify trustworthy organizations.
However, NGOs are also "sources of criticism, exhortation and pressure upon" the ICC.[214] The ICC heavily depends on NGOs for its operations. Although NGOs and states cannot directly impact the judicial nucleus of the organization, they can impart information on crimes, can help locate victims and witnesses, and can promote and organize victim participation. NGOs outwardly comment on the Court's operations, "push for expansion of its activities especially in the new justice areas of outreach in conflict areas, in victims' participation and reparations, and in upholding due-process standards and defense 'equality of arms' and so implicitly set an agenda for the future evolution of the ICC."[214] The relatively uninterrupted progression of NGO involvement with the ICC may mean that NGOs have become repositories of more institutional historical knowledge about the ICC than have national representatives to it and have greater expertise than some of the organization's employees themselves. While NGOs look to mold the ICC to satisfy the interests and priorities that they have worked for since the early 1990s, they unavoidably press against the limits imposed upon the ICC by the states that are members of the organization. NGOs can pursue their own mandates, irrespective of whether they are compatible with those of other NGOs, while the ICC must respond to the complexities of its own mandate as well as those of the states and NGOs.
Another issue has been that NGOs possess "exaggerated senses of their ownership over the organization and, having been vital to and successful in promoting the Court, were not managing to redefine their roles to permit the Court its necessary independence."[214] Additionally, because there does exist such a gap between the large human rights organizations and the smaller peace-oriented organizations, it is difficult for ICC officials to manage and gratify all of their NGOs. "ICC officials recognize that the NGOs pursue their own agendas, and that they will seek to pressure the ICC in the direction of their own priorities rather than necessarily understanding or being fully sympathetic to the myriad constraints and pressures under which the Court operates."[214] Both the ICC and the NGO community avoid criticizing each other publicly or vehemently, although NGOs have released advisory and cautionary messages regarding the ICC. They avoid taking stances that could potentially give the Court's adversaries, particularly the US, more motive to berate the organization.
Criticisms
Accusations of Western imperialism from Africa
The ICC has been accused of bias and as being a tool of Western imperialism, only punishing leaders from small, weak states while ignoring crimes committed by richer and more powerful states.[216][217][218] This sentiment has been expressed particularly by African leaders due to an alleged disproportionate focus of the Court on Africa, while it claims to have a global mandate; until January 2016, all nine situations which the ICC had been investigating were in African countries.[219][220][221]
The prosecution of Kenyan Deputy President William Ruto and President Uhuru Kenyatta (both charged before coming into office) led to the Kenyan parliament passing a motion calling for Kenya's withdrawal from the ICC, and the country called on the other 33 African states party to the ICC to withdraw their support, an issue which was discussed at a special African Union (AU) summit in October 2013.
Though the ICC has denied the charge of disproportionately targeting African leaders, and claims to stand up for victims wherever they may be, Kenya was not alone in criticising the ICC. Sudanese President Omar al-Bashir visited Kenya, South Africa, China, Nigeria, Saudi Arabia, United Arab Emirates, Egypt, Ethiopia, Qatar and several other countries despite an outstanding ICC warrant for his arrest but was not arrested; he said that the charges against him are "exaggerated" and that the ICC was a part of a "Western plot" against him. Ivory Coast’s government opted not to transfer former first lady Simone Gbagbo to the court but to instead try her at home. Rwanda’s ambassador to the African Union, Joseph Nsengimana, argued that "It is not only the case of Kenya. We have seen international justice become more and more a political matter." Ugandan President Yoweri Museveni accused the ICC of "mishandling complex African issues." Ethiopian Prime Minister Hailemariam Desalegn, at the time AU chairman, told the UN General Assembly at the General debate of the sixty-eighth session of the United Nations General Assembly: "The manner in which the ICC has been operating has left a very bad impression in Africa. It is totally unacceptable."
AU withdrawal proposal
South African President Jacob Zuma said the perceptions of the ICC as "unreasonable" led to the calling of the special AU summit on 13 October 2015. Botswana is a notable supporter of the ICC in Africa.[222] At the summit, the AU did not endorse the proposal for a mass withdrawal from the ICC due to lack of support for the idea.[223] However, the summit did conclude that serving heads of state should not be put on trial and that the Kenyan cases should be deferred. Ethiopian Foreign Minister Tedros Adhanom said: "We have rejected the double standard that the ICC is applying in dispensing international justice."[224] Despite these calls, the ICC went ahead with requiring William Ruto to attend his trial.[225] The UNSC was then asked to consider deferring the trials of Kenyatta and Ruto for a year,[226] but this was rejected.[227] In November, the ICC's Assembly of State Parties responded to Kenya's calls for an exemption for sitting heads of state[228] by agreeing to consider amendments to the Rome Statute to address the concerns.[229]
On 7 October 2016, Burundi announced that it would leave the ICC, after the court began investigating political violence in that nation. In the subsequent two weeks, South Africa and Gambia also announced their intention to leave the court, with Kenya and Namibia reportedly also considering departure. All three nations cited the fact that all 39 people indicted by the court over its history have been African and that the court has made no effort to investigate war crimes tied to the 2003 invasion of Iraq.[230][231] However, following Gambia's presidential election later that year, which ended the long rule of Yahya Jammeh, Gambia rescinded its withdrawal notification.[17] The High Court of South Africa ruled in February 2017 that the South African government's notification was not legal, and it was required to revoke the notice effective 7 March 2017.[18]
Checks and balances
The United States Department of State argues that there are "insufficient checks and balances on the authority of the ICC prosecutor and judges" and "insufficient protection against politicized prosecutions or other abuses".[50]
Concerning the independent Office of Public Counsel for the Defence (OPCD), Thomas Lubanga's defence team say they were given a smaller budget than the Prosecutor and that evidence and witness statements were slow to arrive.[102]
Limitations
Limitations exist for the ICC. The Human Rights Watch (HRW) reported that the ICC's prosecutor team takes no account of the roles played by the government in the conflict of Uganda, Rwanda or Congo. This led to a flawed investigation, because the ICC did not reach the conclusion of its verdict after considering the governments’ position and actions in the conflict.[232]
Unintentional consequences
Research suggests that prosecutions of leaders in the ICC makes dictators less likely to peacefully step down.[233] It is also argued that justice is a means to peace: "As a result, the ICC has been used as a means of intervention in ongoing conflicts with the expectation that the indictments, arrests, and trials of elite perpetrators have deterrence and preventive effects for atrocity crimes. Despite these legitimate intentions and great expectations, there is little evidence of the efficacy of justice as a means to peace".[234]
State cooperation
That the ICC cannot mount successful cases without state cooperation is problematic for several reasons. It means that the ICC acts inconsistently in its selection of cases, is prevented from taking on hard cases and loses legitimacy.[235] It also gives the ICC less deterrent value, as potential perpetrators of war crimes know that they can avoid ICC judgment by taking over government and refusing to cooperate.[235]
See also
- States parties to the Rome Statute of the International Criminal Court
- Agreement on the Privileges and Immunities of the International Criminal Court
- Legal Tools (database on International Criminal Law)
Notes and references
- ^ "The International Criminal Court: An Introduction". Retrieved 25 November 2012.
The official languages of the ICC are Arabic, Chinese, English, French, Russian and Spanish and the working languages are currently English and French
- ^ International Criminal Court is sometimes abbreviated as ICCt to distinguish it from several other organisations abbreviated as ICC. However the more common abbreviation ICC is used in this article.
- ^ a b United Nations Department of Public Information, December 2002. The International Criminal Court Archived 5 December 2006 at the Wayback Machine. Retrieved 5 December 2006.
- ^ a b Dempsey, Gary T. (16 July 1998). "Reasonable Doubt: The Case Against the Proposed International Criminal Court". Cato Institute. Retrieved 31 December 2006.
- ^ "Benjamin B Ferencz, Biography". 9 January 2008. Archived from the original on 9 January 2008. Retrieved 1 March 2011.
- ^ International Criminal Court (20 June 2006). ""Election of Mr Arthur N.R. Robinson to the Board of Directors of the Victims Trust Fund"". Archived from the original on 27 September 2007. Retrieved 11 April 2017.
{{cite web}}
: Unknown parameter|deadurl=
ignored (|url-status=
suggested) (help). Retrieved 3 May 2007. - ^ "History of the ICC". Retrieved 4 June 2012.
- ^ Coalition for the International Criminal Court. "History of the ICC". Retrieved 31 December 2006.
- ^ "Draft Statute for an International Criminal Court, 1994". Retrieved 4 June 2012.
- ^ Scharf, Michael P. (August 1998). "Results of the Rome Conference for an International Criminal Court". American Society of International Law. Retrieved 4 December 2006.
- ^ a b Amnesty International (11 April 2002). "The International Criminal Court – A Historic Development in the Fight for Justice". Retrieved 20 March 2008.
- ^ Coalition for the International Criminal Court. "Judges and the Presidency". Archived from the original on 9 December 2012. Retrieved 9 December 2012.
- ^ International Criminal Court (14 October 2005). "Warrant of Arrest Unsealed Against Five LRA Commanders". Retrieved 30 September 2014.
- ^ International Criminal Court (9 November 2006). ""Prosecutor Presents Evidence That Could Lead to First ICC Trial"". Archived from the original on 9 July 2007. Retrieved 5 December 2006.
{{cite web}}
: Unknown parameter|deadurl=
ignored (|url-status=
suggested) (help). Retrieved 5 December 2006. - ^ "ICC finds Congo warlord Thomas Lubanga guilty". BBC News. 14 March 2012. Retrieved 29 September 2014.
- ^ a b Sieff, Kevin (26 October 2016). "Gambia is the latest African country deciding to pull out of International Criminal Court". Washington Post. Retrieved 26 October 2016.
- ^ a b Cite error: The named reference
GMrescind
was invoked but never defined (see the help page). - ^ a b Cite error: The named reference
SArescind
was invoked but never defined (see the help page). - ^ "South African court blocks government's International Criminal Court withdrawal bid". The Independent. 22 February 2017. Retrieved 7 March 2017.
- ^ a b International Criminal Court. "Assembly of States Parties". Archived from the original on 18 January 2008. Retrieved 3 January 2008.
{{cite web}}
: Unknown parameter|deadurl=
ignored (|url-status=
suggested) (help). Retrieved 2 January 2008. - ^ a b c International Criminal Court. Structure of the Court, ICC website. Retrieved 16 June 2012
- ^ a b c The sum of (a) states parties, (b) signatories and (c) non-signatory United Nations member states is 195. This number is two more than the number of United Nations member states (193) due to the State of Palestine and Cook Islands being states parties but not United Nations member states.
- ^ a b c d "United Nations Treaty Database entry regarding the Rome Statute of the International Criminal Court". United Nations Treaty Collection. Archived from the original on 18 January 2011. Retrieved 10 March 2010.
- ^ a b c d "United Nations Treaty Database entry regarding the Rome Statute of the International Criminal Court". United Nations Treaty Collection. Archived from the original on 23 July 2021. Retrieved 7 December 2021.
- ^ "Reference: C.N.805.2016.TREATIES-XVIII.10 (Depositary Notification)" (PDF). United Nations. 28 October 2016. Archived (PDF) from the original on 29 October 2016. Retrieved 28 October 2016.
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Assembly of States Parties (21 November 2008). "Resolution ICC-ASP/7/Res.1" (PDF). Part III – Resolutions adopted by the Assembly of States Parties. International Criminal Court. Retrieved 30 October 2011. - ^ "Report on the activities of the Court" (PDF). Assembly of States Parties, Seventh Session. The Hague: International Criminal Court. 29 October 2008. Retrieved 30 October 2011.
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- Calvo-Goller, Karin, The Trial Proceedings of the International Criminal Court – ICTY and ICTR Precedents, Martinus Nijhoff Publishers, 2006, (ISBN 90 04 14931 7).
- Calvo-Goller, Karin, La procédure et la jurisprudence de la Cour pénale internationale, (Preface by Pr Robert Badinter), Lextenso éditions – La Gazette du Palais, 2012 (ISBN 978-2-35971-029-8).
- Fichtelberg, Aaron. "Fair Trials and International Courts: A Critical Evaluation of the Nuremberg Legacy." Criminal Justice Ethics 28.1 (2009): 5-24.
Further reading
- Bruce Broomhall, International Justice and the International Criminal Court: Between Sovereignty and the Rule of Law. Oxford: Oxford University Press (2003). ISBN 0-19-927424-X.
- Anne-Marie de Brouwer, Supranational Criminal Prosecution of Sexual Violence: The ICC and the Practice of the ICTY and the ICTR. Antwerp – Oxford: Intersentia (2005). ISBN 90-5095-533-9.
- Calvo-Goller, Karin, The Trial Proceedings of the International Criminal Court – ICTY and ICTR Precedents, Martinus Nijhoff Publishers, 2006, (ISBN 90 04 14931 7).
- Calvo-Goller, Karin, La procédure et la jurisprudence de la Cour pénale internationale, (Preface by Pr Robert Badinter), Lextenso éditions – La Gazette du Palais, 2012, (ISBN 978-2-35971-029-8).
- Antonio Cassese, Paola Gaeta & John R.W.D. Jones (eds.), The Rome Statute of the International Criminal Court: A Commentary. Oxford: Oxford University Press (2002). ISBN 978-0-19-829862-5.
- Louise Chappell, 'The Role of the ICC in Transitional Gender Justice: Capacity and Limitations' in Susanne Buckley-Zistel/Ruth Stanley (eds.): Gender in Transitional Justice, Palgrave, 2012, pp. 37–58.
- Hans Köchler, Global Justice or Global Revenge? International Criminal Justice at the Crossroads. Vienna/New York: Springer, 2003, ISBN 3-211-00795-4.
- Kreicker, Helmut (July 2009). "Immunität und IStGH: Zur Bedeutung völkerrechtlicher Exemtionen für den Internationalen Strafgerichtshof" (PDF). Zeitschrift für internationale Strafrechtsdogmatik (ZIS).
- Helmut Kreicker: Völkerrechtliche Exemtionen: Grundlagen und Grenzen völkerrechtlicher Immunitäten und ihre Wirkungen im Strafrecht. 2 vol., Berlin 2007, ISBN 978-3-86113-868-6. See also "S107". Mpicc.de. 30 November 2010. Retrieved 1 March 2011.
- Steven C. Roach (ed.) Governance, Order, and the International Criminal Court: Between Realpolitik and a Cosmopolitan Court. Oxford: Oxford University Press (2009). ISBN 978-0-19-954673-2.
- Roy S Lee (ed.), The International Criminal Court: The Making of the Rome Statute. The Hague: Kluwer Law International (1999). ISBN 90-411-1212-X.
- Roy S Lee & Hakan Friman (eds.), The International Criminal Court: Elements of Crimes and Rules of Procedure and Evidence. Ardsley, NY: Transnational Publishers (2001). ISBN 1-57105-209-7.
- Madeline Morris (ed.), "The United States and the International Criminal Court", Law and Contemporary Problems, Winter 2001, vol. 64, no. 1. Retrieved 2007-07-24.
- Luke Moffett, Justice for Victims before the International Criminal Court, Routledge (2014). ISBN 978-0415722391.
- William A Schabas, An Introduction to the International Criminal Court (2nd ed.). Cambridge: Cambridge University Press (2004). ISBN 0-521-01149-3.
- Benjamin N. Schiff. Building the International Criminal Court. Cambridge: Cambridge University Press (2008) ISBN 9780521873123
- Nicolaos Strapatsas, "Universal Jurisdiction and the International Criminal Court", Manitoba Law Journal, 2002, vol. 29, p. 2.
- Lyal S. Sunga, "The Crimes within the Jurisdiction of the International Criminal Court (Part II, Articles 5–10)", European Journal of Crime, Criminal Law and Criminal Justice vol. 6, no. 4, pp. 377–399 (April 1998).
- Lyal S. Sunga, "The Emerging System of International Criminal Law: Developments in Codification and Implementation" (Brill) (1997).
- Averting Palestinian Unilateralism: The International Criminal Court and the Recognition of the Palestinian Authority as a Palestinian State, Ambassador Dore Gold with Diane Morrison, October 2010
- Fichtelberg, Aaron. "Fair Trials and International Courts: A Critical Evaluation of the Nuremberg Legacy." Criminal Justice Ethics 28.1 (2009): 5-24. ProQuest Criminal Justice. Web. 16 October 2013.
- David Bosco, Rough Justice: The International Criminal Court's Battle to Fix the World, One Prosecution at a Time, Oxford University Press, 2014.
External links
- International Center for Transitional Justice, Criminal Justice page
- Official website
- Al-Jazeera Inside Story on ICC
- The States Parties to the Rome Statute
- United Nations website on the Rome Statute
- International Criminal Court, International Committee of the Red Cross. -- broken link
- The Coalition for the International Criminal Court
- The International Criminal Court by Amnesty International USA
- Victims' Rights Working Group
- "Transnational Crime." Oxford Bibliographies Online: Criminology.
- Cosy club or sword of righteousness?, The Economist, Nov.26th, 2011. http://www.economist.com/node/21540230.
- "Nice idea, now make it work; The International Criminal Court is struggling to justify itself amid accusations of bias against Africa". economist.com. The Economist. 4 December 2014. Retrieved 22 September 2016.
- Immunity of state officials from foreign criminal jurisdiction – Bibliographies on the topics of the International Law Commission (no. 8 in the list) (UNOG Library)
- A collection of primary documents critical to an understanding of the Evolution of the Legal Jurisdiction of the International Criminal Court