KK3 - International Organisations - International Criminal Court (ICC)

Question 1

ICC

Answer 1

Permeant international court established to investigate prosecute and try individuals accused of committing the most serious of crimes
Funded by member states, donations

Question 2

Rome Statue

Answer 2

-1998, a conference of 160 states established the first treaty-based permanent interaction criminal court. The treaty adopted during that conference is know as the Rome Statute of the ICC.
-There are 124 party states to the Rome Statute of the ICC. Notable absences include the three UN P5 members: China, Russia and the USA

Question 3

Jurisdiction of ICC

Answer 3

-Genocide, or the intent to destroy in whole or in part a national, ethnic, racial or religious group
-War crimes, or grave breaches of the laws of war, which include the Geneva Convention’s prohibitions on torture, the use of child soldiers, and attacks on civilian targets such as hospitals or schools
-Crimes against humanity, or violations committed as part of a large-scale attacks against civilian population, including murder, rape, imprisonment, slavery and torture
-Crimes of aggression, or the use or threat of armed force by a state against the territorial integrity, sovereignty, or political independence of another state, or violations of the UN charter

Question 4

Rome Statute and Jurisdiction

Answer 4

-When a state becomes a part to the Rome Statute, it agrees to submit itself to the jurisdiction of the ICC.
-The ICC may exercise its jurisdiction in situations where the alleged perpetrator is:
-A national citizen of a state part member to the ICC’s Rome Statute
-Where the crime was committed in the territory of a party state
-The ICC may also exercise its jurisdiction:
-Where a state not party to the Rome Statute may decide to accept the jurisdiction of the ICC
-When the Security council, acting under chapter VII of the UN charter, refers a situation of the office of the prosecutor.

Note: cannot try children

Question 5

Aims of ICC

Answer 5

1. Ensure the worst perpetrators are held accountable for their crimes
2. Serve as a court of last resort that can investigate, prosecute and punish the perpetrators of genocide, crimes against humanity, war crimes and crimes of aggression
3. Assist national judiciaries in investigating and prosecuting the worst perpetrators, allowing states to be the first to investigate and prosecute.
4. Help promote international peace and security by deterring future would be perpetrators

Question 6

Roles of the ICC

Answer 6

-Enforce the Rome Statute
-Conduct trials
-Prosecute perpetrators of serious crimes

Question 7

Power of the ICC (Strength)

Answer 7

-Perpetrators of heinous crimes have been brought to justice by the ICC in circumstances where they may otherwise have not faced justice

Question 8

Power of the ICC (Strength) Case study: Dominic Ongwen (UGA)

Answer 8

-Guilty for crimes against humanity and war crimes
-Attacks against the civilian population; sexual and gender based crimes; conscription of children under the age of 15
-Sentence: 25 years imprisonment

Question 9

Power of the ICC (weakness) - jurisdiction

Answer 9

-The ICC’s jurisdiction is severely limited; it has not achieved the global jurisdiction it sought at its inception
-Several large states, including three of the five permanent members of the UNSC, have not accepted jurisdiction of the ICC, thereby undermining effectiveness of this intergovernmental organisation

Question 10

Power of the ICC (weakness, jurisdiction) case study: Vladimir Putin

Answer 10

-Charged with war crimes
-Unlawful deportation and transfer of children from occupied areas of Ukraine to the Russian Federation
-Arrest warrant issued: 17 March 2023
-In August 2023, Vladimir Putin skipped a BRICS summit in South Africa, as they are a member state, so he could have been arrested
However, this significantly limits his ability to move freely around the world. It also commences a process of proceedings which can be acted upon should conditions change in the future. Sends a message to deterrence to other would-be perpetrators

Question 11

Power of the ICC (weakness) - enforcement

Answer 11

-The ICC lacks its own effective enforcement mechanism and must rely on its members states to enact and enforce its orders

Question 12

Power of the ICC (weakness, enforcement) case study: Omar al-Bashir

Answer 12

-2009, the ICC issued an arrest warrant for Omar al-Bashir.
-He was president of Sudan until 2019, and was charged with five counts of genocide, war crimes and crimes against humanity relating to the Dafur conflict in Sudan
-In June 2015, South Africa, a member state of the ICC, hosted the annual summit of the African Union.
-Despite al-Bashir’s in-person attendance at the summit and the outstanding warrant for his arrest, local police chose not to arrest al-Bashir, thereby failing to comply with its obligations to the ICC.
-Al-Bashir remains at large to this day.