International Criminal Court - ICC

Summary

The video script introduces the International Criminal Court (ICC), established to investigate, prosecute, and try individuals accused of the most serious crimes such as genocide, crimes against humanity, and war crimes. The ICC operates on the principle of complementarity, aiming to end impunity and hold those responsible for their crimes accountable. It is governed by the Rome Statute, an international treaty that sets the court's jurisdiction, procedures, and cooperation mechanisms. The ICC is distinct from other international courts as it is permanent and autonomous, focusing on individual accountability rather than disputes between nations. Despite its importance, the ICC faces criticisms regarding its selectivity, efficacy, and transparency. The video concludes by inviting viewers to share their thoughts and stay tuned for more informative content.

Takeaways

• 📜 The International Criminal Code (ICC) is a permanent international court established to investigate, prosecute, and try individuals accused of the most serious crimes, such as genocide, crimes against humanity, and war crimes.
• 🌐 The ICC operates on a principle of complementarity, meaning it complements national jurisdictions and only acts when national courts are unable or unwilling to genuinely prosecute such crimes.
• 📜 The Rome Statute, adopted on July 17, 1998, is the treaty that established the ICC and defines the crimes within its jurisdiction, the rules of procedure, and the mechanisms for state cooperation.
• 🏛 The Assembly of State Parties, which includes countries that have accepted the Rome Statute, meets annually to set general policies and review the ICC's activities.
• 🔍 The ICC differs from other international courts as it has a permanent and autonomous nature, unlike ad hoc tribunals that deal with specific situations.
• ⚖️ The ICC is distinct from the International Court of Justice, which settles disputes between countries rather than trying individuals for crimes.
• 🚫 The ICC can only investigate and prosecute when national systems are unable or unwilling to do so, emphasizing the primary responsibility of states to try perpetrators of serious crimes.
• 🤔 Criticisms of the ICC include perceived unfair selectivity, with all of its 36 indicted individuals being African leaders, which some argue suggests a form of new colonialism.
• 💵 Despite a growing budget, the ICC has been questioned for its efficacy, having only successfully convicted two people as of the time of the script.
• 👨‍⚖️ There are calls for higher qualifications for ICC judges, requiring expertise in international law and prior trial experience.
• 📊 Some argue that the prosecutor's powers are too broad and that the statute may need amending to address concerns about the scope of indictments and the principle of complementarity.
• 🔓 The lack of transparency in the ICC's proceedings, with many sessions held in secret, has been criticized, and there is a call for the highest degree of transparency possible.

Q & A

What is the International Criminal Code?

The International Criminal Code refers to the legal framework established by the International Criminal Court (ICC) to investigate, prosecute, and try individuals accused of committing the most serious crimes of concern to the international community, such as genocide, crimes against humanity, and war crimes.

What is the role of the ICC in international criminal justice?

The ICC aims to hold those responsible for serious international crimes accountable, help prevent these crimes from happening again, and participate in a global fight to end impunity. It complements national jurisdictions rather than replacing them.

How is the ICC governed?

The ICC is governed by an international treaty called the Rome Statute. The treaty sets the crimes within the jurisdiction of the ICC, the rules of procedure, and the mechanisms for states to cooperate with the court.

What is the principle of complementarity in the context of the ICC?

The principle of complementarity means that the ICC can only investigate and prosecute individuals when national jurisdictions are unwilling or unable to genuinely do so. It gives priority to national systems and retains their primary responsibility for trying the perpetrators of serious crimes.

What are the criticisms faced by the ICC?

The ICC has faced criticisms of unfair selectivity, with all of its indictments being African leaders, which some argue implies new colonialism. Its efficacy has also been questioned due to a low conviction rate despite a high budget. Additionally, there are concerns about the qualifications of judges, the broad powers of the prosecutor, lack of transparency in proceedings, and the standards of due process.

What is the Rome Statute?

The Rome Statute is the treaty that established the International Criminal Court. It was adopted on July 17, 1998, during a conference of 160 states and sets out the crimes within the ICC's jurisdiction, the rules of procedure, and the mechanisms for state cooperation.

What is the relationship between the ICC and the United Nations?

The ICC is an independent body, but it has an institutional relationship with the United Nations. On October 4, 2004, the ICC and the UN signed an agreement governing their relationship, which does not grant the ICC the power to replace national criminal justice systems but to complement them.

How does the ICC differ from other international courts?

Unlike ad hoc tribunals for specific situations, such as those for the former Yugoslavia and Rwanda, the ICC is a permanent and autonomous court. It also differs from the International Court of Justice, which is the principal judicial organ of the UN for the settlement of disputes between countries, as the ICC's mission is to try individuals for crimes within its jurisdiction without a special mandate from the UN.

What is the Assembly of State Parties and what does it do?

The Assembly of State Parties is a body composed of the countries that have accepted the rules of the Rome Statute. It meets at least once a year to discuss the general policies for the administration of the ICC, review its activities, and adopt the ICC's annual budget.

Why was the ICC established?

The ICC was established in response to the commission of heinous crimes, such as those that occurred in the former Yugoslavia and Rwanda. These events had a significant impact on the decision to convene the conference that established the ICC in Rome in 1998, aiming to deal with such atrocities on a permanent basis.

What are some suggestions for improving the ICC?

Suggestions for improving the ICC include raising the bar for the qualifications of judges to require expertise in international law and prior trial experience, considering the creation of an appeals court outside of the ICC, and reviewing procedures to ensure the highest degree of transparency and adherence to due process standards.