Transcript International Criminal Law: Courts & Tribunals

Law
THE INTERNATIONAL CRIMINAL COURT
What it is and how it works
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What it is
• It’s an IO established by States on 17 July
1998
• It was established by treaty (the ‘ICC
Statute’), which came into force on 1 July
2002
• Its seat is at The Hague
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What it is: special features
• It’s a permanent institution
• It aspires to universality
– 110 States have become parties to the Statute (30 from
Africa, 14 from Asia, 17 from Eastern Europe, 24 from
Latin America and Caribbean States, and 25 from
European and other States)
• It’s complementary to national jurisdictions
• Victims have the right to participate in the
proceedings and to seek reparations
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How it works
Jurisdiction
• Subject-matter
–
–
–
–
Genocide
Crimes against humanity
War crimes
Aggression
• Personal
– Natural persons above 18
• Temporal
– Crimes committed after
1/7/2002
Preconditions to the exercise
of jurisdiction
•The crime has to be
committed on the territory of
a State party or otherwise
accepting the ICC
jurisdiction
•The accused is a national of
a State party or otherwise
accepting the ICC
jurisdiction
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How it works: Trigger mechanisms
Referral
of a situation
by a State
party
Jurisdiction
Referral
of a situation
by the
UN SC
Proprio motu
investigation
by the
Prosecutor
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How it works: admissibility of a case
• Causes of inadmissibility
– The case is being investigated or prosecuted
– The case has been investigated and not
prosecuted in ‘good faith’
– The person concerned has already been tried for
the same conduct
– The case is not of sufficient gravity to justify
further action
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How it works: Organs
The
Presidency
The Judicial Divisions
(Pre-Trial; Trial; Appeals)
The Office of the
Prosecutor
The
Registry
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The procedural stages
Enforcement
Preliminary
examination
by the OTP
Appeal
Request for
authorization
for an
investigation
Judgment
&
sentence
Pre-Trial Ch.
authorizes commencement
of an investigation
Trial
Pre-trial
proceedings
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Current developments
ICC
DRC
(self-referral)
Uganda
(self-referral)
Sudan
(referral by SC)
CAR
(self-referral)
Kenya
(proprio motu
Investigation)
3 cases, 4 suspects,
1 at large
1 case, 4 suspects
at large
1 case, 2 suspects
at large
1 case, 1 suspect
Authorization
to investigate
is pending