International Criminal Court (ICC) Flashcards
What is the ICC?
An independent, permanent court that tries persons accused of the most heinous crimes.
The ICC is based on the Rome statute
Who does the ICC prosecute?
Individuals accused on the most heinous crimes (genocide, crimes against humanity, war crimes, crimes of aggression)
What is the ICC’s jurisdiction (power)?
Can prosecute those who have committed these crimes. Anyone who is citizen of a member-state can be prosecuted, even if they commit the crime in a state which is not a member.
What are the aims of the ICC?
- Ensue the worse perpetrators are held accountable for their crimes
- Serve as the court of last resort that can investigate, prosecute and punish the perpetrators of heinous crimes
- Assist national judiciaries in investigating and prosecuting the worst perpetrators (allow states to be first to investigate and prosecute)
- Help promote international peace and security by deterring future would-be perpetrators.
What does ‘court of last resort’ mean?
ICC does not replace jurisdiction of nations, and will only investigate and prosecute when states are unable or unwilling to.
How does the ICC gain power?
Relies on cooperation from worldwide countries, as it does not have its own police or enforcement body. However, the ICC has its own detention centre. Relies on states to freeze arrests and enforce sentences. 2/3 of judges must agree for conviction to be recorded.
What are the roles of the ICC?
- Deter would-be criminals and offer rehabilitation to those found guilty
- Establish a historical record and give a voice and justice to victims
- Provide a fair and just system for all involved
- Provide education and act as a moral authority
What is the power of the ICC?
Member-states must hand over individuals to the prosecutor. Prosecutor can investigate heinous crimes having occurred after July 1 2002 (Rome statute which took affect in 1998)
Can prosecute any individual who is a citizen of a member-state. Can issue an arrest warrant. Can bypass the member-state only rule if UNSC refers case to ICC, or member state accepts jurisdiction
How is the ICC’s power limited?
Can only prosecute the 4 heinous crimes (and July 17th 2018 for crimes of aggression).
- if not a member-state citizen, or not recommended by UNSC, cannot be put on trial
- Can only prosecute individuals, not cooperations or nations (ICJ jurisdiction)
What is an example of when the ICC prosecuted in a non-member state
March 2023, Putin arrest warrant for deportation of children
Ukraine accepted jurisdiction of ICC for crimes in Ukraine 2013 onwards.
Both are not members
What is an example of when the ICC is effective?
ICC indicted more than 40 individuals, last was March 2023
Abd-al-Rahman is detained for war crimes in 2003-4. Case began 2022.
