What is the ICC and is it fair?

Summary

The International Criminal Court (ICC), established in 2003 under the Rome Statute, prosecutes individuals for serious crimes like genocide, war crimes, crimes against humanity, and aggression. Though independent of the UN, it reports to the General Assembly. The ICC steps in when national courts are unable or unwilling to prosecute. With 120+ state parties, it faces challenges such as lack of cooperation from non-parties like the US and China, and criticisms of bias towards African cases. The ICC also faces recent US sanctions over investigations into US forces in Afghanistan and Israeli actions in Palestine.

Takeaways

• 🏛️ The International Criminal Court (ICC) was established in 2003 based on the Rome Statute, adopted in 1998.
• 🌐 Over 120 states are parties to the Rome Statute, but notable non-parties include the US, Russia, India, Israel, and China.
• 📜 Although the ICC was negotiated within the UN, it is not officially part of the UN system.
• 💡 The ICC supplements national courts, intervening when states are unable or unwilling to prosecute serious crimes.
• 🔍 The ICC focuses on the most serious crimes: genocide, war crimes, crimes against humanity, and the crime of aggression.
• 📚 Genocide involves intent to destroy a national, ethnic, racial, or religious group in part or in whole.
• ⚖️ War crimes include serious violations of the Geneva Conventions and other laws of armed conflict.
• 🌍 Crimes against humanity are part of a widespread or systematic attack against civilian populations.
• 🚫 The ICC does not prosecute individuals under the age of 18 at the time of the crime or states or governments.
• 🔄 Cases can be reopened if new evidence emerges, and the defendant is considered innocent until proven guilty.
• 🔎 The ICC has nine preliminary examinations, 13 situations under investigation, and 28 cases with 14 defendants at large.
• 🌟 High-profile cases include those against Kenyan President Uhuru Kenyatta and Sudanese President Omar Al-Bashir.
• 🚔 The ICC relies on states to extradite indicted individuals, which can be problematic as seen with Omar Al-Bashir.
• 💼 The US has imposed sanctions on ICC officials due to investigations into US forces in Afghanistan and Israeli actions in Palestine.
• 🌎 The ICC is criticized for focusing predominantly on African cases, with 10 of 13 situations and all 28 cases involving African nations.
• 🔄 There are preliminary examinations for crimes in Colombia, Palestine, Ukraine, the Philippines, and the UK's role in the Iraq war.

Q & A

What is the International Criminal Court (ICC)?

The International Criminal Court is an international tribunal established to prosecute individuals for the most serious crimes of international concern, including genocide, war crimes, crimes against humanity, and the crime of aggression.

When did the ICC begin its work?

The ICC began its work in 2003.

What is the Rome Statute and when was it adopted?

The Rome Statute is the treaty that established the ICC, and it was adopted in July 1998.

How many states are party to the Rome Statute and does it include the United States?

More than 120 states are party to the Rome Statute, but it does not include the United States, Russia, India, Israel, or China.

Is the ICC part of the United Nations?

No, the ICC is not a part of the UN, but it does report annually to the UN General Assembly.

What is the role of the ICC in relation to national courts?

The ICC is not meant to replace national courts but can intervene when a state is unable or unwilling to investigate and prosecute accused criminals.

What are the four main crimes that the ICC deals with?

The ICC deals with genocide, war crimes, crimes against humanity, and the crime of aggression.

What is the definition of genocide according to the ICC?

Genocide is the intent to destroy, in part or in whole, a national, ethnic, racial, or religious group through acts such as killing, causing serious bodily or mental harm, preventing births within the group, and forcibly transferring children to another group.

What is the crime of aggression?

The crime of aggression is when one state uses armed force to plan, initiate, or execute an act against the sovereignty of another state.

What are the criteria for the ICC to start an investigation?

For the ICC to start an investigation, the Office of the Prosecutor must determine if there is enough evidence of crimes of sufficient gravity within the court's jurisdiction, if there are genuine national proceedings, and if opening an investigation would serve the interests of justice and the victims.

How many cases has the ICC convicted and how many have been acquitted?

The ICC has indicted or formally charged after conducting an investigation more than 40 people, convicted eight, and acquitted two.

What is the issue with the ICC's focus on African countries?

There is an issue with the ICC's focus on African countries as 10 of the 13 situations under investigation and all of the 28 cases at the court are from African nations, despite international crimes happening globally.

Why did the United States impose sanctions on ICC officials?

The United States imposed sanctions on ICC officials in response to the court's ongoing investigations into crimes committed by U.S. forces in Afghanistan and the preliminary inquiry into Israeli crimes committed in the Palestinian territories.

What is the significance of the ICC's preliminary examinations in countries outside Africa?

The preliminary examinations in countries like Colombia, Palestine, Ukraine, the Philippines, and for the UK's role in the latest Iraq war indicate that the ICC is starting to reach out to other regions besides Africa.