Lecture 6

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

What is the significance of Article 27 of the Rome Statute regarding Head of State immunity?

Article 27 establishes that no one, including Heads of State, is immune from prosecution under the ICC for crimes covered by the statute.

How do Articles 5, 11, and 12 of the Rome Statute determine the jurisdiction of the ICC?

Article 5 identifies the crimes under ICC jurisdiction, Article 11 addresses the temporal jurisdiction, and Article 12 outlines both territorial and personal jurisdiction criteria.

Explain the role of complementarity as referred to in Article 17 of the Rome Statute.

Complementarity ensures that the ICC acts only when national jurisdictions are unable or unwilling to prosecute serious crimes.

What criteria must be met to assess whether a case serves the interests of justice according to Article 53?

The gravity threshold must be met, and the case must align with the overall interests of justice, considering the impact on victims and society. Signup and view all the answers

Why might official capacity not prevent ICC jurisdiction over an individual?

Official capacity does not grant immunity under Article 27, allowing the ICC to prosecute individuals regardless of their status. Signup and view all the answers

What does Article 17 outline regarding inadmissible cases?

Article 17 states that a case is inadmissible if it is being prosecuted by a State with jurisdiction, unless that State is unable or unwilling to genuinely carry out the investigation. Signup and view all the answers

Identify one condition under which a case can be considered admissible despite being dealt with at the national level.

A case can be considered admissible if there was an intention to shield the accused or if there was a sham trial. Signup and view all the answers

Explain the significance of 'ne bis in idem' in the context of complementarity.

'Ne bis in idem' prevents an individual from being tried twice for the same offense, ensuring legal certainty and protecting against double jeopardy. Signup and view all the answers

What factors are typically not considered when determining the admissibility of a case after a national trial?

Factors such as the state's inability to prosecute and any delays in the process are usually not considered if a trial has already taken place. Signup and view all the answers

What is the two-step process outlined in Article 17(1)(C) related to complementarity?

The two-step process involves determining if the same case has been dealt with at the national level and evaluating if the prosecution was impartial and independent. Signup and view all the answers

What criteria allow the Court to exercise jurisdiction under Article 13?

The Court may exercise jurisdiction if the crime occurred in a State Party's territory or if the accused is a national of a State Party. Signup and view all the answers

Under which circumstances can a State that is not a Party accept the Court's jurisdiction?

A non-Party State can accept the Court's jurisdiction by lodging a declaration with the Registrar. Signup and view all the answers

What are the three mechanisms for triggering the jurisdiction of the Court as outlined in Article 13?

The mechanisms include referrals by a State Party, referrals by the Security Council, or investigations initiated by the Prosecutor proprio motu. Signup and view all the answers

What is the role of the Prosecutor in initiating cases under Article 13?

The Prosecutor can initiate an investigation proprio motu if they find evidence of a crime. Signup and view all the answers

How does the Court cooperate with accepting States that are not Parties to the Statute?

Accepting States are required to cooperate with the Court promptly and without exception. Signup and view all the answers

What is the significance of Article 5 in relation to the crimes under the Court's jurisdiction?

Article 5 specifies the serious crimes that fall under the Court's jurisdiction, such as genocide and war crimes. Signup and view all the answers

What does 'territorial jurisdiction' refer to in the context of the Court?

Territorial jurisdiction refers to the Court's authority over crimes committed within the territory of a State Party. Signup and view all the answers

Explain the relationship between the Security Council and the Court as mentioned in Article 13.

The Security Council can refer situations to the Prosecutor, which allows the Court to exercise jurisdiction over certain cases. Signup and view all the answers

What is the significance of the 'same-case test' in determining potential admissibility?

The 'same-case test' assesses whether the suspect's conduct is substantially the same as that which forms the basis for international jurisdiction. Signup and view all the answers

What role does 'gravity' play in the admissibility test?

Gravity influences admissibility through factors like the scale of harm, nature of crimes, and impact on victims. Signup and view all the answers

How does the 'interests of justice' criterion affect prosecutorial decisions?

The 'interests of justice' can lead to a decision not to prosecute even after establishing jurisdiction and admissibility. Signup and view all the answers

What factors are considered in determining the 'gravity' of a case?

Factors include the number of victims, the extent of damage, the nature of the crime, and the impact on society. Signup and view all the answers

Why may a case be declared inadmissible at the International Criminal Court (ICC)?

A case may be declared inadmissible if national jurisdictions are found capable of prosecuting the crime themselves. Signup and view all the answers

What is meant by the presumption in favor of investigation in the context of the ICC?

It implies that the ICC generally favors proceeding with investigations unless strong reasons suggest otherwise. Signup and view all the answers

What must the Office of the Prosecutor (OTP) do if it decides not to proceed with a case?

The OTP must inform the Pre-Trial Chamber of its decision not to prosecute. Signup and view all the answers

In what circumstances might other justice mechanisms influence decisions at the ICC?

Other justice mechanisms could influence decisions if they provide effective resolutions to the situation in question. Signup and view all the answers

What is meant by jurisdiction 'ratione temporis' in the context of the ICC?

Jurisdiction 'ratione temporis' refers to the ICC's authority to prosecute crimes committed after the Statute came into force on July 1, 2002. Signup and view all the answers

How does complementarity function within the ICC framework?

Complementarity ensures that the ICC only intervenes when national jurisdictions are unable or unwilling to prosecute serious crimes. Signup and view all the answers

What criteria determine whether a crime falls under ICC jurisdiction?

A crime must be one of the serious offenses outlined in Article 5, such as genocide, war crimes, and crimes against humanity. Signup and view all the answers

What role does the 'interests of justice' play in the ICC's decision-making process?

The 'interests of justice' serve as a consideration for the Prosecutor to decide whether to proceed with cases, balancing legal and ethical implications. Signup and view all the answers

What are the preconditions for jurisdiction under Article 12 of the Rome Statute?

A state must accept the ICC's jurisdiction for the crimes listed in Article 5 as a requirement to become a party to the Statute. Signup and view all the answers

Describe the significance of an arrest warrant in the ICC procedural steps.

An arrest warrant is issued to ensure the presence of a suspect at the ICC for trial and to facilitate the investigation of charges. Signup and view all the answers

What does the gravity threshold refer to in the context of the ICC's admissibility criteria?

The gravity threshold assesses whether the alleged crimes are serious enough to warrant the ICC's involvement in a case. Signup and view all the answers

Explain the implications of head of state immunity concerning the ICC's jurisdiction.

The ICC can assert jurisdiction over heads of state even if they claim immunity under national laws, emphasizing accountability for serious crimes. Signup and view all the answers

Study Notes

Lecture 5 - The International Criminal Court (II)

The International Criminal Court (ICC) is an intergovernmental organization and international tribunal.
The ICC has jurisdiction over individuals for serious crimes of international concern.
The ICC's structure includes a Prosecutor, Pre-Trial chamber, Trial Chamber, and Appeals Chamber.
The ICC's jurisdiction is based on the Rome Statute.
The Rome Statute defines crimes within the court's jurisdiction, including genocide, war crimes, crimes against humanity, and the crime of aggression.
Jurisdiction is determined based on Article 11 (ratione temporis), 12 (preconditions), 13 (triggering), and 17 (complementarity).
Article 5 outlines the crimes falling under ICC jurisdiction.
Article 11 outlines the temporal jurisdiction, relating to when crimes were committed.
Article 12 outlines the preconditions to jurisdiction, clarifying geographical/personal ties to the crime.
Article 13 outlines the triggering mechanisms for jurisdiction based on referrals.
Article 17 outlines the principle of complementarity.
Article 53 details the aspect of Interests of Justice.
The Prosecutor initiates investigations, seeking evidence and confirmations, followed by charges.
Individuals are considered innocent until proven guilty.
The trial process includes evidence presentation, witness testimonies, defense arguments, and rulings.
The ICC will render verdicts and issue sentences.
Appeals are possible in the case of a verdict.
Reparations are possible in relevant situations.
Complementarity means national authorities investigate first, unless they are unable or unwilling to do so.
Gravity of the crime is another crucial factor.
The interests of justice determine if ICC proceedings are pursued or not.
Heads of State are not immune from ICC jurisdiction, according to Article 27 of the Rome Statute.

Outline

Recap of ICC principles
Jurisdiction (Articles 11-16 of the Rome Statute)
Complementarity
Gravity of the crime
Interests of justice
Head of State immunity

The ICC in 3 Minutes

A YouTube video is available for further viewing (link included in the presentation)

The Procedure at the ICC

Preliminary examination leads to an investigation.
Arrest warrants or summonses to appear are issued.
Charges are confirmed.
Jurisdiction, admissibility, and trial are considered.
Evidence presentation & witnesses are part of the trial process.
Contextual elements of a crime are investigated.
Individual criminal liability is verified.
Defenses are presented.
A verdict is rendered.
Sentencing and potential appeals occur.
Reparations for victims are considered.

Jurisdiction

Article 11: Temporal jurisdiction (when a crime was committed).
Article 12: Preconditions to jurisdiction (territory or nationality),
Article 13: Trigger to jurisdiction to exercise (state reporting crime, UN referral).
Article 17: Principle of complementarity.

The Steps

Various articles of the Rome Statute are considered sequentially.
Criteria such as temporal, territorial/personal jurisdiction, and gravity are checked.
Whether there has been a proper referral is assessed.
The principle of complementarity is assessed.
Interests of justice is also considered.

Article 11 - Jurisdiction "ratione temporis"

The ICC has jurisdiction over crimes committed after its entry into force (July 1, 2002).
New states joining the statute only have jurisdiction over crimes committed after their accession.

Article 12 - Preconditions for Jurisdiction

Territorial jurisdiction (state where the crime occurred).
Nationality jurisdiction (of the accused).
Acceptance of jurisdiction from a state in which a crime did not occur.

Article 13 - Exercising Jurisdiction

Prosecutor can open an independent investigation.
State parties can refer a situation to the prosecutor.
The UN Security Council can refer a situation to the prosecutor.

Examples

Piechart, world map comparing various referral types that started investigations in different regions.

Article 17 - Complementarity

Does a national investigation exist?
Are national authorities willing/able to investigate or prosecute?
Was the case already investigated/prosecuted?

The Complemetarity Principle

A case is inadmissible if national authorities are already dealing with a similar case.
Inadmissibility also depends on national authorities investigating the case and deciding not to prosecute.
A similar case has already been prosecuted at a national level.

Two-step Process

National investigation as initial step
Assessment of state's willingness and ability to prosecute.
If unwilling or unable, case moves to ICC.

Same case test

Does the national case mirror the ICC case, substantially enough?
If sufficiently similar, case may be inadmissible.

The Principle of Positive Complementarity

ICC prosecutions influence domestic forms of accountability.
Civil society cooperation on investigative information is key.
Current ICC situations involve states being unable or unwilling to prosecute.

Example

Examples of situations (Libya, Saif al-Islam Muammar Gaddafi).
Link provided for additional information.

Gravity and Interests of Justice

Gravity
Scale, nature of crime, how it was committed, and impacts.
Factors influence judgments about gravity
Interests of justice, including victims' interests, victim protections, circumstances of the accused, and peace processes.
Detailed information about gravity and interests of justice factors is included.

Head of State Immunity

Heads of State aren't immune from ICC jurisdiction under Article 27 of the Rome Statute.
Official capacity doesn't exempt someone from criminal responsibility.
Immunities or procedural rules don't hinder the ICC from exercising its jurisdiction.

Ten Key Facts about the Legal Process

The ICC has age limits for prosecution.
Prosecutor conducts preliminary examinations.
Evidence must be considered equally.
Defendants have rights for proceedings.
Pre-Trial judges issue arrest warrants and assess evidence.
Cases may go from suspect to accused.
Trial judges hear evidence and render verdicts.
Appeals are possible for both parties
Cases can be reopened with new evidence.

Studying That Suits You

Use AI to generate personalized quizzes and flashcards to suit your learning preferences.