International Criminal Court

The International Criminal Court (ICC) is a multi-member organisation formed in July 2002 and was first proposed in July of 1998. The ICC looks into international crime cases; its headquarter is located in The Hague, Netherlands. Currently, there are 123 member counties with the International Criminal Court, and at least 42 countries have neither signed nor joined the organisation. The court has jurisdiction over all its member countries; the ICC’s structure includes the office of Presidency, Judges, Prosecutor, and Registrars.

International Criminal Court (ICC)

The International Criminal Court, or simply ICC, is the first intergovernmental organisation. The ICC works as a court for criminal cases and has jurisdiction over the signatory countries to persecute individuals for extraterritorial crimes such as genocide, war crimes, humanitarian crimes, and territorial aggression. The functions of ICC are formed so that they are in line with the existing judicial systems of the member nations. The ICC can only exercise its jurisdiction over an individual only when the concerned country cannot persecute the concerned individual.

The jurisdiction of ICC is limited, which means that the organisation doesn’t have universal jurisdiction; it can only keep its operations in the member states. The ICC came into force on 1 July 2002; however, the proposal of formation of the organisation was adopted on 17 July 1998 at Rome Statute. Currently, there are 123 member states in the International Criminal Court. However, at least 42 nation-states have neither signed nor joined the Rome Statute; India is not a member of the ICC.

Rome Statute

The Rome Statute of the International Criminal Court is a multilateral treaty; the Rome Statute was signed by a diplomatic conference in Rome in July 1998. The treaty provided for the formation of the International Criminal Court, the ICC came into force in July 2002. The treaty classified four types of international crimes such as:

1. Genocide
2. Crime against humanity
3. War crimes 
4. Crime of aggression

The treaty’s purpose was to establish a multi-nation platform to persecute criminals for the mentioned crimes; the treaty was finalised in Rome on 17 July 1998.

Assembly of State Parties

The Assembly of State Parties heads the functioning of the International Criminal Court; the assembly is made up of the members and signatories of the Rome Statute. The assembly of state parties decides on key functions of the ICC such as electing the court members, making amendments to the Rome Statute, matters related to the budget.

Organs of ICC

The International Criminal Court is made up of four important organs:

1. Presidency
2. Judicial Division
3. Office of Prosecutor
4. Registry

The Presidency

The Presidency department of the International Criminal Court takes care of all the issues relating to the administration and working of the court and its members. The Presidency division of the ICC includes the office of The President and the first and second vice-presidents. The President and two vice-presidents are elected from among the member judges of the international criminal court.

The Judicial Division

The Judicial Division of the International Criminal Court is made up of 18 judges; the judicial proceedings are performed through three chambers of the ICC these chambers include:

1. Pre-Trial Chamber
2. Trial Chamber
3. Appeals Chamber

The judges to all the chambers are elected from the Assembly of State Parties, and they serve a term of nine years.

The Office of Prosecutor

The office of the Prosecutor is headed by the Prosecutor of the International Criminal Court. Its prime responsibility is to look after the proceedings of a case and investigate the matter’s evidence in the case. The Deputy Prosecutor assists the office of the Prosecutor. The office of persecutor can open a case for investigation in the following cases:

1. When a member state ask him to do so
2. When the United Nations Security Council refers to him a situation to investigate.
3. When the pre-trial chamber of the ICC recommends him to do so.

The Registry

The registry branch of the ICC looks after all the non-judicial responsibilities of the International Court, which varies from managing the court and providing legal aid, etc. The Registrar heads the Registry branch of the ICC. Registrar serves a term of five years and is elected by the judges of the ICC.

Jurisdiction of ICC

The Rome Statute gives the ICC jurisdiction on four international crimes that are genocide,  crimes against humanity, war crimes, and aggression. The ICC can use its jurisdiction in the following situations:

1. The ICC can use its jurisdiction on genocides that occurred after 1 July 2002.
2. The ICC can use its jurisdiction to look into a war crime if the crime is committed by one of its member countries or in such a country’s territory.
3. The ICC has jurisdiction over cases referred to by the United Nations Security Council.

Limitations of ICC

The International Criminal Court has the following limitations:

1. The ICC heavily relies on the international corporation for the arrest and detention of criminals. It doesn’t have its police force.
2. The working of the ICC has been inconsistent and selective in taking up cases because of heavy reliance on multinational cooperation.
3. There are insufficient checks and balances on the authority of the ICC.
4. It lacks universal jurisdiction and is limited to only member states.

Conclusion

Formed in 2002 by the treaty of Rome Statute, the International Criminal Court is an organisation to look after the cases of international crimes. The court has jurisdiction over 123 member states; the ICC has classified international crimes into four kinds. The composition of the ICC includes four organs: these organs look after the working and management of the ICC. The jurisdiction of the ICC is limited as it can only look into the cases of its member states or in the cases assigned by the UNSC.