International Criminal Court Cour Pnale Internationale

Mohamed Thaj Mohan Singh Basnet

Myat Nyi Nyi Win

Philip Sabena Sambou

From Nuremberg to Rome

1948

Aggressive War, War Crimes, Crimes against Peace Crimes against Humanity

International Criminal Court

Poster Courtesy of AI (2000).

The Need For An International Criminal Court

The History

International Law Commission (ILC)

Ad hoc Tribunals
PrepCom

The International Criminal Court

Meeting of 160 countries to adopt the Rome Treaty, 17 July 1998.

Photo Courtesy of Benjamin Ferencz

Entry Into Force

April 11, 2002 60th Ratification

139 signatories

120 States Parties

Photo courtesy: UN legal Affairs

The Rome Statute

Entered into force on 1 July 2002
Article 11:

(1) The Court has jurisdiction only with respect to crimes committed after the entry into force of this Statute.

(2) If a State becomes a Party to this Statute after its entry into force, the Court may exercise its jurisdiction only with respect to crimes committed after the entry into force of this Statute for that State, unless that State has made a declaration under article 12, paragraph 3

Importance of ICC
Deter future war criminals Promote universal justice End impunity Help end conflicts Remedy deficiencies of ad hoc tribunals

Complement national judicial systems

The Structure
Assembly of States ICC

Presidency

Registry

Judicial Divisions Other Offices

Office of the Prosecutor

The ICC Funding

Million Euros Sales, Japan, 19.90, 22% Sales, Canada, Australia, New Zealand, 6.80, 8% Sales, EU , 51.90, 57% Sales, Latin America, Carribbean , 5.40, 6% Sales, Rest of Asia, 3.00, 3% Sales, Rest of Europe, 2.90, 3% Sales, , 0.60, 1%

Exercise of Jurisdiction
Not a substitute of national courts Intervene only where a State is unable or unwilling genuinely to carry out the investigation and prosecute the perpetrators Can exercise jurisdiction to States which are the Parties of the Rome Statute The alleged perpetrator should be a national of the State Party Crime committed in the territory of the State Party A State not Party to the Statute may decide to accept ICC The Security Council, acting under Chapter VII of the United Nations Charter, refers a situation refers to the prosecutor

Exercise of Jurisdiction
Has jurisdiction only with respect to the events which occurs after entry into force of its statue on 1st July 2002

Prosecutes Individuals No one is exempted No amnesty

Crimes within the jurisdiction

Article 5

Decision to be taken on 1st January `17

http://www.un.org/law/icc/index.html

The ICC Procedure

When requested for investigation Pre-Trial The prosecutor determines the jurisdiction Notify the concerned States of his intention to initiate an investigation Sending investigators to Collects the evidences (information providers : individuals, intergovernmental or nongovernmental organizations, or any other reliable sources) At The request of the Prosecutor , Pre-Trial Chamber may issue a warrant of arrest or summons Hearing

The ICC Procedure

The Trial Chamber The prosecutors must prove the guilt of the suspect Suspects are presumed innocent and given rights

If found guilty, Judge may impose A prison sentence with added fine or forfeiture
Cannot impose a death sentence Maximum 30 yrs In extreme cases , life imprisonment

The ICC Procedure

The Appeals Chamber Both by convicted person or prosecutor The Chamber may reverse or amend the decision

Victim of unlawful arrest or detention has a right to compensation

Situations and Cases

14 cases in 7 situations
Georgia

Libya
Cte dIvoire Guinea Nigeria Venezuela CAR

Iraq Afghanistan Darfur, Sudan Kenya Uganda

South Korea

Honduras Colombia

DR Congo

Situations and Cases

19 Arrest Warrants 6 Arrests

9 Summons to appear
At large: 10 Suspects

International Cooperation
State Parties

Non State Parties Non-Governmental Organizations

International Organizations

Cour Pnale Internationale International Criminal Court

Thank You

Any Questions