Understanding the ICC

Understanding the International Criminal Court Notes

Established: The ICC was established on 17 July 1998 through the Rome Statute by 120 states.
Purpose: Aimed to prosecute serious crimes of concern to the international community to prevent impunity.
Jurisdiction: ICC prosecutes individuals for genocide, crimes against humanity, war crimes, and aggression. It works as a complement to national courts, only intervening when states are unable or unwilling to prosecute.

Organs of the ICC: Comprises four main organs:
Presidency: Responsible for Court administration and representing it externally.
Chambers: Divided into three divisions - Pre-Trial, Trial, and Appeals, handling various aspects of cases.
Office of the Prosecutor: Conducts investigations and prosecutes offenders.
Registry: Provides administrative support and ensures fairness in proceedings, supporting victims and witnesses.

Genocide: Defined as acts committed with intent to destroy a national, ethnical, racial, or religious group.
Crimes Against Humanity: Acts such as murder, torture, enslavement, and rape as part of a widespread attack against civilians.
War Crimes: Serious violations of the laws applicable in armed conflict, including murder, torture, and targeting civilians.
Aggression: Planning, initiation or execution of acts using armed force against another state violating its sovereignty or independence.

Initiating Investigations: States parties, non-party states, or the UN Security Council can refer situations to the ICC. The Prosecutor can also initiate investigations based on reliable information.
Investigation Process: The Prosecutor collects evidence, including testimonies, and assesses jurisdiction and the validity of the investigations.

Issuing Arrest Warrants: Post-investigation, Pre-Trial Chambers issue warrants based on the Prosecutor's requests, requiring states’ cooperation for enforcement.
Trials: Held in The Hague; suspects are presumed innocent and have rights to fair representation, to present evidence and witness testimonies.

Presumption of Innocence: All individuals are presumed innocent unless proven guilty.
Rights: Right to counsel, fair hearing, and against self-incrimination, among others.

Definition of Victims: Individuals harmed by the crimes under ICC's jurisdiction.
Rights: Rights to legal representation, to present their views in court, and claim reparations regardless of their participation in the proceedings.
Trust Fund for Victims: Established to support victims and fund programs aimed at helping them rebuild their lives after crimes.

Grounds for Appeal: Any party may appeal based on procedural errors, factual or legal mistakes.
Revisions: Possible under certain conditions such as new evidence or misconduct by judges.

Overall Aim: The ICC seeks to uphold justice for the most severe crimes affecting humankind and provides a framework for the international community's commitment to preventing such crimes.
Awareness and Support: Encourages a well-informed public to strengthen respect for international justice and to combat impunity.

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