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.

Outlines

00:00

🌍 International Criminal Court: Origins and Jurisdiction

The International Criminal Court (ICC) began operating in 2003, following the adoption of the Rome Statute in July 1998. Over 120 states are parties to the treaty, but significant nations like the US, Russia, India, Israel, and China are not. Although the ICC was negotiated within the UN framework, it is not a formal part of the organization. The court is located in The Hague, Netherlands, and is designed to complement national courts, stepping in when states are unable or unwilling to prosecute serious crimes such as genocide, war crimes, crimes against humanity, and the crime of aggression. The ICC defines these crimes and has specific rules, including not prosecuting individuals under the age of 18 at the time of the crime and focusing on individual rather than state responsibility. As of the script's knowledge cutoff, the ICC has numerous preliminary examinations, investigations, and cases underway, with some individuals convicted and others at large. The court relies on state cooperation for enforcement, which can be problematic, as seen in the case of Omar Al-Bashir of Sudan.

05:02

🔍 ICC's Focus and Challenges: Africa and Beyond

The ICC has faced criticism for its focus on African nations, with all 13 situations under investigation and 28 cases involving African countries. This has led to concerns about disparity and even prompted a suggestion by the African Union for a mass withdrawal of African states. However, the ICC is also conducting preliminary examinations for crimes in non-African locations, including Colombia, Palestine, Ukraine, the Philippines, and the UK's role in the Iraq war. The court's investigations into US forces in Afghanistan and Israeli actions in Palestinian territories have led to US sanctions against ICC officials, which the court has called unprecedented. The US argues that the ICC has no jurisdiction over it or Israel since they have not ratified the Rome Statute. Despite this, the ICC maintains that it has jurisdiction over crimes committed by non-parties on the territory of a state party to the statute. The court is also considering expanding its reach to other regions, but there is still no mention of potential crimes in places like Yemen or Bahrain. The UN has warned about possible crimes against humanity in Bahrain and has called for the situation in Yemen to be referred to the ICC.

Keywords

💡International Criminal Court (ICC)

The International Criminal Court (ICC) is an intergovernmental organization and international tribunal that sits in The Hague in the Netherlands. Established by the Rome Statute, an international treaty, the ICC is tasked with prosecuting individuals for international crimes of concern to the international community, such as genocide, war crimes, and crimes against humanity. The ICC is not part of the United Nations but reports annually to the UN General Assembly. It plays a crucial role in the video's narrative as it is the central institution being discussed.

💡Rome Statute

The Rome Statute is the treaty that established the ICC. Adopted in July 1998, it sets out the court's jurisdiction and the crimes it can prosecute. Over 120 states are party to the Rome Statute, but notable non-parties include the United States, Russia, India, Israel, and China. The Rome Statute is central to understanding the ICC's authority and the obligations of its member states, as discussed in the video.

💡Genocide

Genocide refers to the intent to destroy, in whole or in part, a national, ethnical, racial, or religious group. This can be done through acts such as killing, causing serious bodily or mental harm, or forcibly transferring children. The video uses the term in the context of the types of crimes over which the ICC has jurisdiction, emphasizing the severity of such acts.

💡War Crimes

War crimes encompass serious violations of the laws and customs of war, including grave breaches of the Geneva Conventions. Examples given in the video include murder, torture, sexual violence, and attacking civilians. These crimes are part of the ICC's mandate, highlighting the court's role in holding individuals accountable for serious violations during armed conflicts.

💡Crimes Against Humanity

Crimes against humanity are acts that are part of a widespread or systematic attack directed against any civilian population. The video mentions extermination, enslavement, and apartheid as examples. These crimes are prosecuted by the ICC when they are committed as part of a widespread or systematic attack, illustrating the court's focus on protecting civilian populations.

💡Crime of Aggression

The crime of aggression is defined as the use of armed force by one state against the sovereignty of another state. It is one of the crimes over which the ICC has jurisdiction. The video discusses this in relation to state actions, indicating the ICC's role in maintaining international peace and security.

💡Jurisdiction

Jurisdiction in the context of the ICC refers to the geographical and personal scope within which the court can exercise its authority. The video explains that the ICC can intervene when a state is unable or unwilling to prosecute accused criminals, but it requires states to extradite those indicted, which can pose challenges as seen with Omar Al-Bashir's case.

💡Preliminary Examinations

Preliminary examinations are a phase in the ICC's process where the Office of the Prosecutor assesses whether there is a reasonable basis to proceed with an investigation. The video mentions that the ICC has nine such examinations ongoing, indicating the court's proactive approach in identifying potential cases.

💡Indictment

An indictment is a formal charge against an individual by a court, such as the ICC, for alleged commission of a crime. The video notes that the ICC has indicted or formally charged over 40 individuals after conducting investigations, demonstrating the court's role in initiating legal proceedings against those accused of serious international crimes.

💡Sanctions

Sanctions are measures imposed to influence the behavior of a state or individual. In the video, it is mentioned that the U.S. imposed sanctions on several ICC officials, reflecting political tensions and the challenges the ICC faces in its efforts to prosecute individuals, especially when they involve powerful nations.

💡African Situations

The video points out that a significant number of the ICC's cases are from African countries, raising questions about the perceived disparity in the court's focus. This highlights ongoing debates about the ICC's geographical reach and the fairness of its investigations.

Highlights

The International Criminal Court (ICC) began its work in 2003.

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

Over 120 states are party to the Rome Statute, but the US, Russia, India, Israel, and China are not included.

The ICC is separate from the United Nations, despite being negotiated within it.

The ICC is located at The Hague in the Netherlands.

The ICC does not replace national courts but can intervene when states are unable or unwilling to prosecute.

The court deals with serious crimes such as genocide, war crimes, crimes against humanity, and the crime of aggression.

Genocide involves the intent to destroy a national, ethnic, racial, or religious group.

War crimes include breaches of the Geneva Conventions and other violations of laws and customs of armed conflicts.

Crimes against humanity involve a widespread or systematic attack directed against any civilian population.

The crime of aggression occurs when one state uses armed force against the sovereignty of another state.

For a case to begin at the ICC, the Office of the Prosecutor must determine if there's enough evidence and jurisdiction.

The ICC does not prosecute individuals under the age of 18 at the time the crime was committed.

The ICC only prosecutes individuals, not states or governments, except for the crime of aggression.

The ICC has nine preliminary examinations, 13 situations under investigation, and 28 cases.

More than 40 people have been indicted by the ICC, with eight convictions and two acquittals.

High-profile cases include those against Kenyan President Uhuru Kenyatta and Sudanese President Omar al-Bashir.

The ICC relies on states to extradite those indicted and does not have its own enforcement body.

The Trust Fund for Victims was created to implement reparations and provide support for victims and their families.

10 of the 13 situations under investigation by the ICC are from African countries.

The ICC is starting to investigate crimes in other regions, such as Colombia, Palestine, Ukraine, and the Philippines.

The US imposed sanctions on several ICC officials in response to investigations into US forces in Afghanistan.

The ICC faces elections in December for its next prosecutor and six new judges.

There is no mention of possible crimes in places like Yemen or Bahrain by the ICC.

Transcripts

the international criminal court what

exactly is it what is its role and is it

truly international let's find out

[Music]

the court began its work in 2003 but its

treaty the rome statute was adopted in

july 1998. more than 120 states are

party to the rome statute but that

doesn't include the us russia india

israel or china although this statute

was negotiated within the united nations

the icc is not actually a part of the un

it does however report annually to the

un general assembly it is also separate

from other un initiatives you may have

heard of such as the icty or the

international criminal tribunal for the

former yugoslavia which was set up to

deal with crimes committed during the

balkans conflicts of the 1990s located

at the hague in the netherlands the icc

is not meant to be a substitute for

national courts but it can intervene

when a state is unable or unwilling to

investigate and prosecute accused

criminals the court aims to deal with

the most serious crimes genocide war

crimes crimes against humanity and the

crime of aggression let's take a moment

to define these terms

[Music]

genocide is when someone has the intent

to destroy in part or in whole a

national ethnic racial or religious

group this can be done through killing

causing serious bodily or mental harm

imposing measures intended to prevent

births within the group and forcibly

transferring children of the group to

another group

war crimes include grave breaches of the

geneva conventions and other violations

of the laws and customs of armed

conflicts committed as part of a plan or

policy or on a large scale it includes

murder mutilation torture international

attacks on civilians sexual violence and

creating child soldiers it even includes

deliberate attacks on hospitals and

houses of worship then there are crimes

against humanity which are part of a

widespread or systematic attack directed

against any civilian population

including extermination enslavement

forcible transfer of a population force

sterilization and apartheid it occurs as

persecution of an identifiable group on

political racial national ethnic

cultural religious or gender grounds an

example is bosco netaganda who was

convicted by the icc on 13 counts of war

crimes and five counts of crimes against

humanity in the democratic republic of

congo including rape murder ethnic

persecution and deliberately targeting

civilians he's been sentenced to 30

years by the court but is appealing the

verdict

and then there's a crime of aggression

this happens when one state uses armed

force to plan initiate or execute and

act against the sovereignty of another

state

so what has the icc done so far for a

case to begin at the icc the office of

the prosecutor must determine if there's

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 the icc does

not prosecute anyone who was under the

age of 18 at the time the crime was

committed only prosecutes individuals

rather than states or governments except

for the crime of aggression and the

defendant is innocent until proven

guilty the defendant also has the right

to information in a language that he or

she fully understands a case closed

without a guilty verdict can be reopened

if new evidence is presented if a case

falls outside the jurisdiction of the

court the security council needs to

refer the case at the moment the court

has nine preliminary examinations 13

situations under investigation 28 cases

and 14 defendants at large the icc has

indicted or formally charged after

conducting an investigation more than 40

people convicted eight and acquitted two

individuals found guilty by the court

include jermaine katanga of the drc and

ahmed al-mahdi of mali high profile

cases include kenyan president uhuru

kenyatta ousted sudanese president omar

al-bashir and laura and simone bagbo the

former president of the ivory coast and

his wife then there are defendants whose

cases have been closed because of their

deaths like libya's former leader

muammar gaddafi and high-ranking lords

resistance army commander in uganda

raska liquia the court does not have its

own police or enforcement body and has

to rely on states to extradite those who

are indicted this can pose a problem as

in the case of omar al-bashir he was

charged in 2009 for crimes in sudan's

darfur region while he was a sitting

head of state it wasn't until this

february 11 years later that the

nation's current rulers agreed to hand

him over to the icc had they not agreed

to he still would not face trial and as

of now they still haven't extradited him

anyway there's also the trust fund for

victims that was created within the rome

statute to implement court-ordered

reparations and provide support for

victims and their families but is not

officially part of the court itself

it is interesting to note that 10 of the

13 situations under investigation are

all from african countries and all of

the 28 cases at the court some of them

now closed and the 14 defendants at

large are from an african nation even

though international crimes happen

across the globe the african union even

suggested a mass withdrawal of member

african states in 2017 over the

disparity there are now however

preliminary examinations underway for

crimes committed in colombia palestine

ukraine the philippines and for the uk's

role in the latest iraq war and the

three non-african situations under

investigation concern georgia the

rohingya muslims in myanmar and

bangladesh and the current war in

afghanistan it's this war in afghanistan

and a look at the situation in palestine

that has upset the united states

in june u.s president donald trump

signed an executive order imposing

sanctions on several icc officials as

far as america is concerned the icc has

no jurisdiction

no legitimacy

and no authority

secretary of state mike pompeo

officially announced the sanctions on

september 2nd against two officials

including icc chief prosecutor fatsu

bansuda saying the court was using

illegitimate attempts to subject

americans to its jurisdiction the u.n

secretary general expressed concern and

said that the u.n will continue to

closely follow the developments and

bensouda's native country of gambia has

urged the u.s to reverse the sanctions

on her and her top aide washington's

move comes in opposition to the icc's

ongoing investigations into crimes

committed by u.s forces in afghanistan

and the court's preliminary inquiry into

israeli crimes committed in the

palestinian territories the icc has

called the u.s sanctions unprecedented

and being used as threats and coercive

actions against it the trump

administration has called the

investigations illegitimate since the

u.s and israel have not ratified the

rome statute but the statute includes

jurisdiction of crimes committed by

non-parties on the territory of a state

that is party to the statute which

include both afghanistan and the

palestinian territories the u.s had

signed the rome statute during bill

clinton's presidency though it wasn't

ratified but it was later revoked by

george w bush the icc faces elections in

december for the court's next prosecutor

and six new judges most of its attention

has so far been in africa though it's

starting to reach out to other regions

but there's still no mention of possible

crimes in places like yemen or bahrain

committed by rich gulf monarchies the

u.n has warned that bahrain's arbitrary

detentions may constitute crimes against

humanity and on september 11th of this

year a u.n group of experts called on

the security council to refer the

situation in yemen to the icc is the icc

able to do its job without bigger

nations signing on what other options

are available

[Music]

you