International Criminal Court (ICC)

International Criminal Court (ICC)

 

Introduction

  • The International Criminal Court (ICC) is the world's first permanent international criminal court, governed by an international treaty known as the Rome Statute.
  • The Court's headquarters are in The Hague, Netherlands.
  • The International Criminal Court (ICC) investigates and, if necessary, prosecutes individuals accused of the most serious crimes of concern to the international community such as genocide, war crimes, crimes against humanity, and aggression.
  • The Rome Statute states that the Court may convene elsewhere whenever the judges deem it necessary.
  • The Court is taking part in a global fight to end impunity, and through international criminal justice, it hopes to hold those responsible accountable for their crimes and help prevent similar crimes from occurring in the future.
  • The Court cannot achieve these objectives on its own. It seeks to supplement, rather than replace, national courts as a court of last resort.
  • India decided not to ratify the Rome Statute due to national interests, state sovereignty, the difficulties in obtaining impartial prosecutors, the difficulty in acquiring evidence, and the difficulty in defining crime.

 

International Criminal Court - Historical Background

  • During the twentieth century's conflicts, some of the most heinous crimes were committed. Unfortunately, many of these international law violations have gone unpunished.
  • When the Convention on the Prevention and Punishment of the Crime of Genocide was adopted in 1948, the United Nations General Assembly recognized the need for a permanent international court to deal with the types of atrocities that had recently occurred.
  • Following the Cold War's end, the concept of an international criminal justice system resurfaced.
  • However, while the United Nations was debating the ICC Statute, the world witnessed the commission of heinous crimes on the territory of the former Yugoslavia and Rwanda.
  • In response to these atrocities, the United Nations Security Council established ad hoc tribunals in each of these cases.
  • These events had an undeniable influence on the decision to hold the conference that established the ICC in Rome in the summer of 1998.
  • A conference of 160 states established the first treaty-based permanent international criminal court on July 17, 1998.
  • The treaty adopted at that conference is known as the Rome Statute of International Criminal Court.
  • It establishes, among other things, the crimes under the ICC's jurisdiction, the rules of procedure, and the mechanisms for States to cooperate with the ICC.

 

Structure

The ICC's structure is organized to ensure its proper functioning and the application of interna- tional justice.

 

The Assembly of States Parties (ASP):The ASP is composed of the member States that have ratified the Rome Statute. It serves as the ICC's oversight and legislative body, adopting budgetary and policy decisions.

 The Presidency:The Presidency consists of three judges elected by their peers, representing the ICC. The President plays a significant role in the court's administration.

 

The Office of the Prosecutor:The Prosecutor is responsible for initiating investigations and prosecuting individuals for crimes within the ICC's jurisdiction.

The Office of the Registrar:The Registrar is responsible for non-judicial aspects of the court's administration, includ- ing the protection of victims and witnesses, court management, and support for judges and legal staff.

 

The Chambers:The ICC has three divisions of judges who hear cases: Pre-Trial Chambers, Trial Chambers, and the Appeals Chamber. They are responsible for determining the guilt or inno- cence of the accused and issuing sentences.

 

Mandate and Jurisdiction

The ICC has a clear and comprehensive mandate to investigate and prosecute the most serious international crimes.

  • Crimes Against Humanity: The ICC addresses widespread and systematic attacks on civilian populations, including acts such as murder, enslavement, sexual violence, and other inhu- mane acts.
  • Genocide: The ICC has jurisdiction over acts committed with the intent to destroy, in whole or in part, a national, ethnic, racial, or religious group.
  • War Crimes: The ICC prosecutes violations of the laws and customs of war, such as targeting civilians, employing prohibited weapons, and mistreating prisoners of war.
  •  Aggression: The ICC's jurisdiction over the crime of aggression was activated in 2018, allowing the prosecution of individuals respon- sible for planning, initiating, or executing acts of aggression against another State.

 

 

Criticism

  • The ICC is generally criticized for biasness, it is criticized for punishing commanders of small and powerless states while avoiding crimes committed by richer and stronger states.
  • Till 2016 all the 9 cases which the ICC was working on were of African countries. The U.S. department of state proclaims that there are inadequate checks and balances on the authority of ICC’s judges and prosecutors. The International Criminal Court was set up for removing the load of requesting & supervising the investigation & prosecution of International Criminal Law infringement from the UN Security Council.
  • The ICC is usually blamed for being ineffective, incapable & expensive, given judgment only of 4 convictions which are (Katanga, Thomas Lubanga, Jaen Pierre Bemba & Al Mahdi) in fifteen years of period. The International Criminal Court also faces difficulties which are sometimes unnoticed. Before a case is prepared against an individual the Office of Prosecutor should investigate the condition in the country to examine if the court can act to determine the accused & to make a case contrary to them.
  • Genocide cases, war crimes & crimes against humanity are very complicated & involve dealing with big volumes of proofs from an overseas authority. As it is noticeable from an ad hoc panel which opposed the International Criminal Court are attentive on very 1st spot only. The International panel for the past Yugoslavia & the International Criminal panel for Rwanda, these types of matters take time & resources.
  • The International Criminal Court represents a significant development in international law and justice. Its mandate to hold individuals accountable for the gravest international crimes contributes to ending impunity, promoting accountability, and preventing future atrocities. While facing challenges and criti- cism, the ICC remains an essential institution in the global effort to achieve justice and accountability for the most heinous crimes under international law.

 

Other Facts related to Legal Process

  • The ICC does not prosecute those under the age of 18 when a crime was committed.
  • Before the Prosecutor can investigate, he/she must conduct a preliminary examination considering such matters as sufficient evidence, jurisdiction, gravity, complementarity, and the interests of justice.
  • When investigating, the Prosecutor must collect and disclose both incriminating and exonerating evidence.
  • The defendant is considered innocent until proven guilty. The burden of proof lies with the Prosecutor.
  • During all stages of proceedings (Pre-Trial, Trial and Appeals), the defendant has the right to information in a language he or she fully understands, thus the ICC proceedings are conducted in multiple languages, with teams of interpreters and translators at work.
  • Pre-Trial judges issue warrants of arrest and ensure there is enough evidence before a case can go to trial.
  • During the Pre-Trial phase, the defendant is referred to as a suspect. Once the case is committed to trial, since at that point the charges have been confirmed, the defendant is referred to as the accused.
  • Trial judges hear the evidence from the Prosecutor, Defence, and the Victims’ lawyers, render a verdict, and if a person is found guilty, the sentence and decision on reparations.
  • Appeals judges render decisions on appeals from the Prosecutor or Defence.
  • If a case is closed without a verdict of guilt, it can be reopened if the Prosecutor presents new evidence.

 

India and ICC

India has not ratified the Rome Statute and, as a result, is not a member of the International Criminal Court (ICC). The reasons for India's abstention from the ICC are as follows:

  • Challenges in securing impartial prosecu- tors due to the potential influence of powerful States.
  • Concerns about weakened State sovereignty, as there may be demands to prosecute indi- viduals in the country where the crime occurred.
  • Difficulties in collecting evidence, given the complex jurisdictional issues and involve- ment of multiple stakeholders and States.
  •  Disagreement over the ICC's definition of crimes, particularly in cases involving cross- border terrorism and the use of nuclear weapons.
  • National interest considerations, as India believes the ICC is selective in its cases, contradicting the principle of universal justice.
  • Criticism of the substantial power vested in the ICC prosecutor, who can initiate inves- tigations based on State referrals or infor- mation from individuals and organizations within the Court's jurisdiction.

 

Way Forward

  • The ICC should prioritize fairness and impartiality over political posturing to enhance its legitimacy. Member States should create a secure environment for crime victims willing to testify and shield them from further threats and violence.
  • ICC role is very important as international justice can contribute to long‐term peace, stability and equitable development in post‐conflict societies.

 

 

Consider the following statements regarding international criminal court.

i) The International Criminal Court is an intergovernmental organization and international tribunal that sits in Hague, Netherlands

ii) The Rome Statute of the International Criminal Court is the treaty that established four core international crimes: genocide, crimes against humanity, war crimes, and the crime of aggression.

iii) India has signed the Rome Statute on the International Criminal Court (ICC) but not yet ratified it.

 

Which of the above statements are correct?

a) 1 only

b) 1 and 2 only

c) 2 and 3 only

d) 1, 2 and 3

 

Answer D

  • India is amongst those countries which have neither signed nor accepted the Rome Statute of the International Criminal Court. What are the reasons for the rejection of the Indian Government to the Rome Statute? Discuss.