International Criminal Court

The International Criminal Court 

The International Criminal Court (ICC or ICCt) is a multilateral institution and international tribunal based in The Hague, Netherlands. It is the world’s first and only permanent international court with authority to prosecute individuals for genocide, crimes that are against humanity, crimes related to wars, and aggression. It is not to be confused with the International Court of Justice, a UN body that hears international issues.

The International Criminal Court (ICC) commenced operations on July 1, 2002, when the Rome Statute, a multilateral treaty that acts as the Court’s charter and governing text, entered into force. States that sign the Rome Statute become members of the ICC and serve on the Assembly of States Parties, which oversees the operation of the Court. There are 123 ICC member nations as of March 2022, 42 governments have not signed or become parties to the Rome Statute.

The International Criminal Court (ICC) is a “court of last resort” that supplements national judicial systems that exist and may only prosecute offenders when national courts refuse or are unable to do so. It lacks universal territorial jurisdiction and can only investigate and prosecute crimes committed within member states, crimes committed by member state residents, and crimes committed in situations referred to the Court by the UN Security Council. 

The Presidency, Judicial Divisions, Office of the Prosecutor, and Registry are the four main organs of the ICC. In the Judicial Division, which consists of eighteen judges and hears cases before the Court, the President is the most senior judge chosen by their peers. The Prosecutor leads the Office of the Prosecutor, which investigates offences and brings criminal cases before the Judicial Division. The Registrar is in charge of the Registry, which is responsible for all of the ICC’s administrative duties, including the headquarters, detention unit, and public defence office. The International Criminal Court (ICC) takes into employment approximately 900 people from over 100 nations and the proceedings are conducted in both English and French.

The International Criminal Court (ICC) first heard war crimes charges against Thomas Lubanga Dyilo, a Congolese warlord suspected of recruiting child soldiers, in 2006. His subsequent conviction in 2012 was the first in the Court’s history. The Prosecutor’s Office has initiated twelve formal inquiries and is currently conducting nine preliminary investigations. The International Criminal Court has indicted 46 people, including Ugandan rebel leader Joseph Kony, former Sudanese President Omar al-Bashir, Kenyan President Uhuru Kenyatta, Libyan leader Muammar Gaddafi, Ivory Coast President Laurent Gbagbo, and former Congolese Vice President Jean-Pierre Bemba.

The ICC has been criticised by governments and civil society for a variety of reasons, including objections to its jurisdiction, charges of bias, Euro-centrism, and racism, questions about the fairness of its case-selection and trial procedures, and doubts about its effectiveness.

The process of establishing the Court’s jurisdiction can be “initiated” by one of three parties: 

(1) A State party, 

(2) The Security Council, 

(3) A Prosecutor. 

It is therefore up to the Prosecutor, acting ex proprio motu (“on his own initiative”),to launch an inquiry in accordance with Article 15 of the Rome Statute. The procedure differs slightly when referred by a State Party or the Security Council, in which case the Prosecutor does not need Pre-Trial Chamber authorisation to begin the inquiry. When there is a legitimate basis to continue, the Prosecutor is required to launch an inquiry.

In order for the Court to prosecute an individual, either territorial or personal jurisdiction must exist. As a result, an individual can only be prosecuted if they have either 

(1) Committed a crime within the Court’s territorial jurisdiction

(2) Committed a crime while being a national of a state within the Court’s territorial jurisdiction

The Hague-based International Criminal Court (ICC) is now looking into allegations of war crimes perpetrated by US soldiers in Afghanistan. The United States is one of a dozen countries that have not ratified the ICC, and the ICC has been criticised by the United States from its formation. Threatening ICC judges, including Chief Prosecutor Ms. Bensouda, with penalties from the United States.

Conclusion:

Individuals suspected of the most serious crimes of concern to the international community are investigated and, if required, prosecuted by the International Criminal Court (ICC). It is the Court’s aim that through participating in a global movement to end impunity, individuals responsible for crimes will be held accountable and that similar crimes will be avoided in the future.