The International Criminal Court

A series of practice flashcards on the key concepts and information regarding the International Criminal Court (ICC) based on the lecture notes.

What is the International Criminal Court (ICC)?

A court established to prosecute individuals for crimes such as genocide, war crimes, and crimes against humanity.

When was the ICC established?

July 1, 2002.

What are the four main crimes the ICC can prosecute?

Genocide, Crimes Against Humanity, War Crimes, Crimes of Aggression.

Which country first proposed the idea of an international criminal court?

Trinidad and Tobago in 1989.

What is the role of the Assembly of States Parties in the ICC?

They govern the ICC, elect officials, approve the budget, and can impeach judges or prosecutors.

What significant event prompted the revival of the idea of a world court?

World War II.

What was the outcome of the Rome Conference in 1998?

The Rome Treaty was approved by a vote of 120-7-21.

What is meant by 'complementary' jurisdiction in the ICC?

The ICC serves as a court of last resort when national courts are unable or unwilling to prosecute.

Name one significant figure who has been indicted by the ICC.

Joseph Kony, Omar al-Bashir, or Vladimir Putin.

What unique feature does the ICC provide for victims?

Victims can present their views and request reparations during the proceedings.

How does the ICC trigger its jurisdiction?

Through referrals by state parties, the UN Security Council, or an ICC prosecutor acting on their own.

Why was the ICC criticized regarding its focus on Africa?

It was accused of being biased against African states and acting as a tool of Western imperialism.

What are the three conditions for the ICC to have jurisdiction over a case?

What crime was committed, when it was committed, and where or by whom it was committed.

What is Article 70 in the ICC context?

It criminalizes intentional acts that interfere with investigations and proceedings of the court.

What powers does the Office of the Prosecutor (OTP) hold?

The OTP prosecutes cases and can issue policy papers outlining case criteria.

Who oversees the ICC's judicial functions?

The Presidency and the judges divided into three separate chambers.

What is meant by 'in camera' proceedings?

Private court sessions that are not open to the public.

What rights do defendants have under the Rome Statute?

The right to be informed of charges, to have a lawyer, and to a speedy trial, among others.

How does the ICC handle cases involving individuals from non-party states?

It can prosecute cases from non-party states if the UNSC refers the case.

What is the principle of complementarity in ICC proceedings?

The ICC only intervenes when national courts are unwilling or unable to prosecute.

What are some criticisms regarding the resources provided by the Office of Public Counsel for the Defence (OPCD)?

Defendants claim insufficient resources and slow communication on witness statements.

What stance did the Trump administration take on the ICC?

It was openly hostile, threatened ICC officials, and sanctioned them due to investigations into US military war crimes.