The Jurisdiction of the ICC: Scope and Challenges E-Book

Heinz Duthel

• Herausgeber: epubli
• Kategorie: Fachliteratur
• Sprache: Englisch
• Veröffentlichungsjahr: 2024

Seitenzahl: 115

Beschreibung

An analysis of the International Criminal Court 's (ICC) competencies and the challenges arising from its international role. The International Criminal Court (ICC) operates under a well-defined jurisdictional framework, primarily governed by the Rome Statute, which outlines the core international crimes it can prosecute: genocide, crimes against humanity, war crimes, and the crime of aggression. This jurisdiction extends only to crimes committed on the territory of a state party or by its nationals, unless a non-state party accepts ICC jurisdiction or the UN Security Council refers a situation to the court. The cases of George W. Bush, Tony Blair, Vladimir Putin, Benjamin Netanyahu. The International Criminal Court is investigating Israeli Prime Minister Netanyahu for possible war crimes. Concern about an arrest warrant is growing in the government. Numerous allegations of war crimes were levied against Israel for its actions against civilians during its 2023 war with Hamas. The UN Independent International Commission of Inquiry on the Occupied Palestinian Territory stated there was "already clear evidence" of war crimes and would share evidence with judicial authorities, including the International Criminal Court's authorities currently investigating war crimes committed in the Occupied Territories. As of 1 February 2024, more than 27,000 Palestinians had been killed by Israel since October 7th, up to two-thirds of whom were women and children. Critics argue the Biden administration of the United States gave tacit approval to Israeli war crimes. "US Threatens International Criminal Court again ". The Jurisdiction of the ICC: Scope and Challenges An Analysis of the ICC's Competencies and the Challenges Arising from its International Role Mission Statement: "Trying individuals for genocide, war crimes, crimes against humanity, and aggression - 'This cause … is the cause of all humanity' - Former United Nations Secretary-General Kofi Annan"

Leseprobe

An analysis of the International Criminal Court 's (ICC) competencies and the challenges arising from its international role.

The International Criminal Court (ICC) operates under a well-defined jurisdictional framework, primarily governed by the Rome Statute, which outlines the core international crimes it can prosecute: genocide, crimes against humanity, war crimes, and the crime of aggression. This jurisdiction extends only to crimes committed on the territory of a state party or by its nationals, unless a non-state party accepts ICC jurisdiction or the UN Security Council refers a situation to the court. The cases of George W. Bush, Tony Blair, Vladimir Putin, Benjamin “Bibi” Netanyahu. The International Criminal Court is investigating Israeli Prime Minister Netanyahu for possible war crimes. Concern about an arrest warrant is growing in the government."US Threatens International Criminal Court ".

Heinz Duthel

The Jurisdiction of the ICC: Scope and Challenges

An Analysis of the ICC's Competencies and the Challenges Arising from its International Role

Mission Statement:

"Trying individuals for genocide, war crimes, crimes against humanity, and aggression - 'This cause … is the cause of all humanity' - Former United Nations Secretary-General Kofi Annan"

Impressum

Bibliografische Information der Deutschen Nationalbibliothek:Die Deutsche Nationalbibliothek verzeichnet diese Publikation in der Deutschen Nationalbibliografie; detaillierte bibliografische Daten sind im Internet über http://dnb.dnb.de abrufbar.

© 2024 Dr. Phil. Heinz Duthel , Oberst a. D. KNU

Lektorat: Attka SAweitere Mitwirkende: Attka.net

ICC Jurisdiction: Scope and Challenges

International Criminal Court Oude Waalsdorperweg 102597 AK, The HagueThe Netherlands

AuthorDr. Phil Heinz Duthel,Consul HC PRA, Uganda,Full Rank Colonel KNU

To become accredited as a legal advisor at the International Criminal Court (ICC), certain requirements must be met and an official accreditation process must be undergone. Here are the basic steps and requirements:

Qualifications:

You must be a qualified lawyer and hold a license to practice law in at least one country.

Demonstrated extensive experience in criminal law and international legal proceedings, especially in the field of human rights and international criminal law.

Application Process:

Lawyers wishing to work before the ICC must register with the ICC and provide proof of their qualifications and experience.

The application typically includes resumes, references, proof of legal licensure, and possibly additional documents that demonstrate legal competence and experience.

List of Counsel:

Upon successful review of the documents, lawyers are included in the List of Counsel, which is approved and recognized by the ICC.

This list comprises lawyers who are authorized to represent suspects or victims before the court.

Continuing Education:

Legal advisors may need to participate in specialized training programs offered by the ICC to familiarize themselves with the specific procedural rules and practices of the court.

Ethics and Standards:

Accredited lawyers must adhere to the ethical standards and codes of conduct of the ICC, which ensure professionalism, impartiality, and respect for the court proceedings.

Renewal of Accreditation:

Accreditation must be renewed regularly, which requires a review of professional activity and compliance with ICC standards.

Accreditation as a legal advisor at the ICC is a rigorous process that ensures only highly qualified and experienced lawyers represent parties in the complex proceedings of the International Criminal Court .

The List of Counsel recognized and approved by the International Criminal Court (ICC) is an official directory of lawyers qualified to represent suspects or victims before the court. This list is regularly updated to reflect the qualifications and availability of legal advisors.

To access the current list of counsel accredited by the ICC, you would need to visit the official website of the International Criminal Court . There, detailed information about the lawyers, their qualifications, and their contact information is typically provided. The website also offers additional information on the accreditation process and the criteria lawyers must meet to be included on the list.

If you need specific information or access to this list, I recommend visiting the ICC's official website directly or contacting their Public Affairs Office, which can provide further assistance.

An Analysis of the ICC's Competencies and the Challenges Arising from Its International Role

Introduction: The Mission of the International Criminal Court

Overview of the establishment, objectives, and fundamental purpose of the ICC.

Historical Context: The Creation of the Rome Statute

The historical events that led to the founding of the ICC in 2002.

Structure of the ICC: Composition and Organization

Detailed presentation of the ICC's institutional structure, including its various departments and their functions.

Jurisdiction and Competence of the ICC

Explanation of the ICC’s jurisdiction, including the types of crimes it prosecutes.

The Relationship Between the ICC and the United Nations

Analysis of the formal and informal relationships between the ICC and the UN.

Legal Foundations: The Rome Statute

An in-depth examination of the legal documents that govern the work of the ICC.

The Role of the Prosecutor and Pre-Trial Proceedings

Discussion on the role of the prosecutor at the ICC and the steps leading to a trial.

The Main Trial: Processes and Procedures

Detailed description of the proceedings during main trials at the ICC.

Defense and Rights of the Accused

Overview of the rights of the accused and the role of defense in ICC proceedings.

Victim Participation and Witness Protection

Exploration of how victims and witnesses are integrated and protected in ICC proceedings.

Judgments and Sentencing at the ICC

Discussion on the types of judgments made by the ICC and the associated penalties.

Appeal Processes and Legal Reviews

Explanation of the appeal processes and the options for legal review of ICC decisions.

The Role of the ICC in International Diplomacy

Analysis of how the ICC influences international relations and diplomatic efforts.

Criticism and Challenges of the ICC

Examination of the main criticisms of the ICC, including allegations of bias and ineffectiveness.

The Future of the ICC: Outlook and Reform Proposals

Discussion of potential developments and improvements in the functioning of the ICC.

Leadership of the International Criminal Court (ICC) - As of May 2024

President:

Tomoko Akane

Nationality: Japan

Term: March 11, 2018, to March 10, 2027

Tomoko Akane took office on March 11, 2018, and will complete her nine-year term in 2027. Before her tenure at the ICC, she served as Ambassador for International Judicial Cooperation in Japan and has extensive experience in various prosecutorial roles within the Japanese justice system.

First Vice-President:

Rosario Salvatore Aitala

Nationality: Italy

Term: Since March 2024

Rosario Salvatore Aitala has an extensive legal career in Italy and internationally, specializing in international criminal law and procedures.

Second Vice-President:

Reine Alapini-Gansou

Nationality: Benin

Term: Since March 2024

Reine Alapini-Gansou is well-known for her in-depth work in human rights and international law, particularly in African contexts.

Prosecutor:

Karim Ahmad Khan

Nationality: United Kingdom

Term: Since June 16, 2021

Karim Ahmad Khan has had a lengthy career as a barrister and specialist in international criminal tribunals, including his work at various UN tribunals.

Registrar:

Osvaldo Zavala Giler

Nationality: Ecuador

Term: Since 2021

Osvaldo Zavala Giler has had a significant career in international legal administration and has been instrumental in promoting judicial reforms in Latin America.

This leadership structure reflects the international composition and the broad legal expertise represented at the ICC. Each of these leaders brings a deep commitment to the principles of international justice and law, which are central to the court's mission.

Introduction: The Mission of the International Criminal Court

Founding of the ICC

The International Criminal Court (ICC) was officially established on July 1, 2002, with the entry into force of the Rome Statute, an international treaty adopted by 120 countries. However, the idea of a permanent International Criminal Court dates back to the early 20th century and was intensely discussed following the Nuremberg and Tokyo trials after World War II. It was not until the late 20th century, after the genocides in Rwanda and the former Yugoslavia, that the call for a permanent international court to prosecute the most serious crimes became more urgent.

Objectives of the ICC

The ICC aims to prosecute the gravest crimes that concern the international community as a whole. These crimes include genocide, crimes against humanity, war crimes, and the crime of aggression. The primary task of the court is to ensure justice is served when national courts are unwilling or unable to take on this role themselves.

Fundamental Purpose of the ICC

The fundamental purpose of the ICC is to end impunity and thus contribute to the prevention of these most serious crimes. The court stands for the principle that no one is above the law and symbolizes the international community's commitment to justice for victims and accountability for perpetrators. Through its work, the ICC also serves as a deterrent, discouraging future offenders from committing crimes.

Significance of the ICC

The existence and activities of the ICC are crucial for the development of international law and the promotion of human rights. The court serves as a central mechanism for enforcing international norms and contributes to strengthening global legal awareness. Moreover, the ICC provides a platform for victims and their families to seek justice and have a voice in a process often dominated by national interests.

Challenges and Future of the ICC

Despite its important role, the ICC faces numerous challenges, including political interference, limitations of its jurisdiction by non-member states, and the difficulty of achieving international consensus on its functions and methods. The future of the ICC depends on how effectively it can maintain its independence, improve cooperation with nations, and assert itself as a fair and effective institution.

The mission of the ICC remains a fundamental pillar in the architecture of international relations and the global legal system, aiming to foster enduring and universal justice.

Historical Context: The Development of the Rome Statute

Fundamental Events and Development

The idea of a permanent international court to prosecute war crimes and other serious offenses has its roots in proposals and discussions that emerged during the Hague Peace Conferences of 1899 and 1907. The real urgency and concrete need for such a court became apparent only after World War II with the Nuremberg and Tokyo trials, where state leaders were held accountable for their war crimes for the first time.

The Founding of the Rome Statute

The Rome Statute, the founding document of the International Criminal Court (ICC), was adopted on July 17, 1998, at a diplomatic conference of the United Nations in Rome. The Statute came into force on July 1, 2002, after being ratified by 60 countries, which was the necessary threshold for the Statute's entry into force.

Founding States and Signatories

The initial signatory states were predominantly European countries, but states from other continents were also involved. Germany, France, Italy, as well as many African and Latin American states, were among the early supporters of the Statute. The United States, China, and Russia, three permanent members of the UN Security Council, however, have not ratified the Statute.

Rationale for Creating the ICC

The rationale for creating the ICC was the need to establish a permanent institution capable of prosecuting the most serious crimes such as genocide, war crimes, and crimes against humanity. These crimes were seen as so grave that they pose a threat to international peace and security and thus go beyond national jurisdictions.

Significance of the Rome Statute

The Rome Statute is of great historical and legal significance as it is the first legally binding international agreement that establishes a permanent International Criminal Court . It meticulously defines the crimes that fall under the court's jurisdiction and outlines mechanisms for international cooperation. The Statute also ensures that the ICC only intervenes when national courts are incapable or unwilling to act themselves.

Long-Term Impact

The establishment of the ICC marks a turning point in the enforcement of international law and human rights. It establishes a permanent institution aimed at seeking justice for victims and combating the impunity often prevalent in conflicts and severe human rights violations. This contributes to strengthening the concept of universal jurisdiction and promotes the development of international law and norms.

Jurisdiction and Competence of the ICC

The International Criminal Court (ICC) operates under a well-defined jurisdictional framework primarily mandated by its founding treaty, the Rome Statute. Understanding the scope of this jurisdiction and the categories of crimes it addresses is essential for grasping the court's global legal influence.

Scope of Jurisdiction

The ICC’s jurisdiction is limited to four principal international crimes:

Genocide: Acts committed with intent to destroy, in whole or in part, a national, ethnical, racial, or religious group.

Crimes Against Humanity: Widespread or systematic attacks knowingly directed against any civilian population.

War Crimes: Grave breaches of the Geneva Conventions and other serious violations of the laws and customs applicable in international armed conflict, and in conflicts "not of an international character".

Crime of Aggression: Acts of aggression which by their character, gravity, and scale, constitute a manifest violation of the Charter of the United Nations.

Who Can Be Prosecuted?

The ICC is designed to prosecute individuals, not states or organizations. It can bring charges against heads of state, government officials, military personnel, and other individuals who are believed to have committed the crimes listed above. The key aspect of ICC prosecution is that it targets persons in positions of power who either commit or order the commission of these crimes.

Issuance of Arrest Warrants

The ICC can issue arrest warrants for individuals who are charged with international crimes under its jurisdiction. These warrants are issued based on evidence and are typically enforced by international cooperation. For an arrest warrant to be issued, there must be sufficient evidence to establish "reasonable grounds to believe" that the person has committed the crime in question.

Hypothetical Examples: High-Profile Leaders

Vladimir Putin: If hypothetically, the ICC were to investigate and prosecute Vladimir Putin, it would be under allegations such as the crime of aggression or war crimes, assuming that the actions fit the definitions under the Rome Statute. However, Russia is not a member of the ICC, complicating matters of jurisdiction and enforcement unless the situation were referred to the ICC by the United Nations Security Council.