-public international law studies

1. EXPLAIN THE SIGNIFICANT DEVELOPMENT OF THE
ROLE OF THE INTERNATIONAL CRIMINAL COURT POST
WORLD WAR 2

2. OVERVIEW OF THE ICC
 Entered into force July 1st, 2002
 122 parties

3. HISTORY
 The Nuremberg and Tokyo tribunals were established in the wake of the
Second World War. In 1948, when the Convention on the Prevention and
Punishment of the Crime of Genocide was adopted, the United Nations General
Assembly recognized the need for a permanent international court to deal with
the kinds of atrocities which had just been perpetrated.
 However, while negotiations on the ICC Statute were underway at the United
Nations, the world was witnessing the commission of heinous crimes in the
territory of the former Yugoslavia and in Rwanda. In response to these
atrocities, the United Nations Security Council established an ad hoc tribunal
for each of these situations.
 These events undoubtedly had a most significant impact on the decision
to convene the conference which established the ICC in Rome in the summer
of 1998.

4. Crimes

5. Crimes
Serious
Crimes

6. Crimes
Serious
Crimes
International
Crimes

7. Crimes
Serious
Crimes
Inter-
national
CrimesGenocide

8. Crimes
Serious
Crimes
Inter-
national
CrimesCrimes
Against
Humanity

9. Crimes
Serious
Crimes
Inter-
national
Crimes
War Crimes

10. Crimes
Serious
Crimes
Inter-
national
Crimes
Crimes of Aggression

11. Crimes
Serious
Crimes
Inter-
national
CrimesThe
Crime of
Genocide
Crimes
Against
Humanity
War Crimes
Crimes of
Aggression

12. Exercise of Jurisdiction

13. ICC CASE CHECKLIST
ICC trial
Is the domestic court unable or unwilling to prosecute?
Was the case properly referred?
Is there temporal jurisdiction?
Is the crime under ICC jurisdiction? Art. 5
Art. 11
Art. 13
Art. 17

14. THE NEED
FOR ICC

15. 1. Attain Fairness For All.
 Kofi Annan, UN Secretary : to charge and
punish accused person for crimes such as
genocide.
 Assumption that the incident of the World War
II will not be repeated, however, it happened in
Cambodia and Bosnia.
 Man’s capacity for evilness has no limits,
therefore, ICC is needed to be establish

16. 2. End Impunity
 when government incapable to act
 Nuremberg Tribunal : ‘crimes against international
law are committed by men and it can imposed by
punishing individuals who commit such crime.
 Draft Code of Crimes against the Peace and Security
of Mankind : applied equally and without exclusion
to any individual throughout the governmental
organization

17. 3. Restrictions Of The Ad Hoc Tribunals
 limited to specific locations or place.
 respond mainly to the incidents in the
previous
 Costly and delays
 capability to punish offenders of
international crimes and to deter future
offenders has been restricted

18. 4. Deter Future War Criminals
 aware of the international tribunal
before they infringe the laws of war or
humanitarian law
 in past, most offenders of war crimes
and crimes against humanity escaped
from criminal liability

19. THE FEATURES OF
THE
INTERNATIONAL
CRIMINAL COURT

20. INTRODUCTION
 Procedure of the ICC is
administered by its Statute, and
the Rules of Procedure and
Evidence (RPE)
 There are 18 judges in the ICC
 Rome Statute : All the individuals
are presumed innocent until
proven guilty which is beyond
reasonable doubt

21. ICC
Presidenc
y
Judicial
Division
Office of the
Prosecutor
Registry

22. PRESIDENCY
 6/18 judges, respectively serve 3
year period.
 The President - Utmost senior
judge who sits in the Appeals
Division, together with four
additional judges

23. JUDICIAL DIVISION
 18 judges in ICC
The Appeals Division, Trial
Division, Pre Trial Division

24. OFFICE OF THE
PROSECUTOR
 Duty : Accountable in carrying out investigations and
trials
 Obtains referrals for cases and material on offences
 The Office contains of the Deputy Prosecutor, the
Investigations Division, and the Jurisdiction,
Complementarity and Cooperation Division.
 As of June 2012, Prosecutor is Fatou Bensouda of

25. REGISTRY
 Led by the Registrar
 Chosen by the judges to a 5 years period
 Accountable for the non-judicial sides of the management
and servicing of the Court of entire divisions of the ICC;
management of legal aid issues, court management, sufferers
and witnesses issues, defence counsel, custody unit etc
 Current Registrar is Herman von Hebel, who was chosen on
8th March 2013.

26. ICC’S FINANCIAL
DIVISION
Aids from the states’ parties
Sum allocated by each state party is
confirmed using the identical
technique as the United Nations: each
state's support is complying on the
country's capability to pay, which
redirects elements such as a national
profits and population

27. WAYS TO EXAMINE A SITUATION IN ICC
a State Party of the Rome Statute refers a circumstance to
the Prosecutor
UN Security Council to demand an examination of a
circumstance in any State that is a member of the UN
on the Office of the Prosecutor's personal initiative.

28.  Encouraging Support from the U.N. Security Council,
covering universal jurisdiction to Human Rights Courts
 There were numerous cases :
 20th December 2014, the Presidency of the (ICC)
 August 2014, ICC prosecutor condemned accelerating violence in
Libya
 25th July 2014, ICC Prosecutor Fatou Bensouda issued a
statement concerning news on accelerating military’s attacks in
Libya.
 The tension between peace and justice will continue to bedevil the
ICC but that presently we have a very poor understanding of how it
plays out.

29. In the face of all these difficulties, there is
renewed attention to the Court’s role in
encouraging domestic prosecutions.-
Neither Sudan, nor Uganda, nor Kenya, nor
Libya, for example, has seriously pursued
domestic accountability efforts even as they
have sought to discredit, ignore, or slide out
from scrutiny by the ICC
the process of
ratifying the Rome
Statute has led
dozens of countries to
rewrite their criminal
laws
the Court’s critics should reflect
- If one believes in international
criminal justice, surely the task
must be through patient effort
to make this Court succeed.
*refrain from insisting that
the ICC take on more
unwinnable cases. ( ICC
Prosecutor has brought only
21 cases (involving some 30
defendants); only one of
these cases has definitively
concluded)
*the most powerful leaders
could be punished for
crimes of state

30. THE FUTURE OF ICC

31. 1 . S t a t e s c a n n o t b e r e l i e d u p o n t o b e t h e s o l e
d i s p e n s e r s o f r i g h t s a n d p r o t e c t o r s o f
i n d i v i d u a l s .
1 . T h e i n t e r n a t i o n a l c r i m i n a l c o u r t i s t h u s t h e
i d e a l v e h i c l e t o a c h i e v e t h e j u s t i c e r e q u i r e d
t o a f f i r m t h e p r i d e o f a l l i n d i v i d u a l s ,
r e g a r d l e s s o f w h e r e t h e y m a y l i v e i n t h e
w o r l d .
2 . I t h a s t h e p o t e n t i a l t o e n f o r c e t h e n o r m s a n d
t h u s c o n t r i b u t e t o t h e s t a b i l i t y o f t h e w o r l d
b y f i l l i n g t h e v a c u u m c r e a t e d b y w e a k , f a i l i n g
a n d f a i l e d s t a t e s .

32. 4. The International Criminal Court has never tried
or
convicted a State official and the majority of its
cases concern those who are in charge or part of
rebel groupings.
5. The investigation by the International Criminal
Court in a number of situations concerning non-state
actors indicates that this trend will continue for a
sustained period of time: it represents the new
paradigm, rather than an exceptional circumstance.

33. 6. The provision in the Rome Statute for such prosecutions
is key, but not as central as the initial judgments of the
Court, which offer a novel opportunity to use the
jurisprudence of the Court to inform and guide future
decisions.
7. This can be attributed to the change in focus of the
Court, and of the discipline of international criminal law
as a whole.
8. This focus on non-state actors demonstrates the
potential for a future of enhanced protection against
those who choose to act aggressively against civilian
populations regardless of whether or not they are linked
to a State.

34. 9. It also demonstrates the Court’s increasing
harmony with the provisions of international
humanitarian law and international human rights
law.
10.The work of the previous international criminal
tribunals, prosecuting serious violations of the laws
of war, has come to fruition through the
prosecutorial policy of the International Criminal
Court.
11.International criminal law as a discipline has
continued to expand and its expansion inspires a
greater focus on individual rights. The most
interesting part of this expansion is the realisation
that protection trumps the discipline.

35. CRITICISM OF THE ICC
 Lack of oversight, checks & balances
 Selectivity
 Sovereignty concerns
 Makes peace process more difficult

36. CONCLUSION
 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?