Individual Criminal Liability in International LawThe Rome Statute and the International Criminal Court
Agenda Overview – What are the history and mission of the ICC? Jurisdiction – What crimes are under the jurisdiction of the ICC? Exercise of Jurisdiction – How are cases brought to the ICC, not domestic courts? Issues – Does the ICC infringe on state sovereignty?
International Criminal Tribunals and the ICC Ad hoc courts of limited jurisdiction − Nuremberg and Tokyo tribunals − International Criminal Tribunal on Rwanda − International Criminal Tribunal on the Former Yugoslavia − Sierra Leone, Timor-Leste, Cambodia... ICC − Expansion in time: A permanent court − Expansion in space: Not limited to regions
Overview of the ICC Entered into force July 1, 2002 121 parties Court of last resort
Other Limits on Jurisdiction Temporal jurisdiction – Crimes committed after entry into force (11 (1)) Admissibility (Art. 17) – Investigation or prosecution by a state • Unless unable or unwilling • Last resort
ICC Case Checklist Is the crime under ICC jurisdiction? Art. 5 Art. 11 Is there temporal jurisdiction? Art. 13 Was the case properly referred? Art. 17Is the domestic court unable or unwilling to prosecute? ICC trial
Exercise of Jurisdiction and State Sovereignty Of the 3 forms of case referral, which is least problematic when it comes to sovereignty? Is it justifiable for the Security Council to refer cases to the ICC, even situations in non-ICC states? Is it justifiable for the ICC prosecutor to initiate cases? Why or why not?
Criticism of the ICC Lack of oversight, checks & balances Selectivity Sovereignty concerns Makes peace process more difficult
Thinking about the ICC What checks are there on the ICC’s power? Is the ICC biased against Africa? Does the ICC infringe on sovereignty? Is the ICC doing its job deterring int’l crimes?