Lecture 6 questions

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.