Role of ICC in Promoting International Humanitarian Law
The International Criminal Court (“the ICC” or “the Court”) is a permanentinternational court established to investigate, prosecute and try individuals accusedof committing the most serious crimes of concern to the international community asa whole, namely the crime of genocide, crimes against humanity, war crimes andthe crime of aggression. Phillipe Kirsch, Ex-President (2003-09) Established: 2002 Type: International Judicial Organization Members: 120 Official Seat: Hague, Netherland President: Sang-Hyun Song Sang-Hyun Song, Current President
HISTORICAL BACKGROUND OF THE COURT PARIS PEACE CONFERENEC (1919) GENEVA CONFERENCE (1937) NUREMBURG AND TOKYO TRIBUNAL (1948) WORK OF INTERNATIONAL LAW COMMISSION IN THE EARLY 1950S WORK OF BENJAMIN B, FRENCZ (1975) WORK OF A. N. R. ROBINSON (1980) ICTY AND ICTR (1984) ROME CONFERENCE (1998) INAGURAL SESSION (2003) AND FIRST ARREST WARRANT (2003) FIRST TRIAL HEARING (2006) AND REVIEW CONFERNCE (2010)
120 countries are States Parties to theRome Statute of the InternationalCriminal Court. Out of them 33 areAfrican States, 18 are Asia-PacificStates, 18 are from EasternEurope, 26 are from Latin Americanand Caribbean States, and 25 arefrom Western European and otherStates.
Article 5 of theRome Statutegrants the Courtjurisdiction overfour groups ofcrimes, which itrefers to as the"most seriouscrimes of concern The Court to exercise jurisdiction only under the followingto theinternational limited circumstances:community as a where the person accused of committing a crime is awhole": the crime national of a state party (or where the persons state hasof genocide, accepted the jurisdiction of the Court);crimes against where the alleged crime was committed on the territoryhumanity, war of a state party (or where the state on whose territory thecrimes, and the crime was committed has accepted the jurisdiction of thecrime of Court); oraggression. where a situation is referred to the Court by the UN Security Council.
The ICC is intended as a court of last resort, investigating and prosecuting only whereThe Courts national courts have failed. Article 17 of the Statute provides that a case isjurisdiction does not inadmissible if:apply retroactively: it "(a) The case is being investigated or prosecuted by a State which has jurisdictioncan only prosecute over it, unless the State is unwilling or unable genuinely to carry out thecrimes committed on investigation or prosecution;or after 1 July 2002 (b) The case has been investigated by a State which has jurisdiction over it and the(the date on which State has decided not to prosecute the person concerned, unless the decisionthe Rome Statute resulted from the unwillingness or inability of the State genuinely to prosecute;entered into force). (c) The person concerned has already been tried for conduct which is the subject ofWhere a state the complaint, and a trial by the Court is not permitted under article 20, paragraphbecomes party to the 3;Rome Statute after (d) The case is not of sufficient gravity to justify further action by the Court."[that date, the Courtcan exercise Article 20, paragraph 3, specifies that, if a person has already been tried by anotherjurisdiction court, the ICC cannot try them again for the same conduct unless the proceedings inautomatically with the other court:respect to crimes "(a) Were for the purpose of shielding the person concerned from criminalcommitted after the responsibility for crimes within the jurisdiction of the Court; or (b) Otherwise wereStatute enters into not conducted independently or impartially in accordance with the norms of dueforce for that state. process recognized by international law and were conducted in a manner which, in the circumstances, was inconsistent with an intent to bring the person concerned to justice."
What Crimes are included? What can the What Sentences can Court do? be handed down? GenocideInvestigation & It can try thoseProsecution of who have been Crime Against Humanity Imprisonment for up Life imprisonment inrelevant crime charged to 30 years extreme cases War Crimes Forfeiture ofHear Appeals Pass Sentence Crime of Aggression Fine proceeds, property, a nd assets
The Rome Statute art. 6 lists thefollowing acts as genocide:(a) Killing members of the group;(b) Causing serious bodily ormental harm to members of thegroup;(c) Deliberately inflicting on thegroup conditions of life calculatedto bring about its physicaldestruction in whole or in part;(d) Imposing measures intended toprevent births within the group;(e) Forcibly transferring children ofthe group to another group. GENOCIDE
The Rome Conference Delegatesincluded “aggression” among thecrimes over which the ICC wouldhave jurisdiction, but were unableto reach an agreement to adopt adefinition. Instead, the Confereesagreed to work towardestablishing a definition after theRome Statute enters into force.The ICC will be able to exercisejurisdiction over the crime ofaggression only after such aprovision has been adopted andentered into force for the relevantstate party.
War crimes are violations of theinternational law of warcommitted during an armedconflict or military occupation,whenever a belligerent “crossesthe line” with respect toacceptable combat practices.The Rome statute defines warcrimes in art. 8, reiterating warcrimes as they are defined indetail in the Geneva and HagueConventions, with emphasis onthose crimes committed as partof a plan or policy or as part of alarge-scale commission of suchcrimes.
The Rome Statute art. 7 lists:(a) Murder;(b) Extermination;(c) Enslavement;(d) Deportation or forcible transfer ofpopulation;(e) Imprisonment or other severe deprivation ofphysical liberty in violation of fundamentalrules of international law;(f) Torture;(g) Rape, sexual slavery, enforced prostitution,forced pregnancy, enforced sterilization, orany other form of sexual violence of comparablegravity;(h) Persecution against any identifiable group orcollectivity on political, racial, national,ethnic, cultural, religious, gender as defined inparagraph 3, or other grounds that areuniversally recognized as impermissible underinternational law, in connection with any actreferred to in this paragraph or any crime withinthe jurisdiction of the Court;(i) Enforced disappearance of persons;(j) The crime of apartheid;(k) Other inhumane acts of a similar characterintentionally causing great suffering, or seriousinjury to body or to mental or physical health.
1) Bahr Abu Garda2) Mohammed Ali3) Abdallah Banda 1) Thomas Lubanga Dylio4) Omar al-Bashir 2) Raska Lukwiya5) Jean-Pierre Bemba 3) Callixte Mbarushimana6) Muammar Gaddafi 4) Francis Matuara7) Saif al-Islam Gaddafi 5) Mathieu Ngudjolo Chui8) Laurent Gbagbo 6) Bosco Ntangda9) Ahmed Haroun 7) Okot Odiambo10) Abdel Rahim Hussein 8) Dominic Ongwen11) Saleh Jerbo 9) Vincent Otti12) Germain Katanga 10) William Rutto13) Uhuru Kenyatta 11) Joshua Sang14) Joseph Kony 12) Abdullah Senussi15) Henry Kosgey16) Ali Kushayb
Bosco Ntaganda Vincent Otti Ahmad Harun Ali Kushayb") Bahar Idriss Abu Garda Uhuru Muigai Abdallah Banda Joshua Arap Sang Henry Kiprono Kosgey Kenyatta Mohammed Hussein Ali Abakaer NourainSaif Al-Islam Gaddafi Abdullah Al-Senussi Muammar Gaddafi Laurent Gbagbo Francis Kirimi Muthaura
Summary of investigations and prosecutions by the International Criminal Court Ongoing procedures Procedures finished, due to ... PTC TCsSituation Publicly indicted Not before court Pre-Trial Trial Appeal Death Acquittal Conviction [note 2] [note 3] [note 4] [note 5] [note 6] [note 7] [note 8] [note 9] [note 10]Democratic Republic 5 1 0 3 0 0 1 0 I I, IIof the CongoUganda 5 4 0 0 0 1 0 0 IICentral African 1 0 0 1 0 0 0 0 II IIIRepublicDarfur, Sudan 7 4 2 0 0 0 1 0 I IVKenya 6 0 4 0 0 0 2 0 IILibya 3 2 0 0 0 1 0 0 ICôte dIvoire 1 0 1 0 0 0 0 0 IIITotal 28 11 7 4 0 2 4 0
‘The establishment of the International Criminal Court is aThe development of Conscious that all peoples are gift of hope to future generations,international humanitarian law united by common bonds, their and a giant step forwards in thehas been accompanied by the cultures pieced together in a march towards universal humanformulation of principles and the shared heritage, and concerned rights and the rule of law. It is anadoption of multilateral treaties that this delicate mosaic may be achievement which, only a fewintended to be universal and shattered at any time, years ago, nobody would haveapplicable to war crimes. The thought possible’rules set down in the statutes of Mindful that during this century - Kofi Annan.international criminal courts and millions of children, women andthe work the courts have done men have been victims ofand are doing within the scope unimaginable atrocities thatof their respective mandates deeply shock the conscience of The proposed ICC is a majorreflect that development and at humanity, step forward for internationalthe same time highlight the humanitarian law, and brings thedirect relationship between the Recognizing that such grave crimes world closer to ending impunityobject and purpose of threaten the peace, security and for those accused of committinginternational humanitarian law well-being of the world ............. .” atrocities.and the establishment of thetribunals. -Preamble of the Rome Statute -Dr. Helen Durham
POLITICALLY MOTIVATED PROSECUTOR SOLDIERS CONFUSED BY THE LAW OF WAR A BARRIER TO PEACE AND RECONCILIATIONTHE ICC PERPORTSTO EXERCISE JURISDICTION OVER NON-PARTY NATIONALS COST AND DELAY THE FOCUS ON AFRICA Others
1) What is International Criminal Court? How is it different from ICJ and national courts?2) Do you know its historical background? What factors played vital role behind the establishment of ICC?3) Do you think that ICC is capable to deal with crimes that are prime concerns of IHL?4) What is your opinion about the role of ICC in protecting and promoting IHL?5) What factors or causes have paralyzed the ICC in performing its roles and responsibilities?6) Have you any recommendation on how the ICC can be strengthened?