Transcript ICC Clicker Charts

Presented by:
Daniel Ciarmiello, Ericka Nicoletti,
and Jessica Pena
Important Dates
•1945-1949  Nuremburg Trials
•May 3rd, 1946- November 12th, 1948 Tokyo Trials
•May, 1993 International Criminal Tribunal for Yugoslavia
•December ,1994 International Criminal Tribunal for Rwanda
•July 17, 1998  Rome Statute of ICC
•July 1st, 2002  Enactment of the International Criminal Court
What is the Structure of the ICC?
Assembly of State Parties
Elected by
Absolute Majority
Elected by
2/3 Majority
18 Judges
(9 year terms,
Non-renewable)
Prosecutor
Elected by
Absolute Majority
Presidency
(2 vice presidents)
Registrar
What is the Process in the ICC?
Submission of Cases
1) Security Council
2) Member State
3) Prosecutor
Pre-Trial
Chamber
(1-3 judges)
Warrants, Witnesses
Majority Rule
Prosecutor
Can Appeal
Trial
Chamber
(3 judges)
Majority Rule
Appeals
Court
(5 judges)
Key Provisions of the Rome Statute
Article 5- Crimes Under the Courts Jurisdiction
-Articles 6 –Genocide
-Article 7- Crimes against Humanity
-Article 8- War Crimes
Article 121- Amendments
Article 12- Pre-Conditions to the Exercise of Jurisdiction
Article 22- Nullum Crimen Sine Lege
Important Facts
•No reservations allowed according to Article 120.
•Any country that decides to join the ICC after the deadline must ratify upon it
joining.
•Ad hoc Tribunals are still allowed regardless of the ICC.
•The ICC contrary to the World Court and the International Court of Justice tries
individuals as opposed to states.
•The ICC is an independent body from the UN.
The United States should join the ICC.
34%
Strongly agree
Somewhat agree
Neutral
Somewhat disagree
Strongly disagree
Not Sure
28%
24%
10%
3%
So
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Proposition: “The
United States should join the ICC.”
Arguments in favor:
•As a so called free country where liberty and justice rule, and a promoter of
human rights we have no other course than to accept the invitation to join the
ICC.
•The U.S. should join the ICC because of the powers granted in the Rome
Statute solely to the State Parties to the Treaty.
Arguments against:
•The U.S. should not join because of the jurisdiction of the court provided in
Article 12 – the sovereignty issue.
•“Now then, with the establishment of a prominent International Criminal
Court [ICC] drawing nearer and nearer, the fact that American servicemen
and officials may one day be seized, extradited and prosecuted for war
crimes is growing. And indeed, that day may already have arrived". I]
• The Prosecutor may become politicized by the Parties bringing the “case” to
the Court acting in disfavor of the U.S.
• [i] United States Congress. Committee on Foreign Relations (2000). The International Criminal Court: protecting American servicemen
and officials from the threat of International Prosecution. Washington, DC: U.S. Government Printing Office.
Ad hoc tribunals are ineffective and inefficient.
33%
Strongly agree
Somewhat agree
Neutral
Somewhat disagree
Strongly disagree
Not Sure
23%
17%
10%
10%
So
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Proposition: “Ad hoc tribunals are ineffective and inefficient.”
Arguments in favor:
•There is not a legitimate way to form an ad hoc tribunal.
•Ad hoc tribunals are time consuming and costly.
Arguments against:
•Current ad hoc tribunals have been successful.
•Tribunals have served as a model for the ICC.
The ICC will deter crimes such as genocide,
crimes against humanity, and war crimes.
30%
Strongly agree
Somewhat agree
Neutral
Somewhat disagree
Strongly disagree
Not Sure
23%
7%
7%
So
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30%
Proposition: “
The ICC will deter crimes such as genocide, crimes
against humanity, and war crimes. ”
Arguments in favor:
•Without a supreme authority, theses crimes will go unpunished.
•Once a potential war criminal is aware of the consequences they will reconsider
carrying out their mission
•With the presence of the ICC a potentially dangerous group or mob may attempt
finding a more diplomatic way of resolving their issue.
Arguments against:
•Heinous acts are due to deep rooted hatreds and are inevitable.
•Regardless of law or presence of a supreme justice, one will carry out these crimes
in the name of religion, righteousness, or nobility. The consequences are an
afterthought.
•Crimes are inevitable due to the violent nature of war.