The International Criminal Court (ICC)

The International Criminal Court (ICC)

Part 1: Purpose and Structure

• The core purpose of the ICC is to prosecute individuals for committing the "most serious crimes of concern to the international community as a whole."
• These crimes include:
  • Genocide
  • Crimes against humanity
  • War Crimes
  • Aggression

Don't get confused…

• International Criminal Court:
  • An independent international criminal court.
  • Hears cases involving individuals.
• International Court of Justice:
  • Primary judicial organ of the United Nations.
  • Hears cases about disputes between states.

Structure

The ICC's structure includes the following:

• Assembly of State Parties
• Presidency
• Judicial Divisions
  • Pre-Trial
  • Trial
  • Appeals
• Office of the Prosecutor
• Registry
• Trust Fund for Victims

Weaknesses

• The ICC was established by treaties (agreements signed and ratified by member states).
• There is an absence of enforcement mechanisms to support judgements, beyond the voluntary adherence by its members.
• There is no international government or police force.

Part 2: Cases and Prosecutions

Cases

• Situations & Cases | International Criminal Court Project (aba-icc.org)

Pause for thought…

• As the ICC approaches its 20th year anniversary, there are some important questions being asked.
  • What questions do you have about the court, its purpose, structure and effectiveness?
  • Can enforcement mechanisms be strengthened? How?
  • How can cooperation with states and other regional and international organisations be improved?
  • There are many atrocity around the world - how should the court prioritise its work?

Independent Expert Review 2020

• The ICC has been undergoing an Independent Expert Review of its policies, procedures and functionality - the findings were published in 2020.
• The aim of the review was to identify ways to strengthen the ICC and the Rome Statute system in order to promote universal recognition of their central role in the global fight against impunity and enhance their overall functioning'.
• In total there were over 300 recommendations to the ICC by the experts who undertook the review. These ranged from issues about governance, staffing and operational and administrative functions.

Structure

The ICC's structure includes the following:

• Assembly of State Parties
• Presidency
• Judicial Divisions
  • Pre-Trial
  • Trial
  • Appeals
• Office of the Prosecutor
• Registry
• Trust Fund for Victims

Explain one trail prosecuted by the ICC.