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Questions and Answers
What crimes fall within the jurisdiction of the International Criminal Court?
What crimes fall within the jurisdiction of the International Criminal Court?
Does the International Criminal Court have jurisdiction over heads of state and government?
Does the International Criminal Court have jurisdiction over heads of state and government?
Under what principles does the International Criminal Court operate?
Under what principles does the International Criminal Court operate?
What is the primary avenue for prosecuting international crimes according to the principles under which the ICC operates?
What is the primary avenue for prosecuting international crimes according to the principles under which the ICC operates?
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What was the ICC established by?
What was the ICC established by?
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Which type of crimes is considered the most serious under the jurisdiction of the International Criminal Court?
Which type of crimes is considered the most serious under the jurisdiction of the International Criminal Court?
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What actions fall under the category of crimes against humanity?
What actions fall under the category of crimes against humanity?
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Under what circumstances can the International Criminal Court (ICC) issue arrest warrants?
Under what circumstances can the International Criminal Court (ICC) issue arrest warrants?
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What is a key aspect of the legal procedures at the ICC during trials?
What is a key aspect of the legal procedures at the ICC during trials?
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Which of the following is considered a war crime according to international humanitarian law?
Which of the following is considered a war crime according to international humanitarian law?
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What is a distinguishing factor of genocide as compared to other crimes mentioned?
What is a distinguishing factor of genocide as compared to other crimes mentioned?
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What led to the establishment of an alternative mechanism called the African Court of Justice and Human Rights?
What led to the establishment of an alternative mechanism called the African Court of Justice and Human Rights?
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Study Notes
The International Criminal Court (ICC): Jurisdiction, Crimes, Legal Procedures, and Global Positions
Introduction
The International Criminal Court (ICC) is the world's first permanent international criminal tribunal tasked with trying individuals accused of the most heinous crimes of concern to the international community: genocide, war crimes, crimes against humanity, and the crime of aggression (ICC, n.d.). Established in 2002 by the Rome Statute, the ICC operates under the principles of complementarity and subsidiarity, ensuring that national criminal jurisdictions remain the primary avenue for prosecuting international crimes while the ICC serves as a court of last resort when necessary ((https://www.icc-cpi.int/about/the-court)).
Jurisdiction
The ICC's jurisdiction is limited to the most serious crimes of concern to the international community. It does not have the power to exercise its jurisdiction over political leaders wishing to enjoy immunity, heads of state and government, or against a State unless that State has accepted the Court's jurisdiction (ICC, n.d.). The Rome Statute defines four core crimes within the ICC's jurisdiction:
- Genocide: Actions directed towards destroying a national, ethnic, racial, or religious group in whole or part by inflicting death, bodily harm, mental suffering, conditions calculated to cause physical destruction, imposing measures intending to prevent births, and enforced transfer of children ((https://www.icc-cpi.int/about/how-the-court-works)).
- Crimes Against Humanity: Acts committed as part of a widespread or systematic attack on civilians, including murder, extermination, enslavement, deportation, imprisonment, torture, rape, sexual violence, persecution, enforced disappearance, apartheid, and other inhumane acts causing great suffering or injury ((https://www.icc-cpi.int/about/how-the-court-works)).
- War Crimes: Violations of international humanitarian law during armed conflicts, such as wilful killing, torture, sexual violence, pillaging, and intentionally directing attacks against protected civilian populations ((https://www.un.org/en/genocideprevention/war-crimes.shtml)).
- The Crime of Aggression: Planning, preparation, initiation, or execution of acts of aggression by a State against another State (ICC, n.d.).
Legal Procedures at the ICC
Once an investigation is initiated, the Office of the Prosecutor determines whether there is sufficient evidence to proceed with charges. If so, the accused is summoned to appear before the Court, and if they fail to comply, the Court may issue arrest warrants. Trials are conducted according to international law, with the defendant having the right to legal representation. Judgements are based on testimony, witness statements, documentary evidence, and arguments presented by the prosecution and defence (ICC, n.d.).
UN and African Positions Regarding the ICC
The United Nations (UN) has been instrumental in establishing the ICC and encourages cooperation from member states to ensure the success of the court. Article 103 of the UN Charter stipulates that any treaty obligations of UN Member States override conflicting domestic legislation, thus encouraging compliance with ICC proceedings (United Nations, n.d.).
The African continent initially adopted a mixed stance towards the ICC due to concerns about uneven application of justice and intervention in the internal affairs of sovereign nations (African Union, 2004). Following the withdrawal of several African countries from the ICC and the establishment of an alternative mechanism called the African Court of Justice and Human Rights, there remains tension regarding the balance between international accountability and respect for state sovereignty (Deen, 2020).
In conclusion, the International Criminal Court plays a pivotal role in holding individuals accountable for committing the gravest crimes of concern to the international community. Its jurisdiction includes genocide, war crimes, crimes against humanity, and the crime of aggression, and its legal procedures adhere to international standards. While the UN supports the Court's efforts, the position of the African Union remains nuanced, balancing the desire for international accountability with concerns about sovereignty.
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Description
Test your knowledge on the International Criminal Court (ICC) by exploring its jurisdiction over genocide, war crimes, crimes against humanity, and the crime of aggression. Learn about the legal procedures followed at the ICC and understand the global positions held by the United Nations and African Union towards the Court.
