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Background

Background. International Criminal Court Established in 1998 Started operating on 1 July 2002 Ratified by 60 states 18 Judges Independent Organisation , not linked to UN In 2011, 108 states had ratified the Rome Statute. Location.

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  1. Background International Criminal Court Established in 1998 Started operating on 1 July 2002 Ratified by 60 states 18 Judges Independent Organisation, not linked to UN In 2011, 108 states had ratified the Rome Statute.
  2. Location
  3. Green = signed and ratifiedOrange = signed but not ratified
  4. Aims Ensure the worse perpetrators are held accountable for their crimes. Serve as a court of last resort that can investigate, prosecute and punish the perpetrators of genocide, crimes against humanity and war crimes. Assist national judiciaries in investigating and prosecuting the worse perpetrators, allowing states to be the first to investigate and prosecute. Help promote international peace and security by deterring future would-be perpetrators.
  5. How does it work? Initiate proceedings: Prosecutor State Party UN Security Council Three judges, two must agree for conviction Only crimes committed since 1 July 2002
  6. What are ‘international’ crimes? No single agreed definition Pragmatic definition: Offences over which the international criminal tribunals have to date been given jurisdiction under general international law To be distinguished from transnational crimes: crimes with actual or potential trans-border effects Justification: protecting values fundamental to international order and addressing conduct so egregious it offends our shared humanity
  7. Crimes dealt with by the Court Genocide Crimes against Humanity War Crimes Aggression*
  8. Juristiction TEMPORAL: The crime occurred after 1 July 2002 (or if a state joins the Rome Statute later, the date the Statute comes into force for that state) and TERRITORIAL: The crime occurred on the territory of a state party or PERSONAL: The person accused of the crime is a national of a state party or REFERRAL: The Security Council has referred the matter under its Chapter VII Charter powers
  9. Admissability Based on the principle of complementarity Inadmissible, unless It is not being dealt with by a state, or The state dealing, or that has dealt, with the case is unwilling or unable to do so genuinely, and The case is of sufficient gravity to warrant an international prosecution
  10. Goals Retribution Deterrence Incapacitation Rehabilitation End to impunity Historical record Giving a voice and justice to victims Peace, security and reconciliation Expressive Purpose/Education/Didactic See e.g. MirjanDamaska, ‘What is the Point of International Criminal Justice?’ (2008) 83 Chicago-Kent Law Review 329-365
  11. Does it work? Voluntary basis. Example: Sudan – President Omar Al Bashir once said that the ICC was “a mosquito in the ear of an elephant” Willingness of states to comply.
  12. Stats to date Arrest warrants issued for 27 individuals 8 people in detention
  13. Case Study Thomas LubangaDyilo Democratic Republic of the Congo (DRC) Rebels under his command accused of massive human rights violations Ethnic massacres Murder Torture Rape Mutilation Forcible conscription of Child Soldiers
  14. Case Study 17 March 2006 Lubanga was first person ever arrested under warrant issued by ICC. Trial began 26 Jan 2009. Guilty – conviction. BUT he is appealing the conviction.
  15. Activity Identify some of the strengths and weaknesses of the way the ICC operates.
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