Tribunal Penal Internacional - Parte II

Summary

This video provides a comprehensive overview of the International Criminal Court (ICC), focusing on its structure and procedural stages. It explains the four key organs of the court: the Presidency, the Sessions, the Office of the Prosecutor, and the Secretariat, and outlines their roles. The script delves into the process of investigation and trial, detailing the steps from the initiation of a case to judgment, with emphasis on the role of states, the UN Security Council, and the Prosecutor in initiating investigations. Additionally, it covers sentencing, appeals, and the execution of sentences, highlighting the international scope and implications of the court's work.

Takeaways

• 😀 The International Criminal Court (ICC) has four independent bodies: the Presidency, the Sessions, the Office of the Prosecutor, and the Secretariat.
• 😀 Judges at the ICC are selected based on high moral character, impartiality, and experience in criminal law. They are elected for a nine-year term with the possibility of re-election.
• 😀 The Presidency of the ICC includes the President and two Vice-Presidents, who serve for a term of three years and handle both judicial and administrative functions.
• 😀 The ICC is composed of 18 judges, chosen by the Assembly of States Parties, with each judge required to be fluent in at least one of the ICC’s official languages.
• 😀 The Prosecutor's Office is an independent body responsible for investigating and prosecuting crimes under the ICC's jurisdiction. The current prosecutor is from Gambia and was elected to address criticisms regarding the ICC's focus on African countries.
• 😀 The ICC’s Secretariat manages the administrative functions of the court and operates under the supervision of the Presidency, ensuring the tribunal runs smoothly.
• 😀 The court's legal process is divided into two phases: the investigation phase (preliminary examination) and the trial phase (prosecution and judgment).
• 😀 Only states parties, the UN Security Council, or the ICC prosecutor can request investigations. Organizations and individuals cannot initiate proceedings directly.
• 😀 The UN Security Council has the authority to suspend investigations for up to 12 months, renewable, primarily for reasons related to international peace and security.
• 😀 The ICC uses a flexible approach to evidence and applies the principle of free evaluation of evidence, allowing for a broader search for truth and potentially giving more weight to testimonial evidence over documentary evidence.

Q & A

What are the four main organs of the International Criminal Court (ICC)?

The four main organs of the International Criminal Court are: the Presidency, the Sessions, the Office of the Prosecutor, and the Secretariat. These organs are independent but work together to ensure the functioning of the court.

How are judges chosen for the International Criminal Court?

Judges are chosen by the Assembly of States Parties to the Rome Statute. They are selected based on their high moral character, impartiality, and integrity, and must have experience in criminal law, international law, or related fields. They serve for a term of 9 years, with the possibility of re-election.

What is the role of the President, First Vice-President, and Second Vice-President of the ICC?

The President, First Vice-President, and Second Vice-President of the ICC are responsible for overseeing the administrative and judicial functions of the court. They are elected from the judges and serve for a renewable three-year term. They also handle external relations and make decisions regarding judicial matters, such as granting leave for judges.

What is the purpose of the Sessions organ of the ICC?

The Sessions organ of the ICC is responsible for conducting trials and making judicial decisions. It is divided into three sections: the Pre-Trial Chamber, the Trial Chamber, and the Appeals Chamber. Each section deals with different stages of the trial process.

What is the role of the Office of the Prosecutor?

The Office of the Prosecutor is an autonomous organ of the ICC responsible for initiating investigations and prosecutions for crimes under the jurisdiction of the court. It can act on referrals from states, the United Nations Security Council, or initiate investigations on its own.

What are the criteria for a state to request an investigation before the ICC?

Any state party to the Rome Statute has the right to request an investigation into crimes committed by individuals in their territory or by their nationals. The UN Security Council can also request an investigation, regardless of whether the state is a party to the Rome Statute. Additionally, the Prosecutor can initiate an investigation on their own.

How does the UN Security Council influence ICC investigations?

The UN Security Council has the authority to suspend an ICC investigation for a renewable period of 12 months if it deems necessary for international peace and security. This power has been controversial, particularly when it is used to block investigations involving powerful states.

What are the two main phases of a trial at the ICC?

The trial at the ICC is divided into two main phases: the investigation phase (also called the 'Pre-Trial' phase) and the trial phase. The investigation phase involves gathering evidence and hearing preliminary issues, while the trial phase involves presenting evidence and conducting the trial.

What is the significance of the principle of 'investigation ex officio' at the ICC?

The principle of 'investigation ex officio' means that the ICC can independently seek out and gather evidence beyond what the parties submit. This principle is linked to the pursuit of 'real truth' and allows the court to take a proactive role in gathering evidence, ensuring a more comprehensive trial process.

What are the types of penalties that can be imposed by the ICC?

The ICC can impose two types of penalties: imprisonment (which can be for up to 30 years or life imprisonment in exceptional cases) and fines. In addition, it can also seize property or assets derived from the crimes committed. These penalties aim to hold individuals accountable for international crimes while respecting human rights.