International Criminal Court

International Criminal Court Headquarters, Netherlands

Vladimir Putin and Omar al-Bashir (2017-11-23) 02

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Fatou Bensouda5

International Criminal Court The Hague 2020 (cropped)

International Criminal Court (ICC) is an intergovernmental organization and international tribunal that sits in The Hague, Netherlands. The ICC has the jurisdiction to prosecute individuals for the international crimes of genocide, crimes against humanity, war crimes, and the crime of aggression. It is intended to complement existing national judicial systems and it may therefore only exercise its jurisdiction when certain conditions are met, such as when national courts are unwilling or unable to prosecute criminals or when the United Nations Security Council or individual states refer situations to the Court.

History

The establishment of the International Criminal Court was a result of a growing demand for a permanent international tribunal to prosecute crimes of a severe nature. The idea of such a court can be traced back to the early 20th century, but it was not until the 1990s, after the Cold War, that significant steps were taken towards its creation. The Rome Statute, the treaty that established the ICC, was adopted at a diplomatic conference in Rome on 17 July 1998 and came into force on 1 July 2002, after it had been ratified by 60 countries.

Jurisdiction and Functioning

The ICC is governed by an international treaty called the Rome Statute. The Court has four main functions: to investigate, prosecute, try individuals, and enforce sentences. Its jurisdiction is limited to prosecuting individuals, not states, and it can only prosecute crimes committed after the establishment of the Court in 2002.

The Court's proceedings are divided into several stages: the preliminary examination, the investigation, the pre-trial phase, the trial, and the appeal. The Office of the Prosecutor conducts preliminary examinations and investigations. If there is sufficient evidence, the Prosecutor may then bring charges against individuals, which are considered by the Pre-Trial Chamber. If the charges are confirmed, the case goes to trial.

Membership

As of the last update, over 120 countries are members of the ICC. However, some major countries, including the United States, China, Russia, and India, have not joined. Membership in the ICC is voluntary, and states that are party to the Rome Statute are obligated to cooperate with the Court.

Challenges and Criticisms

The ICC has faced various challenges and criticisms since its establishment. Some critics argue that the Court has been ineffective in prosecuting individuals responsible for serious crimes due to political considerations and the refusal of some countries to cooperate. Others have accused the ICC of bias, particularly against African states, as many of its cases have been focused on African countries.

Impact and Significance

Despite its challenges, the ICC represents a significant development in international law and the pursuit of justice for the most serious crimes. It embodies the international community's commitment to holding individuals accountable for their actions and ensuring that victims of grave crimes receive justice.

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