The International Criminal Court (ICC) Flashcards
What is the primary objective of the International Criminal Court (ICC)?
“To promote peace and international security and an end to impunity [and to] prevent recurring violence” — Fatou Bensouda, Chief Prosecutor of the ICC
What is the Rome Statute?
The Rome Statute is the treaty that established the International Criminal Court (ICC), its functions, jurisdiction, and structure on July 1, 2002
How many states are parties to the Rome Statute?
As of August 1, 2011, 115 states are parties to the Rome Statute
What is the Office of the Prosecution (OTP)?
The Office of the Prosecution (OTP) is an independent organ of the ICC that is responsible for assessing the jurisdiction, investigating the evidence, and determining responsibility for/in a trial
What are the 6 steps of an ICC trial?
- Opening an investigation
- Preliminary investigation
- Investigation
- Arrest warrant or summons
- Trial
- Judgement
How does an ICC investigation begin?
A state party may request an investigation based on crimes being committed within their state or outside, or the UN Security Council may recommend an investigation
The ICC prosecutor opens a case with the authorisation of the ICC judges
What are the 5 elements that must be proven in an ICC preliminary investigation?
- Jurisdiction based on the date of the crime(s) – must have been after July 1, 2002
- Jurisdiction based on the types of crimes committed (genocide, crimes against humanity, war crimes, crimes of aggression)
- The crime(s) must have been committed by a national or state party
- Complementarity: whether the state level justice system (domestic, internal) is willing/able to enforce justice on the issue(s)
- Whether the trial will serve the interests, justice, and security of the people
What does the Investigative Division of the OTP do during an investigation?
The OTP provides investigative expertise and support, coordinates field development of staff and security, plans, and protection policies, and provides crime, information, and evidence analyses
They send missions to concerned countries to collect and examine evidence, and question people being investigated, victims, and witnesses
They rely on the assistance and cooperation of state parties, international and regional organisations, and civil society
Why are arrest warrants and summons issued, respectively?
Arrest warrant are issued to ensure that the accused does not compromise, endanger, or obstruct the proceedings, and that they do not continue to commit the crime
Summons to appear are issued if there is reasonable belief that the accused will appear voluntarily
Describe the format of an ICC pre-trial and trial.
Pre-trial: the OTP discloses all evidence (whether they are incriminating or exonerating), and the judges decide to confirm, decline, or review the charges against the defendant
Trial: the prosecutor aims to meet their burden of proof of guilt, while the accused and their council presents their defense
What happens during judgement and appeal?
Judgement: if the accused is found guilty, they will serve their time in one of the countries that have previously agreed to uphold ICC sentences
Appeal: 5 judges determine together whether the charges should be upheld, amended, or reversed
What are the 4 greatest breaches of international law identified by the ICC?
- Genocide: the deliberate killing of a large group of people, especially those of a particular ethnic group or nation
- Crimes against humanity: serious offenses that constitute an attack on human dignity or a grave humiliation/degradation of one or more human beings, that are not isolated/sporadic events, but rather they are either part of a government policy or a wide practice of atrocities condoned/tolerated by the government or a similar authority
- War crimes: actions carried out during an act of war that violate accepted international rules of war
- Crimes of aggression
