Establishment of the Court
The International Criminal Court was established by the Rome Statute of the International Criminal Court, so called because it was adopted in Rome, Italy on 17 July 1998 by the United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court. The Rome Statute is an international treaty, binding only on those States which formally express their consent to be bound by its provisions. These States then become “Parties” to the Statute. In accordance with its terms, the Statute entered into force on 1 July 2002, once 60 States had become Parties. Today, 106 States have become Parties to the Statute. The States Parties meet in the Assembly of States Parties which is the management oversight and legislative body of the Court.
Following the adoption of the Rome Statute, the United Nations convened the Preparatory Commission for the International Criminal Court. As with the Rome Conference, all States were invited to participate in the Preparatory Commission. Among its achievements, the Preparatory Commission reached consensus on the Rules of Procedure and Evidence and the Elements of Crimes. These two texts were subsequently adopted by the Assembly of States Parties. Together with the Rome Statute and the Regulations of the Court adopted by the judges, they comprise the Court’s basic legal texts, setting out its structure, jurisdiction and functions.
Structure of the Court
The Court is an independent institution. The Court is not part of the United Nations, but it maintains a cooperative relationship with the U.N. The Court is based in The Hague , the Netherlands , although it may also sit elsewhere.
The Court is composed of four organs. These are the Presidency, the judicial Divisions, the Office of the Prosecutor and the Registry.
Presidency
Judicial Divisions
Office of the Prosecutor
Registry
Other Offices
Presidency
The Presidency is responsible for the overall administration of the Court, with the exception of the Office of the Prosecutor, and for specific functions assigned to the Presidency in accordance with the Statute. The Presidency is composed of three judges of the Court, elected to the Presidency by their fellow judges, for a term of three years. The President of the Court is Judge Philippe Kirsch ( Canada ). Judge Akua Kuenyehia ( Ghana ) is First Vice-President, and Judge René Blattmann ( Bolivia ) is Second Vice-President.
Judicial Divisions
The Judicial Divisions consists of eighteen judges organized into the Pre-Trial Division, the Trial Division and the Appeals Division. The judges of each Division sit in Chambers which are responsible for conducting the proceedings of the Court at different stages. Assignment of judges to Divisions is made on the basis of the nature of the functions each Division performs and the qualifications and experience of the judge. This is done in a manner ensuring that each Division benefits from an appropriate combination of expertise in criminal law and procedure and international law. The judges of the Court are: Philippe Kirsch (Canada), Akua Kuenyehia (Ghana), Judge René Blattmann (Bolivia), Georghios M. Pikis (Cyprus), Elizabeth Odio Benito (Costa Rica), Navanethem Pillay (South Africa), Sang-Hyun Song (Republic of Korea), Hans-Peter Kaul (Germany), Mauro Politi (Italy), Maureen Harding Clark (Ireland), Erkki Kourula (Finland), Fatoumata Dembele Diarra (Mali), Anita Ušacka (Latvia), Adrian Fulford (United Kingdom), Syvia Steiner (Brazil) and Ekaterina Trendafilova (Bulgaria).
Office of the Prosecutor
The Office of the Prosecutor is responsible for receiving referrals and any substantiated information on crimes within the jurisdiction of the Court, for examining them and for conducting investigations and prosecutions before the Court. The Office is headed by the Prosecutor, Luis Moreno Ocampo ( Argentina ), who was elected by the States Parties for a term of nine years. The Prosecutor is assisted by two Deputy Prosecutors, Serge Brammertz ( Belgium ) with responsibility for investigations and Fatou Bensouda (The Gambia) with responsibility for prosecutions.
Registry
The Registry is responsible for the non-judicial aspects of the administration and servicing of the Court. The Registry is headed by the Registrar who is the principal administrative officer of the Court. The Registrar exercises his or her functions under the authority of the President of the Court. The current Registrar, elected by the judges for a term of five years, is Bruno Cathala ( France ).
Other Offices
The Court also the Court includes a number of semi-autonomous offices such as the Office of Public Counsel for victims and the Office of Public Counsel for Defence. These Offices fall under the Registry for administrative purposes but otherwise function as wholly independent offices. The Assembly of States Parties has also established a Trust Fund for the benefit of victims of crimes within the jurisdiction of the Court and the families of these victims.
The Presidency is responsible for the overall administration of the Court, with the exception of the Office of the Prosecutor, and for specific functions assigned to the Presidency in accordance with the Statute. The Presidency is composed of three judges of the Court, elected to the Presidency by their fellow judges, for a term of three years. The President of the Court is Judge Philippe Kirsch ( Canada ). Judge Akua Kuenyehia ( Ghana ) is First Vice-President, and Judge René Blattmann ( Bolivia ) is Second Vice-President.
Judicial Divisions
The Judicial Divisions consists of eighteen judges organized into the Pre-Trial Division, the Trial Division and the Appeals Division. The judges of each Division sit in Chambers which are responsible for conducting the proceedings of the Court at different stages. Assignment of judges to Divisions is made on the basis of the nature of the functions each Division performs and the qualifications and experience of the judge. This is done in a manner ensuring that each Division benefits from an appropriate combination of expertise in criminal law and procedure and international law. The judges of the Court are: Philippe Kirsch (Canada), Akua Kuenyehia (Ghana), Judge René Blattmann (Bolivia), Georghios M. Pikis (Cyprus), Elizabeth Odio Benito (Costa Rica), Navanethem Pillay (South Africa), Sang-Hyun Song (Republic of Korea), Hans-Peter Kaul (Germany), Mauro Politi (Italy), Maureen Harding Clark (Ireland), Erkki Kourula (Finland), Fatoumata Dembele Diarra (Mali), Anita Ušacka (Latvia), Adrian Fulford (United Kingdom), Syvia Steiner (Brazil) and Ekaterina Trendafilova (Bulgaria).
Office of the Prosecutor
The Office of the Prosecutor is responsible for receiving referrals and any substantiated information on crimes within the jurisdiction of the Court, for examining them and for conducting investigations and prosecutions before the Court. The Office is headed by the Prosecutor, Luis Moreno Ocampo ( Argentina ), who was elected by the States Parties for a term of nine years. The Prosecutor is assisted by two Deputy Prosecutors, Serge Brammertz ( Belgium ) with responsibility for investigations and Fatou Bensouda (The Gambia) with responsibility for prosecutions.
Registry
The Registry is responsible for the non-judicial aspects of the administration and servicing of the Court. The Registry is headed by the Registrar who is the principal administrative officer of the Court. The Registrar exercises his or her functions under the authority of the President of the Court. The current Registrar, elected by the judges for a term of five years, is Bruno Cathala ( France ).
Other Offices
The Court also the Court includes a number of semi-autonomous offices such as the Office of Public Counsel for victims and the Office of Public Counsel for Defence. These Offices fall under the Registry for administrative purposes but otherwise function as wholly independent offices. The Assembly of States Parties has also established a Trust Fund for the benefit of victims of crimes within the jurisdiction of the Court and the families of these victims.
Jurisdiction and Admissibility
The Court may exercise jurisdiction over genocide, crimes against humanity and war crimes. These crimes are defined in detail in the Rome Statute. In addition, a supplementary text of the “Elements of Crimes” provides a breakdown of the elements of each crime.
The Court has jurisdiction over individuals accused of these crimes. This includes those directly responsible for committing the crimes as well as others who may be liable for the crimes, for example by aiding, abetting or otherwise assisting in the commission of a crime. The latter group also includes military commanders or other superiors whose responsibility is defined in the Statute.
The Court does not have universal jurisdiction. The Court may only exercise jurisdiction if:
The accused is a national of a State Party or a State otherwise accepting the jurisdiction of the Court;
The crime took place on the territory of a State Party or a State otherwise accepting the jurisdiction of the Court; or
The United Nations Security Council has referred the situation to the Prosecutor, irrespective of the nationality of the accused or the location of the crime.
The Court’s jurisdiction is further limited to events taking place since 1 July 2002. In addition, if a State joins the Court after 1 July 2002, the Court only has jurisdiction after the Statute entered into force for that State. Such a State may nonetheless accept the jurisdiction of the Court for the period before the Statute’s entry into force. However, in no case can the Court exercise jurisdiction over events before 1 July 2002.
Even where the Court has jurisdiction, it will not necessarily act. The principle of “complementarity” provides that certain cases will be inadmissible even though the Court has jurisdiction. In general, a case will be inadmissible if it has been or is being investigated or prosecuted by a State with jurisdiction. However, a case may be admissible if the investigating or prosecuting State is unwilling or unable to genuinely to carry out the investigation or prosecution. For example, a case would be admissible if national proceedings were undertaken for the purpose of shielding the person from criminal responsibility. In addition, a case will be inadmissible if it is not of sufficient gravity to justify further action by the Court.
How the Court Works
States Parties or the United Nations Security Council may refer situations of crimes within the jurisdiction of the Court to the Prosecutor. The Prosecutor evaluates the available information and commences an investigation unless he determines there is no reasonable basis to proceed.
The Prosecutor may also begin an investigation on his own initiative. In doing so, he receives and analyzes information submitted by a variety of reliable sources. If the Prosecutor concludes there is a reasonable basis to proceed with an investigation, he asks a Pre-Trial Chamber to authorize an investigation.
The Prosecutor’s investigations cover all facts and evidence relevant to an assessment of criminal responsibility. The Prosecutor investigates incriminating and exonerating circumstance equally and fully respects the rights of the accused.
During the duration of an investigation, each situation is assigned to a Pre-Trial Chamber. The Pre-Trial Chamber is responsible for the judicial aspects of proceedings. Among its functions, the Pre-Trial Chamber, on the application of the Prosecutor, may issue a warrant of arrest or a summons to appear if there are reasonable grounds to believe a person has committed a crime within the jurisdiction of the Court. Once a wanted person has been surrendered to or voluntarily appears before the Court, the Pre-Trial Chamber holds a hearing to confirm the charges that will be the basis of the trial.
Following the confirmation of charges, a case is assigned to a Trial Chamber of three judges. The Trial Chamber is responsible for conducting fair and expeditious proceedings with full respect for the rights of the accused. The accused is presumed innocent until proven guilty by the Prosecutor beyond reasonable doubt. The accused has the right to conduct the defence in person or through counsel of his or her choosing. Victims may also participate in proceedings directly or through their legal representatives.
Upon conclusion of the proceedings, the Trial Chamber issues its decision, acquitting or convicting the accused. If the accused is convicted, the Trial Chamber issues a sentence for a specified term of up to thirty years or, when justified by the extreme gravity of the crime and the individual circumstances of the convicted person, life imprisonment. The Trial Chamber may also order reparations to victims.
Throughout the Pre-Trial and Trial phases, the accused, the Prosecutor or a concerned State may appeal decisions of the Chambers as specified by the Statute. Following the decision of the Trial Chamber, the Prosecutor or the accused may appeal the decision or sentence as provided in the Statute. Legal representatives of victims, the convicted person or bona fide owners of adversely-affected property may appeal reparations orders. All appeals are decided by the Appeals Chamber of five judges.
International Cooperation
In all of its activities, the Court relies on international cooperation, in particular from States.
States Parties are obliged to cooperate fully with the Court in its investigations and prosecutions. States Parties may cooperate in, inter alia, arresting persons wanted by the Court, providing evidence for use in proceedings, relocating witnesses, and enforcing the sentences of convicted persons. The Court may also receive cooperation from non-States Parties, and may enter into arrangements or agreements to provide cooperation.
International organizations also provide important support to the Court. Foremost among these is the United Nations. On 4 October 2004, the President of the ICC Philippe Kirsch and the Secretary-General of the United Nations Kofi Annan concluded the Negotiated Relationship Agreement between the International Criminal Court and the United Nations. This Agreement provides for institutional relations, cooperation and judicial assistance between the Court and the United Nations while reaffirming the independence of the Court.
RELEVANT Questions : ICC
1. Why is an International Criminal Court necessary?
This past century has seen some of the worst atrocities in the history of humanity.In too many cases, these crimes have been committed with impunity, which has only encouraged others to flout the laws of humanity.States representative of the international community met in order to negotiate and agree upon the establishment of a treaty based International Criminal Court to help end impunity and the gross violations of international humanitarian law.
This past century has seen some of the worst atrocities in the history of humanity.In too many cases, these crimes have been committed with impunity, which has only encouraged others to flout the laws of humanity.States representative of the international community met in order to negotiate and agree upon the establishment of a treaty based International Criminal Court to help end impunity and the gross violations of international humanitarian law.
2. What are the key features of the ICC?
Based in the Hague, The Nederlands, the International Criminal Court is the first ever permanent international institution, with jurisdiction to prosecute individuals responsible for the most serious crimes of international concern : genocide, crimes against humanity and war crimes. The Court shall exercise jurisdiction over the crime of aggression once a provision is adopted defining the crime and setting out the conditions under which the Court shall exercise jurisdiction with respect to it.The jurisdiction of the ICC will be complementary to national courts, which means that the Court will only act when countries themselves are unable or unwilling to investigate or prosecute.The jurisdiction and functionning of the court is governed by the provisions of the Rome Statute. The ICC also has strong protections for due process, procedural safeguards to protect it from abuse, and furthers victims' rights and gender justice under international law.
Based in the Hague, The Nederlands, the International Criminal Court is the first ever permanent international institution, with jurisdiction to prosecute individuals responsible for the most serious crimes of international concern : genocide, crimes against humanity and war crimes. The Court shall exercise jurisdiction over the crime of aggression once a provision is adopted defining the crime and setting out the conditions under which the Court shall exercise jurisdiction with respect to it.The jurisdiction of the ICC will be complementary to national courts, which means that the Court will only act when countries themselves are unable or unwilling to investigate or prosecute.The jurisdiction and functionning of the court is governed by the provisions of the Rome Statute. The ICC also has strong protections for due process, procedural safeguards to protect it from abuse, and furthers victims' rights and gender justice under international law.
3. When did the Rome Statute of the International Criminal Court enter into force?
The ICC Statute entered into force on 1 July 2002, 60 days after the 60th ratification needed to create the Court was received on April 11th at a special event at the United Nations, when 10 countries simultaneously deposited their instruments of ratification.
4. Doesn’t “complementarity” mean that the International Criminal Court can never prosecute if a country holds its own trial?
The International Criminal Court will complement national courts so that they retain jurisdiction to try genocide, crimes against humanity and war crimes.If a case is being considered by a country with jurisdiction over it, then the ICC cannot act unless the country is unwilling or unable genuinely to investigate or prosecute.A country may be determined to be "unwilling" if it is clearly shielding someone from responsibility for ICC crimes. A country may be "unable" when its legal system has collapsed.
The International Criminal Court will complement national courts so that they retain jurisdiction to try genocide, crimes against humanity and war crimes.If a case is being considered by a country with jurisdiction over it, then the ICC cannot act unless the country is unwilling or unable genuinely to investigate or prosecute.A country may be determined to be "unwilling" if it is clearly shielding someone from responsibility for ICC crimes. A country may be "unable" when its legal system has collapsed.
5. Who can initiate proceedings?
Proceedings before the ICC may be initiated by a State Party, the Prosecutor or the United Nations Security Council. The jurisdiction of the ICC is based on "complementarity", which allows national courts the first opportunity to investigate or prosecute.
Proceedings before the ICC may be initiated by a State Party, the Prosecutor or the United Nations Security Council. The jurisdiction of the ICC is based on "complementarity", which allows national courts the first opportunity to investigate or prosecute.
6. Can the ICC be used to try crimes committed before the Rome Treaty entered into force?
The ICC will not have retroactive jurisdiction and therefore will not apply to crimes committed before 1 July 2002, when the Statute entered into force.
The ICC will not have retroactive jurisdiction and therefore will not apply to crimes committed before 1 July 2002, when the Statute entered into force.
7. Why is the Court not exercising its jurisdiction over the crime of aggression?
The Rome Statute included the crime of aggression within the jurisdiction of the Court. However, the States Parties must adopt an agreement setting up a definition of aggression and the conditions under which the Court could exercise its jurisdiction. A review conference will be held in 2009, seven years from the date that the Rome Statute entered into force, during which the matter will be discussed.
The Rome Statute included the crime of aggression within the jurisdiction of the Court. However, the States Parties must adopt an agreement setting up a definition of aggression and the conditions under which the Court could exercise its jurisdiction. A review conference will be held in 2009, seven years from the date that the Rome Statute entered into force, during which the matter will be discussed.
8. Can the ICC deal with terrorist acts within its existing jurisdiction?
The ICC will have jurisdiction over genocide, crimes against humanity and war crimes. The ICC may be able to prosecute terrorist acts only if they fall within these categories.
The ICC will have jurisdiction over genocide, crimes against humanity and war crimes. The ICC may be able to prosecute terrorist acts only if they fall within these categories.
9. How is the ICC different from the ad hoc Tribunals for Rwanda and the former Yugoslavia?
The International Criminal Court is the product of a multilateral treaty, whereas the Tribunals for the former Yugoslavia and Rwanda were created by the United Nations Security Council. These tribunals were created in response to specific situations and will be in existence for a limited time period. The ICC is a permanent international criminal tribunal and will avoid the delays and costs of creating ad hoc tribunals.
The International Criminal Court is the product of a multilateral treaty, whereas the Tribunals for the former Yugoslavia and Rwanda were created by the United Nations Security Council. These tribunals were created in response to specific situations and will be in existence for a limited time period. The ICC is a permanent international criminal tribunal and will avoid the delays and costs of creating ad hoc tribunals.
10. How is the ICC different from the International Court of Justice?
The International Court of Justice (ICJ) does not have criminal jurisdiction to prosecute individuals. It is a civil tribunal that deals primarily with disputes between States. The ICJ is the principle judicial organ of the United Nations, whereas the ICC is independent of the UN.
The International Court of Justice (ICJ) does not have criminal jurisdiction to prosecute individuals. It is a civil tribunal that deals primarily with disputes between States. The ICJ is the principle judicial organ of the United Nations, whereas the ICC is independent of the UN.
11. Where is the International Criminal Court located?
The ICC has established its headquarters in The Hague, The Netherlands. The Court is currently located at ‘de arc’. Address: Maanweg 174, 2516 AB, The Hague, Netherlands. Postal Address: Po Box 19519, 2500 CM, Den Haag, Netherlands.
The ICC has established its headquarters in The Hague, The Netherlands. The Court is currently located at ‘de arc’. Address: Maanweg 174, 2516 AB, The Hague, Netherlands. Postal Address: Po Box 19519, 2500 CM, Den Haag, Netherlands.
12. How many people work for the ICC?
As at October 2004, 116 women and 134 men work for the ICC, coming from 60 states.
As at October 2004, 116 women and 134 men work for the ICC, coming from 60 states.
Victims and witnesses
One of the great innovations of the Statute of the International Criminal Court and its Rules of Procedure and Evidence is the series of rights granted to victims. For the first time in the history of international criminal justice, victims have the possibility under the Statute to present their views and observations before the Court.
Participation before the Court may occur at various stages of proceedings and may take different forms. Although it will be up to the judges to give directions as to the timing and manner of participation.
Participation in the Court's proceedings will in most cases take place through a legal representative and will be conducted ”in a manner which is not prejudicial or inconsistent with the rights of the accused and a fair and impartial trial”.
The victim-based provisions within the Rome Statute provide victims with the opportunity to have their voices heard and to obtain, where appropriate, some form of reparation for their suffering. It is this balance between retributive and restorative justice that will enable the ICC, not only to bring criminals to justice but also to help the victims themselves obtain justice.
Assembly of States Parties
The Assembly of States Parties is the management oversight and legislative body of the International Criminal Court.It is composed of representatives of the States that have ratified and acceded to the Rome Statute. Each State Party is represented by a representative who is proposed to the Credential Committee by the Head Of State of government or the Minister of Foreign Affairs (Chapter IV of the Rules of Procedure of the Assembly of States Parties).The Assembly of States Parties has a bureau, consisting of a President, two Vice Presidents and 18 members elected by the Assembly for a three-year term, taking into consideration principles of equitable geographic distribution and adequate representation of the principal legal systems of the world.On its second session in September 2003, the Assembly of States Parties decided to establish a Permanent Secretariat (ICC-ASP/2/L.5).
The Assembly of States Parties decides on various items, such as the adoption of normative texts and of the budget, the election of the judges and of the Prosecutor and the Deputy Prosecutor(s) .According to article 112 (7), each State Party has one vote and every effort has to be made to reach decisions by consensus both in the Assembly and the Bureau. If consensus cannot be reached, decisions are taken by vote.
The Court Today
Since the Statute entered into force on 1 July 2002, the Court has developed into a fully functioning institution.
Four situations have been referred to the Prosecutor. Three State Parties (Uganda, Democratic Republic of the Congo and Central African Republic) have referred situations occurring on their territories to the Court, and the Security Council, acting under Chapter VII of the United Nations Charter, has referred a situation on the territory of a non-State Party (Darfur, Sudan).
After analysing the referrals for jurisdiction and admissibility, the Prosecutor began investigations in three situations – Uganda; Democratic Republic of the Congo and Darfur, Sudan. On 8 July 2005, the Court issued the first arrest warrants with regard to the situation in Uganda. Subject to sufficient cooperation in arresting persons, the Court will begin trials soon.
The Prosecutor continues to monitor situations in other countries, including Côte d’Ivoire, a non-State Party, which declared its acceptance of jurisdiction over crimes on its territory.
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