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THE INTERNATIONAL CRIMINAL COURT. What it is and how it works. 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. What it is: special features.
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THE INTERNATIONAL CRIMINAL COURT What it is and how it works
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
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
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 How it works
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