ICC and Human Rights

Question 1

describe the history of states cooperating to ban heinous crimes

Answer 1

Hague conventions 1899-1907 laws of war, war crimes, Geneva conventions 1864-1949 Humanitarian treatment in war, precursors were Nuremberg and Leipzig

Question 2

ICC background

Answer 2

Created in 2002 as a result of the 1998 Rome statutes, first permanent International court to prosecute individuals for human rights abuses

Question 3

ICC powers

Answer 3

Has the power to investigate and prosecute individuals for human rights abuses, member states must facilitate investigation, prosecution, and incarceration

Question 4

Jurisdiction of the ICC

Answer 4

a). Genocide
b). Crimes against humanity
c). War crimes
d). Crime of aggression

Question 5

Restrictions of ICC jurisdiction

Answer 5

1). ICC can only prosecute a specific set of crimes
2). Can only prosecute crimes or individuals in an ICC member state or with UNSC referral
3). Can only act when domestic courts are unwilling or unable to prosecute the matter on their own

Question 6

ICC v USA

Answer 6

US does not want US citizens (military) under ICC jurisdiction, solution was article 98 agreement,
ICC can still bring cases, march 5 2020 ICC opens investigation into US war crimes in Afghanistan, Afghanistan requests deferral

Question 7

ICC v Omar al-Bashir

Answer 7

2003: Sudan begins campaign of mass killing, rape, and transfer of individuals at Darfur, 2005 UNSC resolution 1593 refers case to ICC, 2009 ICC indicts al-Bashir on charges of crimes against humanity, war crimes, issue warrant, 2010 ICC ads 3 counts of genocide, 2019 al-Bashir removed from power by coup, August 2021 Sudan announces al-Bashir transfer to ICC for trial