What is the International Criminal Court (ICC)?
22-11-2024
10:21 AM
1 min read
Overview:
The International Criminal Court recently issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu, his former Defence Minister and Hamas officials, accusing them of war crimes and crimes against humanity.
About International Criminal Court (ICC):
- It is a global court which seeks to hold to account those guilty of some of the world’s worst crimes.
- It is the only permanent international criminal tribunal.
- Background:
- The ICC was established by an international agreement, the Rome Statute, on 17 July 1998.
- The Rome Statute sets out the Court’s jurisdiction, structures and functions.
- The Statute entered into force on 1 July 2002.
- Mandate: It investigates and, where warranted, tries individuals charged with the gravest crimes of concern to the international community: genocide, war crimes, crimes against humanity, and the crime of aggression.
- HQ: Hague, Netherlands.
- Members: 123 nations are States Parties to the Rome Statute and recognize the ICC’s authority; the notable exceptions being the US, China, Russia, Israel, and India.
- Funding: The Court is funded by contributions from the States Partiesand by voluntary contributions from Governments, international organizations, individuals, corporations, and other entities.
- 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.
- Judicial Divisions: 18 judges in 3 divisions, the Pre-Trial Division, the Trial Division, and the Appeals Division.
- 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: The core function of the Registry is to provide administrative and operational support to the Chambers and the Office of the Prosecutor.
- Jurisdiction of ICC:
- Unlike the International Court of Justice (ICJ), which hears disputes between states, the ICC handles prosecutions of individuals.
- 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 may only exercise its jurisdiction if the national court is unable or unwilling to do so.
- The ICC only has jurisdiction over offences committed after the Statute’s entry into force on 1 July 2002.
- Relation with United Nations (UN):
- Article 2 of the Rome Statute provides for the ICC's relationship with the UN.
- While not a United Nations organization, the Court has a cooperation agreement with the UN.
- When a situation is not within the Court’s jurisdiction, the UN Security Councilcan refer the situation to the ICC, granting it jurisdiction.
Q1: What is the International Court of Justice (ICJ)?
The ICJ, also known as the World Court, is the principal judicial organ of the United Nations (UN). It was established in June 1945 by the Charter of the UN and began work in April 1946. The seat of the Court is at the Peace Palace in The Hague (Netherlands). Of the six principal organs of the UN, it is the only one not located in New York, United States. The hearings of the ICJ are always public.