International Criminal Court (ICC) PowerPoint PDF

MEDITERRANEAN SCHOOL OF BUSINESS PROGRAM: UPM COURSE: HUMAN RIGHTS PROFESSOR: NOURA BELKHODJA TERM 2021/2022 : 1 INTERNATIONAL CRIMINAL COURTS AND TRIBUNALS 2 The first post-war international tribunals As...

MEDITERRANEAN SCHOOL OF BUSINESS PROGRAM: UPM COURSE: HUMAN RIGHTS PROFESSOR: NOURA BELKHODJA TERM 2021/2022 : 1 INTERNATIONAL CRIMINAL COURTS AND TRIBUNALS 2 The first post-war international tribunals As a result of the crimes committed during the Second World War, the victorious powers set up international tribunals with responsibility for prosecuting and judging war criminals. The Nuremberg Tribunal, created on 8 August 1945 by the London Agreements, had authority to prosecute and judge Nazi war criminals for crimes against humanity, crimes against peace and war crimes; The Tokyo Tribunal, created on 19 January 1946 on the order of General MacArthur, had authority to prosecute and judge Japanese war criminals. The United Nations subsequently recognized the principles set out during these trials (Resolutions of the General Assembly of 13 February and 11 December 1946) : international criminal responsibility of individuals, no excuse related to the official capacity of the accused, no immunity, responsibility of superiors. They also initiated work aimed at drawing up a statute for a permanent criminal court. 3 The ad hoc tribunals in the 90s In reaction to serious violations of humanitarian international law in the former Yugoslavia and Rwanda, the Security Council set up ad hoc courts (limited to a territory and for given period of time) for the purposes of prosecuting and judging the perpetrators of these crimes. 4 The ad hoc tribunals in the 90s The International Criminal Tribunal for the former Yugoslavia (ICTY) was set up on 22 February 1993, for the purposes of judging persons presumed to be responsible for 4 types of crime committed in the Balkans from 1991 : serious violations of the Geneva Convention of 1949, violations of laws and customs of war, genocide and crimes against humanity. The ICTY sits in The Hague. The ICTY was scheduled to end its activities in 2010, however, the mandate of the judges has been extended. It closed its activities in 2017. To date, 161 persons have been or are indicted and 63 have been found guilty and sentenced. 5 The ad hoc tribunals in the 90s The International Criminal Tribunal for Rwanda (ICTR), was set up on 8 November 1994, for the purposes of judging persons presumed responsible for acts of genocide and other serious violations of international humanitarian law committed on the territory of Rwanda, and Rwandan citizens presumed responsible for such acts or violations of international law committed on the territory of neighbouring States between 1st January and 31 December 1994. it closed its activities in 2015. The ICTR sits in Arusha at first instance and in The Hague for appeals. 6 Internationalized criminal courts and tribunals set up in the 2000s The Special Court for Sierra Leone was set up by a treaty concluded between the United Nations and the government of Sierra Leone on 16 January 2002. It has jurisdiction to judge violations of international humanitarian law and violations of Sierra Leonan law committed in Sierra Leone since 30 November 1996. It is composed of (mainly) international judges and Sierra Leonan judges, and its prosecutor is international (appointed by the UN Secretary General). Rules of procedure and evidence are similar to that of the ICTR. It sits in Freetown. However, the trial of Charles Taylor is taking place in The Hague for security reasons, at the International Criminal Court. 7 Internationalized criminal courts and tribunals set up in the 2000s The Special Tribunal for Lebanon was set up by a UN Security Council Resolution (1757) of 30 May 2007. It has jurisdiction to judge the attack on 14 February 2005 in Beirut against former Prime Minister Rafiq Hariri, which also resulted in the death of 22 other persons, as well as other assassination attacks carried out since 2004, in relation to this event. 8 INTERNATIONAL CRIMINAL COURT (ICC) HISTORY: In the 1990s after the end of the Cold War, tribunals like the International Criminal Tribunal for the former Yugoslavia and for Rwanda were the result of consensus that impunity is unacceptable. However, because they were established to try crimes committed only within a specific time-frame and during a specific conflict, there was general agreement that an independent, permanent criminal court was needed. 9  ICC On 17 July 1998, 120 States adopted the Rome Statute, the legal basis for establishing the permanent International Criminal Court. The Rome Statute entered into force on 1 July 2002 after ratification by 60 countries. 10  ICC NATURE The International Criminal Court (ICC), governed by the Rome Statute, is the first permanent, treaty based, international criminal court established to help end impunity for the perpetrators of the most serious crimes of concern to the international community. The ICC is an independent international organisation, and is not part of the United Nations system. Its seat is at The Hague in the Netherlands. Although the Court’s expenses are funded primarily by States Parties, it also receives voluntary contributions from governments, international organisations, individuals, corporations and other entities. 11  ICC KEY FEATURES Based in the Hague, The Netherlands, the International Criminal Court is the first ever permanent international institution, with jurisdiction to prosecute individuals responsible for the most serious crimes of international concern: genocide, crimes against humanity and war crimes and – as of amendments made in 2010 – the crime of aggression. 12  ICC The jurisdiction of the ICC will be complementary to national courts, which means that the Court will only act when countries themselves are unable or unwilling to investigate or prosecute. The ICC is a court of last resort. It will not act if a case is investigated or prosecuted by a national judicial system unless the national proceedings are not genuine. In addition, the ICC only tries those accused of the gravest crimes. 13  ICC Article 6 :Genocide For the purpose of this Statute, "genocide" means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such: (a) Killing members of the group; (b) Causing serious bodily or mental harm to members of the group; (c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; (d) Imposing measures intended to prevent births within the group; (e) Forcibly transferring children of the group to another group. 14  ICC Article 7: Crimes against humanity For the purpose of this Statute, "crime against humanity" means any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack: (a) Murder; (b) Extermination; (c) Enslavement; (d) Deportation or forcible transfer of population; (e) Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law; (f) Torture; (g) Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity; (h) Persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender as defined in paragraph 3, or other grounds that are universally recognized as impermissible under international law, in connection with any act referred to in this paragraph or any crime within the jurisdiction of the Court; (i) Enforced disappearance of persons; (j) The crime of apartheid; (k) Other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health. 15  ICC Article 8: War crimes The Court shall have jurisdiction in respect of war crimes in particular when committed as part of a plan or policy or as part of a large-scale commission of such crimes. 2. For the purpose of this Statute, "war crimes" means: (a) Grave breaches of the Geneva Conventions of 12 August 1949, namely, any of the following acts against persons or property protected under the provisions of the relevant Geneva Convention: (i) Wilful killing; (ii) Torture or inhuman treatment, including biological experiments; (iii) Wilfully causing great suffering, or serious injury to body or health; (iv) Extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly; (v) Compelling a prisoner of war or other protected person to serve in the forces of a hostile Power; (vi) Wilfully depriving a prisoner of war or other protected person of the rights of fair and regular trial; (vii) Unlawful deportation or transfer or unlawful confinement; (viii) Taking of hostages. 16  ICC Crime of aggression From 17 July 2018, the International Criminal Court will be able to prosecute leaders responsible for waging aggressive war - with conditions. The crime of aggression means "the planning, preparation, initiation or execution, by a person in a position effectively to exercise control over or to direct the political or military action of a State, of an act of aggression which, by its character, gravity and scale, constitutes a manifest violation of the Charter of the United Nations." The act of aggression means "the use of armed force by a State against the sovereignty, territorial integrity or political independence of another State, or in any other manner inconsistent with the Charter of the United Nations." These acts can include, among others, invasion, military occupation, and annexation by the use of force, blockade by the ports or coasts. Rome Statute of the International Criminal Court articles 8 bis 1 and 2. 17  ICC The ICC will not have retroactive jurisdiction and therefore will not apply to crimes committed before 1 July 2002, when the Statute entered into force. 18  ICC PROCEEDINGS Proceedings before the ICC may be initiated by a State Party, the Prosecutor or the United Nations Security Council, 19 REFERENCES TRAINING MANUEL ON HUMAN RIGHTS AND HUMAN RIGHTS PROTECTION FOR LAWYERS FILE N°23 : INTERNATIONAL CRIMINAL COURTS AND TRIBUNALS – OVERVIEW http://www.icccpi.int/EN_Menus/ICC/Pages/default.aspx 20 THANK YOU 21