International Criminal Tribunals Quiz

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Questions and Answers

Which resolution established the International Criminal Tribunal for Rwanda (ICTR)?

  • Resolution 1000
  • Resolution 800
  • Resolution 955 (correct)
  • Resolution 827

What was the primary legal basis for the establishment of the ICTR?

  • Chapter VI of the United Nations Charter
  • Rome Statute
  • Chapter VII of the United Nations Charter (correct)
  • International Humanitarian Law

In which location was the ICTY based?

  • Nairobi
  • The Hague (correct)
  • Arusha
  • New York

Which tribunal is known for the first conviction for genocide in history?

<p>ICTR (A)</p> Signup and view all the answers

What distinguishes the ICTY and ICTR from historical military tribunals like Nuremberg?

<p>They were established by the UN rather than being 'justice of the victors.' (D)</p> Signup and view all the answers

What is a key characteristic of Internationalised Domestic Tribunals?

<p>They are established based on bilateral agreements with the UN. (B)</p> Signup and view all the answers

Which of the following describes a mechanism of Transitional Justice?

<p>Truth commissions to explore past injustices. (C)</p> Signup and view all the answers

How many individuals were indicted by the ICTR?

<p>93 (C)</p> Signup and view all the answers

What is the principle that prohibits punishing a person twice for the same crime?

<p>Ne bis in idem Principle (D)</p> Signup and view all the answers

What does the territorial principle of jurisdiction entail?

<p>Jurisdiction over crimes committed within a state's territory (D)</p> Signup and view all the answers

Which principle grants jurisdiction based on the nationality of the offender?

<p>Nationality Principle (B)</p> Signup and view all the answers

What is a risk associated with transnational crimes that can lead to unfair advantages for the offender?

<p>Forum Shopping (D)</p> Signup and view all the answers

What principle allows states to exercise jurisdiction over specific offenses regardless of where they occur?

<p>Universality Principle (B)</p> Signup and view all the answers

What sub-principle under the protective principle involves state jurisdiction based on the victim's nationality?

<p>Passive Personality Principle (D)</p> Signup and view all the answers

What is a key consideration in establishing a meaningful link to a country for jurisdiction purposes?

<p>The nature of the crime (C)</p> Signup and view all the answers

Which of the following is NOT considered a principle of jurisdiction?

<p>Environmental Principle (B)</p> Signup and view all the answers

What was the primary aim of the Nuremberg Trials that began on 20 November 1945?

<p>To prosecute major war criminals for crimes against humanity (D)</p> Signup and view all the answers

Which of the following roles did the four Allied countries play in the Nuremberg Trials?

<p>Each country provided a judge and a prosecutor (C)</p> Signup and view all the answers

What kind of sentences were imposed during the Nuremberg Trials?

<p>A mix of death sentences, life imprisonment, and prison terms (D)</p> Signup and view all the answers

What controversial issue was raised regarding the legality of the trials?

<p>Violation of non-retroactivity of laws (B)</p> Signup and view all the answers

What does Radbruch’s formula imply regarding unjust laws?

<p>Unjust laws lose their legal character when extremely unjust (D)</p> Signup and view all the answers

What principle was established concerning individual criminal responsibility during the Nuremberg Trials?

<p>Individual responsibility applies even if local laws were not violated (A)</p> Signup and view all the answers

What key achievement arose from the Nuremberg Trials?

<p>Integration of human rights violations into international law (B)</p> Signup and view all the answers

Which of the following statements best reflects the international response to the prosecution at the Nuremberg Trials?

<p>The trials raised questions of victor's justice (C)</p> Signup and view all the answers

What is the main purpose of the Statute of the International Criminal Court?

<p>To codify international crimes and principles of criminal law (C)</p> Signup and view all the answers

Which of the following sentences best describes the composition of the International Criminal Court judges?

<p>Judges must be from different states party to the Rome Statute. (C)</p> Signup and view all the answers

What is the jurisdictional limitation regarding the types of crimes handled by the International Criminal Court?

<p>The Court is limited to the most serious crimes of international concern. (C)</p> Signup and view all the answers

What is required for the International Criminal Court to have jurisdiction over a crime?

<p>The crime must have been committed after the Statute's entry into force. (B)</p> Signup and view all the answers

What does the term 'non-retroactivity' in the context of the ICC imply?

<p>The ICC cannot prosecute crimes that occurred before the Statute's entry into force. (A)</p> Signup and view all the answers

Which of the following statements accurately reflects the membership of the ICC?

<p>The most powerful states are generally not members of the ICC. (B)</p> Signup and view all the answers

How long is the term for judges of the International Criminal Court?

<p>9 years (C)</p> Signup and view all the answers

Which principle is enshrined in Article 22 of the ICC Statute regarding criminal responsibility?

<p>Nullum crimen, nulla poena sine lege is a guiding principle. (C)</p> Signup and view all the answers

What is the primary action a State Party can take regarding crimes within the jurisdiction of the Court?

<p>Refer a situation to the Prosecutor for investigation. (D)</p> Signup and view all the answers

Which article allows the Prosecutor to initiate investigations on their own initiative?

<p>Article 15 (A)</p> Signup and view all the answers

What must a State Party provide when referring a situation to the Prosecutor?

<p>Supporting documentation and relevant circumstances. (A)</p> Signup and view all the answers

What does the Prosecutor analyze before deciding to initiate an investigation?

<p>The seriousness of the information received. (C)</p> Signup and view all the answers

What may victims do in relation to the request for authorization of an investigation?

<p>Make representations to the Pre-Trial Chamber. (B)</p> Signup and view all the answers

Under what condition will the Pre-Trial Chamber authorize the commencement of an investigation?

<p>If the case appears to fall within the jurisdiction of the Court. (C)</p> Signup and view all the answers

What can the Prosecutor seek in order to analyze the seriousness of information received?

<p>Additional information from various reliable sources. (D)</p> Signup and view all the answers

What action can be taken if the Pre-Trial Chamber does not find a reasonable basis for proceeding with an investigation?

<p>The Prosecutor may close the investigation. (C)</p> Signup and view all the answers

What can prompt the Prosecutor to reassess a case after a refusal by the Pre-Trial Chamber?

<p>New facts or evidence regarding the same situation (D)</p> Signup and view all the answers

Under what circumstances can the ICC exercise jurisdiction on a crime referred by the UN Security Council?

<p>If the referral is made under Chapter VII of the UN Charter (B)</p> Signup and view all the answers

What does the principle of complementarity dictate concerning the jurisdiction of the ICC?

<p>States have primary jurisdiction unless they are unwilling or unable to prosecute (B)</p> Signup and view all the answers

What constitutes a situation where a State may be deemed 'unwilling' to investigate or prosecute?

<p>National proceedings are delayed unjustifiably (C)</p> Signup and view all the answers

Which of the following is indicative of a State being deemed 'unable' to investigate or prosecute?

<p>Total collapse of the national judicial system (A)</p> Signup and view all the answers

What is a primary aim of the principle of complementarity within the framework of the ICC?

<p>To balance State sovereignty with the need for accountability (D)</p> Signup and view all the answers

What may indicate that national proceedings are designed to shield an individual from criminal responsibility?

<p>Conducting proceedings that lack independence and impartiality (D)</p> Signup and view all the answers

What defines a situation where the Prosecutor must inform those who provided information after a preliminary examination?

<p>When there is no reasonable basis for an investigation (C)</p> Signup and view all the answers

Flashcards

Versailles Treaty (Article 227)

The attempt to prosecute Kaiser Wilhelm II for war crimes following WWI, as established by the Treaty of Versailles.

Leipzig Trials

A series of trials held in Leipzig after WWI, which sought to try German individuals for war crimes. Unlike the Versailles Treaty, which attempted to prosecute the Kaiser, Leipzig focused on individuals.

Nuremberg Trials

A major international tribunal established in Nuremberg, Germany, after WWII. It tried high-ranking Nazi officials for war crimes, crimes against humanity, and crimes against peace.

Charter of the International Military Tribunal (IMT)

The legal document that defined the structure and procedures of the Nuremberg Trials. It outlined crimes to be prosecuted and principles of individual responsibility.

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Crimes against humanity

One of the core charges at the Nuremberg Trials, referring to crimes committed against individuals, including murder, enslavement, persecution, and deportation.

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Individual criminal responsibility

A legal principle that holds individuals responsible for their actions, regardless of their position within a hierarchy. Used in the Nuremberg Trials to hold Nazi officials accountable.

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Non-retroactivity

A legal concept that states that laws cannot be applied retroactively. It was raised as a potential challenge to the Nuremberg Trials, as the crimes prosecuted were not explicitly illegal at the time they were committed.

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Radbruch's formula

A legal principle developed by Gustav Radbruch, which suggests that extremely unjust laws lose their legal character. This principle helped justify the Nuremberg Trials, despite the argument of non-retroactivity.

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Territorial Principle

The principle that a state has authority to prosecute crimes committed within its borders.

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Nationality Principle

The principle that a state has jurisdiction over its own nationals, regardless of where the crime occurs.

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Protective Principle

A state can exercise jurisdiction over crimes that harm its vital interests, such as national security.

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Passive Personality Principle

A state can prosecute crimes against its nationals, even if committed abroad.

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Universality Principle

A state can prosecute certain crimes, such as genocide, regardless of where the crime occurred or the perpetrator's nationality.

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Ne Bis in Idem

The principle that a person cannot be tried twice for the same crime.

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Forum Shopping

The practice of choosing the jurisdiction most favorable to the accused.

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Meaningful Link

A state must demonstrate a meaningful connection to a crime to exercise jurisdiction.

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What is the ICTR?

Established by the UN Security Council in 1994, the ICTR is a tribunal responsible for prosecuting individuals accused of genocide and other serious violations of international law during the Rwandan genocide in 1994.

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Where was the ICTR located and when was it active?

The ICTR was based in Arusha, Tanzania, and operated from 1995 to 2015. It indicted 93 individuals and convicted 62.

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What is the legal basis for the establishment of the ICTR?

The ICTR's legal basis stems from Chapter VII of the UN Charter, which authorizes the UN Security Council to take action in cases of threats to international peace and security.

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Who was Akayesu and what was the significance of his case?

Akayesu's conviction by the ICTR marked a historical turning point. His case marked the first conviction for genocide by an international court.

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How is the ICTR similar and different from the ICTY?

Similar to ICTY, the ICTR was an ad hoc tribunal created to address a specific conflict, but with a key difference: It dealt with pre-existing principles of individual responsibility and codified international crimes.

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What are Internationalised Domestic Tribunals?

Internationalised Domestic Tribunals combine international and national justice mechanisms to address crimes. Examples include the Special Court for Sierra Leone and the Extraordinary Chambers in the Courts of Cambodia.

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What is Transitional Justice?

Transitional justice mechanisms refer to various approaches aimed at addressing the aftermath of a conflict or period of repression. They encompass legal and non-legal actions such as truth commissions, reparations, and memorial sites.

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What is the role of the ICTR in Transitional Justice?

The ICTR was a notable component of transitional justice in Rwanda. Its focus on punishment, while important, is just one aspect. Other mechanisms like truth commissions, reparations, and memorial sites contribute to the overall process of addressing past violations.

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How was the ICC established?

The ICC was established by the Rome Statute of the International Criminal Court, a treaty signed in 1998 and entered into force in 2002.

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What is the ICC's temporal jurisdiction?

The ICC's jurisdiction is limited to crimes committed after the Rome Statute entered into force. This means that the court cannot prosecute crimes that occurred before this date.

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What is the ICC's territorial jurisdiction?

The ICC's jurisdiction applies only to crimes committed in the territories of member states or by citizens of member states. This means the court cannot prosecute individuals from non-member states for crimes committed outside of member states.

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What is the ICC's complementarity principle?

The ICC has the capacity to investigate and prosecute individuals for crimes within its jurisdiction, even when national courts are unwilling or unable to do so. This is known as complementarity.

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What are the four categories of crimes under ICC jurisdiction?

The ICC's jurisdiction is limited to the most serious crimes of concern to the international community. These crimes fall under four categories: genocide, crimes against humanity, war crimes, and the crime of aggression.

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How is the International Criminal Court structured?

The composition of the ICC includes 18 judges, each serving a nine-year term and representing different member states. The judges must be persons of high moral character, impartiality, and integrity, possessing the qualifications required for the highest judicial offices in their respective countries.

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What is the ICC's location and role?

The ICC's location is in The Hague, Netherlands. It functions as a permanent court with the capacity to prosecute individuals for crimes within its jurisdiction. It is not a universal court but rather a court with jurisdiction over signatory members, with its authority resting on the Rome Statute.

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State Party Referral

A State Party can formally request the ICC Prosecutor to investigate a situation where crimes within the court's jurisdiction might have been committed.

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Prosecutor's Motu Proprio

The Prosecutor can initiate an investigation on their own initiative, based on information received about possible crimes within the ICC's jurisdiction.

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Prosecutor's Investigation Initiation

The Prosecutor gathers evidence, analyzes its seriousness, and seeks additional information before submitting a request to the Pre-Trial Chamber for authorization to investigate.

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Prosecutor's Request to Pre-Trial Chamber

The Prosecutor presents a detailed request to the Pre-Trial Chamber for authorization to investigate, along with supporting evidence. Victims can also make representations to the Pre-Trial Chamber.

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Pre-Trial Chamber Authorization

The Pre-Trial Chamber reviews the Prosecutor's request and decides if there's enough reason to believe an investigation is warranted, considering the ICC's jurisdiction.

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Commencement of Investigation

When the Pre-Trial Chamber finds enough evidence and the case aligns with ICC jurisdiction, they authorize the Prosecutor to start a formal investigation.

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Jurisdiction and Admissibility

Even after the investigation is authorized, the ICC can still decide later on whether the case truly falls under their jurisdiction and should be admitted.

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ICC's Information Gathering

This refers to the ICC's ability to pursue cases based on information from various sources, including states, intergovernmental organizations, non-governmental organizations, and other reliable sources.

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Principle of Complementarity

The ICC has the authority to act in certain situations if a state is unwilling or unable to prosecute the crime. The ICC is there to act as a backup when national courts are inadequate.

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ICC Jurisdiction based on State's Incapacity

The ICC is empowered to investigate and prosecute perpetrators of certain crimes only if a state is unwilling or unable to do so.

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ICC Jurisdiction based on State's Unwillingness

The ICC can investigate and prosecute crimes in situations where a state is unwilling to do so, such as when the national proceedings are made for the purpose of shielding the accused, the process is excessively delayed, or investigations are not conducted independently or impartially.

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ICC Jurisdiction based on UNSC Referral

The ICC can investigate and prosecute a situation if the UN Security Council refers it to the Prosecutor.

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Prosecutor's Repeated Investigation Request

The Prosecutor can ask the Pre-Trial Chamber to authorize an investigation again after the initial request is denied, if new facts or evidence emerges.

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Prosecutor's Obligation to Inform

The Prosecutor must inform those who provided information if they conclude that the information is not sufficient for an investigation.

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Prosecutor's Consideration of New Evidence

The Prosecutor can consider new facts or evidence regarding a situation even if an initial investigation was rejected.

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Study Notes

International Criminal Law (History and Fundamentals)

  • International Criminal Law (ICL) is the criminal law of the international community
  • ICL is a hybrid between public international law and criminal law, concerning the punishment of individuals
  • ICL establishes legal provisions for individual criminal responsibility under international law
  • Jurisdiction is determined by the principle of complementarity. International Criminal Tribunals and Courts, as well as National Courts (if defined by national criminal law) have jurisdiction.

International Crimes ("Core" Crimes)

  • ICL addresses the "core" crimes:
    • War crimes
    • Crimes against humanity
    • Crimes against peace (now crimes of aggression)
    • Genocide (considered an "autonomous" crime)

Common Features of International Crimes

  • These are universal crimes (mala in se, not mala quia prohibita) and aim to protect international legal interests (peace, security, well-being)
  • International Crimes require contextual elements (e.g., widespread or systematic attack against civilians or within an armed conflict)
  • Often multi-subjective
  • Exceptions to ordinary criminal law rules exist (e.g., non-applicability of statute of limitations; irrelevance of official capacity)

Sources of International Criminal Court (ICC)

  • Treaties and conventions (e.g., Rome Statute)
  • Customary international law
  • General principles of law recognized by civilized nations
  • National and international judicial decisions

Principle of Legality

  • A person is not criminally responsible under the ICC unless their conduct constitutes a crime within the Court's jurisdiction
  • Crime definitions are strictly construed and not extended by analogy
  • Ambiguous definitions are interpreted in favor of the accused

Historical Evolution

  • The Versailles Treaty (1919) exemplifies attempts to prosecute individuals for war crimes
  • The Nuremberg and Tokyo Military Tribunals established precedent for international criminal trials, including individual criminal responsibility for international crimes.

Nuremberg Trial

  • Established the International Military Tribunal (IMT) in 1945
  • Allied countries appointed judges and a prosecutor
  • Prosecuted crimes against peace, war crimes, crimes against humanity
  • Established precedents for individual criminal responsibility, and established that superior orders were not a defense
  • Led to the creation of a significant body of international criminal law

Nuremberg Trial – Controversial Issues

  • Violation of non-retroactivity (the idea that law should not apply to actions before it was enacted)
  • Obedience to superior orders (the concept that following orders from superiors should not be grounds for criminal punishment, if those orders are highly unjust, causing an obvious violation of international law)
  • Justice of the victors

Nuremberg and Tokyo Trial's Principles

  • Established individual criminal responsibility for international crimes
  • No exemptions for or mitigation of accountability for heads of state or public officials
  • Acting on a superior’s order does not exclude punishment
  • Right to a fair trial

Tokyo Tribunal

  • Established by General Douglas MacArthur in 1946
  • Operated 1946-1948
  • All 28 defendants were convicted, with 7 receiving death sentences

Secondary Nuremberg Trials

  • Held between 1946 and 1949 before Allied military tribunals
  • Involved 177 defendants, with varying penalties

Phases of International Criminal Law

  • Military Tribunals (post World War I and II)
  • The age of codification (development of treaties defining international crimes)
  • Ad hoc Tribunals and the International Criminal Court (after the Cold War)

Age of Codification

  • Geneva Conventions (1949) and their additional protocols (1977)
  • Convention on the Prevention and Punishment of the Crime of Genocide (1948)
  • UN Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes Against Humanity (1968)
  • UN International Convention on the Suppression and Punishment of the Crime of Apartheid (1973)
  • Convention against torture (1984)

Ad Hoc Tribunals (ICTY and ICTR)

  • Established by the UN Security Council
  • ICTY: International Criminal Tribunal for the former Yugoslavia (1993-2017)
  • ICTR: International Criminal Tribunal for Rwanda (1994-2015)
  • Similarities with earlier tribunals, but established by the UN rather than victors
  • Established precedents in identifying international crimes.

Internationalized Domestic Tribunals (Mixed Tribunals)

  • Established after the 1990s
  • Feature mixed composition (local and international personnel)
  • Established by domestic statutes, working with bilateral agreements with the UN

Transitional Justice

  • Mechanisms to deal with historical transitional periods
  • ICL is a part of transitional justice mechanisms
  • Punitive vs. non-punitive mechanisms (e.g. truth commissions, reparations)

International Criminal Court (ICC)

  • Statute of the International Criminal Court (the Rome Statute) approved in 1998 and entered into force in 2002
  • An effort at codification of international crimes and general principles including nullum crimen, nulla poena sine lege; non-retroactivity; sanctions (detention, imprisonment, fines, confiscation)

International Criminal Court(ICC) - Jurisdiction and Court

  • Based in The Hague
  • Permanent court with ordinary jurisdiction (crimes after the entry into force of the statute), and universal vocation
  • Member states limit their sovereignty when they ratify the treaty and join the ICC system
  • 123 member states
  • The Court has 18 judges, each for a nine-year term.

ICC Jurisdiction (Three Requirements)

  • Ratione materiae: jurisdiction is limited to the most serious crimes of international concern, including genocide, crimes against humanity, war crimes, and the crime of aggression
  • Ratione temporis: jurisdiction applies to crimes committed after the statute's entry into force
  • Ratione loci: crimes committed either in the territory of a state party or by a national

Principles of Jurisdiction

  • Territorial principle (crimes committed within a state's territory)
  • Nationality principle (crimes committed by a state's nationals)
  • Protective principle (protection of the state's interests)
  • Universality principle (crimes of concern to the international community)

Trigger Mechanisms(Article 13)

  • Referral of a situation by a state party: a state can refer a situation with possible crimes under ICC jurisdiction to the Prosecutor
  • Motu proprio: the Prosecutor can initiate an investigation on their own
  • Referral by the UN Security Council: the UN Security Council can refer a situation to the Prosecutor

Principle of Complementarity

  • ICC has a complementary jurisdiction. States have primary responsibility to investigate and prosecute
  • ICC intervenes only if States are unwilling or unable to exercise their jurisdiction
  • The State is "unwilling" if national proceedings are for shielding from responsibility, have unreasonable delays, or are not independent or impartial
  • The State is "uncapable" if its judicial system has collapsed or is unable to carry out its own processes

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