Lecture 6: The International Criminal Court (continued) & Moot Court Preparation

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Questions and Answers

Under what condition is a case considered inadmissible according to the complementarity principle?

When a State is unwilling or unable to conduct the investigation. (correct)

When the case has a valid international jurisdiction.

When the State has already conducted an impartial trial.

When the accused is a foreign national.

Which of the following statements best describes the applicability of the complementarity principle in relation to national trials?

Past national trials can be subject to review if they were not conducted impartially. (correct)

National trials negate the need for international intervention regardless of the outcome.

The complementarity principle is void if any national trial is conducted.

Only cases where evidence is lacking at the national level can be reopened at the international level.

Which aspect is NOT considered when evaluating the admissibility of a case under Article 17?

Whether there was an intention to shield the accused during the national trial.

Whether the case has been previously prosecuted at the national level.

Whether the trial was carried out independently.

Whether the suspect has a prior conviction. (correct)

What triggers a potential admissibility based on the national trial's conduct?

There are indications of a sham trial or biased proceedings. Signup and view all the answers

Which of the following factors is NOT related to the two-step process of evaluating a case for admissibility?

The outcome of any previous investigations. Signup and view all the answers

Which article of the Rome Statute states that the Statute applies equally to all persons regardless of official capacity?

Article 27 Signup and view all the answers

What does Article 53 of the Rome Statute primarily address?

Interests of Justice Signup and view all the answers

What is not considered a ground for reduction of sentence under the Rome Statute?

Official capacity Signup and view all the answers

What is the primary criterion for the ICC to establish its jurisdiction over a crime?

The crime must fall under the definitions outlined in Article 5. Signup and view all the answers

Which of the following considerations is necessary for the ICC to establish jurisdiction over a crime?

Gravity threshold Signup and view all the answers

Which article explains the temporal jurisdiction of the ICC?

Article 11 Signup and view all the answers

Which article addresses the issue of complementarity in ICC proceedings?

Article 17 Signup and view all the answers

What does Article 17 of the Rome Statute address?

Complementarity Signup and view all the answers

What happens after the ICC issues an arrest warrant?

Confirmation of charges occurs. Signup and view all the answers

In what situation can the ICC exercise jurisdiction over crimes committed by a state that becomes a party after July 1, 2002?

For crimes committed after their entry into force. Signup and view all the answers

Which of the following is NOT a part of the procedure at the ICC?

Initial sentencing without trial Signup and view all the answers

What is the significance of the gravity threshold in ICC procedures?

It assesses whether a crime is severe enough for prosecution by the ICC. Signup and view all the answers

Which article mandates that a state party accepts the jurisdiction of the ICC upon ratification?

Article 12 Signup and view all the answers

Under what condition can the Court exercise its jurisdiction according to Article 13?

If the conduct in question occurred within a State Party Signup and view all the answers

What action can a non-party State take to accept the jurisdiction of the Court?

Lodge a declaration with the Registrar Signup and view all the answers

Which of the following is NOT a valid method for the Prosecutor to initiate an investigation according to Article 13?

Resolution from a national court Signup and view all the answers

Who can submit information about a crime for consideration by the Court?

Victims of the crime Signup and view all the answers

What is a key component of the admissibility test related to serious crimes?

Gravity of the crime Signup and view all the answers

What is the role of the Security Council in relation to Article 13's jurisdiction?

To act under Chapter VII of the UN Charter and refer situations Signup and view all the answers

What defines the 'State of registration' in Article 13?

The State of the vessel or aircraft's registration involved in the crime Signup and view all the answers

Which of the following factors does NOT influence the determination of gravity for admissibility?

Reputation of the accused Signup and view all the answers

When considering the interests of justice, what is primarily assessed?

Presumption in favor of investigation Signup and view all the answers

What is required for the Court to consider a crime as under its jurisdiction?

A State Party must refer the situation to the Prosecutor Signup and view all the answers

What does 'proprio motu' mean in the context of Article 13?

Initiated by the Prosecutor on their own authority Signup and view all the answers

In the context of the interests of justice, what is the balance test used for?

To justify not prosecuting after a positive determination of jurisdiction and admissibility Signup and view all the answers

Which situation could lead to a declaration of inadmissibility of a case?

Insufficient evidence of jurisdiction Signup and view all the answers

What does the term 'gravity' in the admissibility test primarily refer to?

Severity of the crime's consequences Signup and view all the answers

Which of the following does NOT factor into the interests of justice assessment?

Violations of international law Signup and view all the answers

What is an example of a situation that might lead the OTP to inform the Pre-Trial Chamber?

Finding no evidence of a crime 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 crimes against peace, war crimes, crimes against humanity and genocide,
The ICC operates under the Rome Statute.
The ICC's jurisdiction is triggered by Articles 11-16 of the Rome Statute, and preconditions are outlined in Articles 12 and also 17.

Outline of the Lecture

Recap of the Jurisdiction of the ICC
Jurisdiction (Articles 11-16 of the Rome Statute).
Complementarity.
Gravity.
Interests of Justice.
Head of State Immunity.

The Procedure at the ICC

Preliminary examination > investigation
Arrest warrant/summons to appear
Confirmation of charges (ICC/ECCC)
Jurisdiction
Admissibility
Trial/case presentation (contextual elements)
Specific elements
Individual criminal responsibility
Defenses
Verdict
Sentencing
Possible appeal
Reparations

Jurisdiction

Article 11 (rationae temporis)
Article 12 (preconditions to jurisdiction)
Article 13 (triggering jurisdiction)
Article 17 (complementarity)

The Steps

Article 5: Does the crime fall under ICC jurisdiction?
Article 11: Does the temporal jurisdiction apply?
Article 12: Does the territorial and/or personal jurisdiction apply?
Article 13: Was the case properly referred?
Article 17: Does complementarity apply? Is the gravity threshold met?
Article 53: Interests of justice

Jurisdiction 'rationae temporis'

The Court has jurisdiction over crimes committed after the Rome Statute's entry into force (July 1, 2002).
If a state becomes party after the entry into force, jurisdiction applies to crimes committed after that state's entry.

Preconditions for Jurisdiction

States that become parties to the Rome Statute accept jurisdiction for specific crimes (article 5)
Court may exercise jurisdiction under Article 13 if a State Party refers a situation, the Security Council refers a situation, or the Prosecutor initiates an investigation (proprio motu).
If the case is not a party, their acceptance of jurisdiction is required using a declaration to the registrar.
The state, or state's territory where the crime occurred, or the state the accused person is from, is required to accept jurisdiction.
A declaration lodged with the Registrar by the accepting state accepts the exercise of jurisdiction by the Court for the crime in question.

Exercising Jurisdiction

Court may exercise jurisdiction over crimes in article 5 if:
A situation where crimes are deemed committed is presented by a state party under article 14.
A situation where crimes are deemed committed by the security council under chapter VII of the UN charter.
Initiated by the prosecutor in accordance with article 15 (proprio motu).

Examples

Various statistics (pie charts, maps) illustrate referral triggers and regional representation.

Complementarity Principle and Gravity

The case is inadmissible if it's being investigated or prosecuted by a state with jurisdiction and they are willing/able to carry out the investigation/prosecution.
If a state investigation has been conducted and they decide not to prosecute, the case may be admissible.
Gravity is a factor in case admissibility.
National authorities already handling the case or the case being prosecuted at a national level will render a case inadmissible; in this instance, the national court usually has priority.
Consider gravity, victims' interests, accused circumstances, and other justice mechanisms.

Gravity

Gravity refers to the scale, nature, and manner of crimes.
Factors considered include the number of victims, the type of damage caused from the crime, the location, or span of time the crime occurred, and the method employed.
It can increase complexity when handling cases or cause an inadmissible case.

Interests of Justice

Article 53 of the Rome Statute.
Determining if it is in the interests of justice to proceed with a case.
Factors considered include gravity, victim's interests, and other justice mechanisms and peace processes.
The overall objective and purpose of the statute are considered.

Head of State Immunity

Article 27 of the Rome Statute removes official capacity as a factor in accountability or criminal responsibility as a defence in the statute.
No immunity for Heads of State (or government figures) under the statute.

Key Legal Process

Ten key facts: ICC does not prosecute under 18, preliminary examination, evidence collection, innocent until proven guilty, multiple language support, arrest warrants, suspect/accused, trials, appeal procedures, and reopenings.

Next Week

Modes of liability
Defenses
Enforcement of sentences
Victims' participation

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Description

Test your knowledge on the Rome Statute and the principles of complementarity regarding international criminal law. This quiz covers key articles, admissibility conditions, and the competencies of the ICC. Dive into important aspects that define jurisdiction and trial applicability.