The ICC Flashcards
The court
Investigates & tries individuals charged with the gravest crimes: genocide, war crimes, crimes against humanity and the crime of aggression.
As a court of last resort, it seeks to complement, not replace, national Courts.
The Crimes
- The crime ofgenocideis characterized by the specific intent to destroy in whole or in part a national, ethnic, racial or religious group by killing its members or by other means.
- crimes against humanity, which are serious violations committed as part of a large-scale attack against any civilian population.
- war crimes which are grave breaches of the Geneva conventions in the context of armed conflict.
- crime of aggression: use of armed force by a State against the sovereignty, integrity or independence of another State.
Jurisdiction
The Court may exercise jurisdiction in a situation wheregenocide,crimes against humanityor war crimes were committed on or after 1 July 2002. OR committed by a State Party national, or in the territory of a State Party OR the crimes were referred to the ICC Prosecutor.
The prosecutor
The prosecutor has the power to select the situations he wants to prosecute.
If the situation has been referred to the prosecutor: free to open a case, conduct preliminary examinations, investigations.
If the prosecutor opens a case proprio motu, it will need to have approval of a preliminary chamber: prove that the event occurred after 2002 AND after the declaration of jurisdiction by the state + reasonable ground to believe that one of the crimes has occurred.
Organization
Assembly of States Parties
Trust found for victims
International Criminal Court: the presidency + 18 judges + the office of the prosecutor.