Understanding the ICC

This flashcard set covers key concepts, functions, and legal aspects of the International Criminal Court as presented in the lecture notes.

What is the International Criminal Court?

The International Criminal Court (ICC) is a permanent international court established to investigate, prosecute and try individuals accused of committing serious crimes of concern to the international community, such as genocide, crimes against humanity, war crimes, and the crime of aggression.

When was the Rome Statute adopted?

The Rome Statute was adopted on 17 July 1998, establishing the International Criminal Court.

What is the primary mission of the ICC?

The primary mission of the ICC is to end impunity for perpetrators of the most serious crimes and to contribute to the prevention of such crimes.

Which types of crimes fall under the jurisdiction of the ICC?

The types of crimes that fall under the jurisdiction of the ICC include genocide, war crimes, crimes against humanity, and the crime of aggression.

What is the principle of complementarity in relation to the ICC?

The principle of complementarity states that the ICC can only intervene when national courts are unable or unwilling to genuinely carry out investigations or prosecutions.

Who can be prosecuted before the ICC?

The ICC prosecutes individuals, not groups or states.

What rights do suspects have in ICC proceedings?

Suspects are presumed innocent, have the right to a fair and public trial, the right to legal representation, the right to present evidence, and the right to be informed of the charges against them.

How are judges elected to the ICC?

Judges of the ICC are elected by the Assembly of States Parties based on their legal qualifications and relevant experience in international law and criminal law.

What is the role of the Office of the Prosecutor?

The Office of the Prosecutor is responsible for receiving and analyzing information about situations or alleged crimes, determining if there is a reasonable basis to initiate investigations, and prosecuting cases before the Court.

Can the ICC try children?

No, the ICC has no jurisdiction over individuals who were under the age of 18 at the time the crimes were committed.

What is the status of victims in ICC proceedings?

Victims have the right to participate in proceedings, present their views, seek reparations, and engage with the legal process through legal representation.

What happens after a person is arrested under an ICC warrant?

The arrested person is promptly brought before the competent judicial authority to verify the legitimacy of the arrest and to ensure their rights are respected.

Does the ICC have its own police force?

No, the ICC relies on state cooperation to enforce its arrest warrants and execute its orders.

What protective measures are available for witnesses at the ICC?

The ICC offers various protective measures, including anonymity, face distortion, and safe relocation for witnesses who may be at risk due to their testimony.

What penalties can the ICC impose on convicted persons?

The ICC can impose prison sentences, fines, or forfeiture of assets, but cannot impose the death penalty.

How can victims seek reparations from the ICC?

Victims can seek reparations through applications to the Court following a conviction, which may include compensation, restitution, rehabilitation, or other symbolic measures.

What is the role of the Trust Fund for Victims?

The Trust Fund for Victims provides support to victims of crimes under the ICC's jurisdiction and their families, helping them rebuild their lives and recover from their experiences.