International Criminal Court

International Criminal Court 

The International Criminal Court recently unsealed an arrest warrant against Senator Ronald Dela Rosa, accusing him, along with ex-President Rodrigo Duterte and other “co-perpetrators” of the “crime against humanity of murder”.

About International Criminal Court 

• It is a permanent and independent criminal court established to prosecute offenders of serious crimes in the international community.  
• It is the only permanent international criminal tribunal.
• It was created by the Rome Statute, which came into force on July 1, 2002. 
• Mandate: ICC investigates and, where warranted, tries individuals charged with the gravest crimes of concern to the international community.
• Specifically, the ICC is intended to prosecute the following crimes:
  • Genocide
  • Crimes against humanity
  • War crimes
  • The crime of aggression
• The ICC is meant to serve as a last resort when the courts of sovereign states are unwilling to prosecute. 
• Therefore, the ICC is complementary to national criminal jurisdiction and does not supersede it. 
• Additionally, the ICC serves a different purpose than the International Court of Justice, which resolves conflicts between nations. 
• Members: There are 125 member countries (China, India, Israel, Russia, and the United States are not ICC parties).
• Funding: The Court is funded by contributions from the States Parties and by voluntary contributions from Governments, international organizations, individuals, corporations, and other entities.

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International Criminal Court Composition

• Judges: The court has eighteen judges, each from a different member country, elected to non-renewable nine-year terms.
• The Presidency:
  • Consists of three judges (the President and two Vice-Presidents) elected from among the judges.
  • It represents the Court to the outside world and helps with the organization of the work of the judges.
• Office of the Prosecutor (OTP):
  • OTP is responsible for receiving referrals and any substantiated information on crimes within the jurisdiction of the Court.
  • OTP examines these referrals and information, conducts investigations, and conducts prosecutions before the Court.
• Registry: It provides administrative and operational support to the Chambers and the Office of the Prosecutor.

International Criminal Court Jurisdiction

• The ICC is only competent to hear a case if:
  • The country where the offence was committed is a party to the Rome Statute; or
  • The perpetrator’s country of origin is a party to the Rome Statute.
• The ICC only has jurisdiction over offences committed after the Statute’s entry into force on 1 July 2002.
• Various parties have the right to refer a case to the ICC:
  • any State Party to the Rome Statute, irrespective of any involvement in the alleged offence;
  • the Prosecutor of the ICC;
  • the United Nations Security Council (UNSC)
• The UNSC may ask the ICC to defer investigation of a case for a limited period if it considers that the proceedings would constitute an obstruction to its powers.

Source: TH