1. Permanent judicial body established by the Rome Statute of the International Criminal Court (1998).
2. The ICC was established as a court of last resort to prosecute the most heinous offenses in cases where national courts fail to act.
3. Prosecute individuals for genocide, crimes against humanity, war crimes, and the crime of aggression- with certain condition.
The Rome Statute of the International Criminal Court refers to the crime of aggression as one of the “most serious crimes of concern to the international community”, and provides that the crime falls within the jurisdiction of the International Criminal Court (ICC). However, the Rome Statute stipulates that the ICC may not exercise its jurisdiction over the crime of aggression until such time as the states parties agree on a definition of the crime and set out the conditions under which it may be prosecuted.
Aggression has been included as a crime within the Court's jurisdiction. But first, the States Parties must adopt an agreement setting out two things: a definition of aggression, which has so far proven difficult, and the conditions under which the Court could exercise its jurisdiction. Several proposals have been considered. Some countries feel that, in line with the UN Charter and the mandate it gives to the Security Council, only the Council has the authority to find that an act of aggression has occurred. If this is agreed, then such a finding by the Council would be required before the Court itself could take any action. Other countries feel that such authority should not be limited to the Security Council. There are proposals under consideration that would give that role to the General Assembly or to the International Court of Justice, if an accusation of aggression were made and the Security Council did not act within a certain time. In September 2002, the Assembly of States Parties to the Court established a special working group, open to all States, to elaborate proposals for a provision on aggression.
4. The Court's Jurisdiction
The entire premise of the Court is based on the principle of complementarity, which means that the Court can only exercise its jurisdiction only when national courts are unwilling or unable to investigate or prosecute such crimes. Primary responsibility to investigate and punish crimes is therefore left to individual states. The first priority always goes to national courts. The International Criminal Court is in no way meant to replace the authority of national courts. But there may be times when a State's court system collapses and ceases to function. Similarly, there may be governments that condone or participate in an atrocity themselves, or officials may be reluctant to prosecute someone in a position of great power and authority.
5. Conditions are required for the Court to act.
one or more of the parties involved is a State Party;
the accused is a national of a State Party;
the crime is committed on the territory of a State Party;
or a State not party to the Statute may decide to accept the court's jurisdiction over a specific crime that has been committed within its territory, or by its national.
But these conditions do not apply when the Security Council, acting under Chapter VII of the Charter, refers a situation to the Prosecutor.
6. Territorial Jurisdiction
where the person accused of committing a crime is a national of a state party (or where the person's state has accepted the jurisdiction of the Court);
where the alleged crime was committed on the territory of a state party (or where the state on whose territory the crime was committed has accepted the jurisdiction of the Court); or
where a situation is referred to the Court by the UN Security Council.
7. Temporal Jurisdiction
Court's jurisdiction does not apply retroactively: it can only prosecute crimes committed on or after 1 July 2002 (the date on which the Rome Statute entered into force). Where a state becomes party to the Rome Statute after that date, the Court can exercise jurisdiction automatically with respect to crimes committed after the statute enters into force for that state.
8. The Court is intended as a court of last resort, investigating and prosecuting only where national courts have failed.
A case is inadmissible if:
‘(a) The case is being investigated or prosecuted by a State which has jurisdiction over it, unless the State is unwilling or unable genuinely to carry out the investigation or prosecution;
(b) The case has been investigated by a State which has jurisdiction over it and the State has decided not to prosecute the person concerned, unless the decision resulted from the unwillingness or inability of the State genuinely to prosecute;
(c) The person concerned has already been tried for conduct which is the subject of the complaint, and a trial by the Court is not permitted under article 20, paragraph 3;
(d) The case is not of sufficient gravity to justify further action by the Court.’
9. If a person has already been tried by another court, the ICC cannot try them again for the same conduct unless the proceedings in the other court:
‘(a) Were for the purpose of shielding the person concerned from criminal responsibility for crimes within the jurisdiction of the Court; or
(b) Otherwise were not conducted independently or impartially in accordance with the norms of due process recognized by international law and were conducted in a manner which, in the circumstances, was inconsistent with an intent to bring the person concerned to justice.’ ( Sec.3, Art. 20 of Rome Statute of the International Criminal Court.
10. The official seat of the Court is in The Hague, Netherlands, but its proceedings may take place anywhere. The ICC is sometimes referred to as a "World Court" but it should not be confused with the International Court of Justice, also known as the World Court, which is the United Nations organ that settles disputes between nations.
11. ICC currently has twelve detention cells in a Dutch prison in Scheveningen, The Hague.
Structure
The Court consists of four organs: the Presidency, the Judicial Divisions, the Office of the Prosecutor, and the Registry.
12. Presidency
The Presidency is responsible for the proper administration of the Court (apart from the Office of the Prosecutor). It comprises the President and the First and Second Vice-Presidents — three judges of the Court who are elected to the Presidency by their fellow judges for a maximum of two three-year terms. As of October 2007, the President is Philippe Kirsch, who was elected to a second term on 11 March 2006.
13. Judicial Divisions
The Judicial Divisions consist of the 18 judges of the Court, organized into three divisions — the Pre-Trial Division, Trial Division and Appeals Division — which carry out the judicial functions of the Court.
The Pre-Trial Division (which comprises the First Vice President and six other judges) confirms indictments and issues international arrest warrants. T
The Trial Division (the Second Vice President and five other judges) presides over trials.
Decisions of the Pre-Trial and Trial Divisions may be appealed to the Appeals Division (the President and four other judges). Judges are assigned to divisions according to their qualifications and experience.
Judges are elected to the Court by the Assembly of States Parties. They serve nine-year terms and are not generally eligible for re-election. All judges must be nationals of states parties to the Rome Statute, and no two judges may be nationals of the same state. They must be “persons of high moral character, impartiality and integrity who possess the qualifications required in their respective States for appointment to the highest judicial offices”.
14. Office of the Prosecutor
Responsible for conducting investigations and prosecutions. It is headed by the Prosecutor, who is assisted by two Deputy Prosecutors. The Rome Statute provides that the Office of the Prosecutor shall act independently; as such, no member of the Office may seek or act on instructions from any external source, such as states, international organisations, non-governmental organisations or individuals.
when a situation is referred to him by a state party;
when a situation is referred to him by the United Nations Security Council, acting to address a threat to international peace and security; or
when the Pre-Trial Chamber authorises him to open an investigation on the basis of information received from other sources, such as individuals or non-governmental organisations.
As of October 2007, the Prosecutor is Luis Moreno-Ocampo of Argentina, who was elected by the Assembly of States Parties on 21 April 2003 for a term of nine years.
15. Registry
Responsible for the non-judicial aspects of the administration and servicing of the Court. This includes, among other things, “the administration of legal aid matters, court management, victims and witnesses matters, defence counsel, detention unit, and the traditional services provided by administrations in international organisations, such as finance, translation, building management, procurement and personnel”. The Registry is headed by the Registrar, who is elected by the judges to a five-year term.
Rights of the Accused
16. All persons are presumed innocent until proven guilty beyond reasonable doubt.
17. Rights of the accused and persons during investigations. Include the right to be fully informed of the charges against him or her; the right to have a lawyer appointed, free of charge; the right to a speedy trial; and the right to examine the witnesses against him or her and to obtain the attendance and examination of witnesses on his or her behalf.
18. In order to ensure “equality of arms” between defence and prosecution teams, the ICC has established an independent Office of Public Counsel for the Defence (OPCD) to provide logistical support, advice and information to defendants and their counsel. The OPCD also helps to safeguard the rights of the accused during the initial stages of an investigation.
19. ICC is legally and functionally independent from the United Nations.
Nonetheless, the Rome Statute grants the UN a clear role in relation to the Court. The Security Council may refer to the Court situations that would not otherwise fall under the Court's jurisdiction (as it did in relation to the situation in Darfur, which the Court could not otherwise have prosecuted as Sudan is not a state party). Article 16 of the Rome Statute also allows the Security Council to require the Court to defer from investigating a case for a period of 12 months. Such a deferral may be renewed indefinitely by the Security Council.
20. It is unclear to what extent the Court is compatible with reconciliation processes that grant amnesty to human rights abusers as part of agreements to end conflict. Article 16 of the Rome Statute allows the Security Council to prevent the Court from investigating or prosecuting a case, and Article 53 allows the Prosecutor the discretion not to initiate an investigation if he or she believes that “an investigation would not serve the interests of justice”.
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