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International Criminal Court (ICC)

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International Criminal Court (ICC) Legal basis Jurisdiction Relationship with national courts and the Security Council States s obligation to cooperate with the ... – PowerPoint PPT presentation

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Title: International Criminal Court (ICC)


1
International Criminal Court (ICC)
  • Legal basis
  • Jurisdiction
  • Relationship with national courts and the
    Security Council
  • Statess obligation to cooperate with the Court
    in the apprehension of suspects and the taking of
    evidence

2
Legal basis
  • Rome Statute of the Int.l Criminal Court
  • (adopted July 17, 1998 - entered into force July
    1st, 2002)
  • 119 states parties
  • Out of them 33 are African States, 17 are
    Asia-Pacific States, 18 are from Eastern Europe,
    26 are from Latin American and Caribbean States,
    and 25 are from Western European and other States

3
Jurisdiction ratione materiae (Art. 5)
  • Genocide (art. 6)
  • Crimes against humanity (art. 7)
  • War crimes (art. 8)
  • Aggression - arts 5(2) and 8 bis

4
Jurisdiction ratione temporis(Arts. 11 and 24)
  • Only crimes committed after the entry into force
    of the Statute (July 1st, 2002 or after the entry
    into force of the Statute for the State(s) the
    consent of which is necessary for the existence
    of the Courts jurisdiction)

5
Jurisdictionratione loci and personae(Art. 12)
  • The Court has not been endowed with the general
    power to exercise universal jurisdiction
  • As a rule, the Court can only exercise its
    jurisdicition in relation to crimes allegedly
    committed
  • on the territory of a State party
    territoriality or
  • by a national of a State party active
    nationality
  • Exception in case of referral of the UNSC

6
Trigger mechanism(Art. 13)
  • (a) State referral
  • (b) UNSC referral
  • (c) Investigations initiated proprio motu by the
    Prosecutor
  • See UNSC res. 1593 (2005), par. 1, whereby the SC
    decides to refer the situation in Darfur since 1
    July 2002 to the Prosecutor of the ICC

7
Admissibility(Arts. 17 and 20)
  • The ICC is complementary to national courts
  • As a rule, the Court can only exercise its
    jurisdiction if the State(s) having jurisdiction
    over the crimes in question are
  • unable and/or
  • unwilling
  • to genuinely prosecute.
  • Exception in case of referral of the UNSC

8
Deferral of the UNSC(art. 16)
  • The UNSC has not only
  • the positive power to trigger the Courts
    exercise of jurisdiction (art. 13(b)) but also
  • the negative power to suspend the Courts
    exercise of jurisdiction so-called power of
    deferral (art. 16)

9
ICC - SC
  • Power of referral
  • Power of deferral
  • Res.1593 (2005) on the situation in Darfur
    (Sudan)
  • Res. 1970 (2011) on the situation in the Libyan
    Arab Jamahiriya
  • Res. 1422 (2002)
  • Res. 1487 (2003)
  • Res. 1497 (2003) on Liberia
  • Res. 1593 (2005) on Darfur (Sudan)
  • Res. 1970 (2011) on the Libyan Arab Jamahiriya

10
Resolution 1422 (2002)adopted by the Security
Council on 12 July 2002
  • Acting under Chapter VII of the Charter of the
    United Nations,
  • 1. Requests, consistent with the provisions of
    Article 16 of the Rome Statute, that the ICC, if
    a case arises involving current or former
    officials or personnel from a contributing State
    not a Party to the Rome Statute over acts or
    omissions relating to a United Nations
    established or authorized operation, shall for a
    twelve-month period starting 1 July 2002 not
    commence or proceed with investigation or
    prosecution of any such case, unless the Security
    Council decides otherwise

11
Resolution 1497 (2003)adopted by the Security
Council on 1 August 2003
  • Acting under Chapter VII of the Charter of the
    United Nations,
  • 7. Decides that current or former officials or
    personnel from a contributing State, which is not
    a party to the Rome Statute of the International
    Criminal Court, shall be subject to the exclusive
    jurisdiction of that contributing State for all
    alleged acts or omissions arising out of or
    related to the Multinational Force or United
    Nations stabilization force in Liberia, unless
    such exclusive jurisdiction has been expressly
    waived by that contributing State

12
Jurisdiction and admissibility
  • Crime under the Statute
  • Committed after July 1, 2002
  • In the territory or by a national of a State
    party, in case of State referral, or
  • SC referral
  • Case admissible
  • NO SC deferral

13
Current scenarios
  • 13 cases in 7 situations have been brought before
    the International Criminal Court. 
  • Three by States Parties
  • self-referrals
  • Two by the Security Council, acting under
    Chapter VII of the UN Charter
  • Two investigations proprio motu
  • Communications
  • Democratic Republic of the Congo (DRC)
  • Uganda
  • Central African Republic (CAR)
  • Darfur, Sudan 
  • Libyan Ara Jamahiriya
  • Kenya
  • Côte dIvoire
  • E.g. Iraq

14
So-called internationalized or mixed criminal
courts or tribunals
  • Special Court for Sierra Leone
  • Special Panels for Serious Crimes in the District
    Court of Dili, East Timor
  • Regulation 64 Panels in District Courts of
    Kosovo
  • Extraordinary Chambers in the Courts of Cambodia
  • Special Tribunal for Lebanon
  • Bosnia and Herzegovinas War Crimes Chamber
  • Iraqi Special Tribunal
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