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.

Outlines

00:00

📜 Introduction to the International Criminal Court (ICC)

The first paragraph introduces the International Criminal Court (ICC) as a permanent international legal body established to investigate, prosecute, and try individuals accused of the most serious crimes, such as genocide, crimes against humanity, and war crimes. The ICC aims to end impunity and hold those responsible accountable, complementing national legal systems rather than replacing them. It is governed by the Rome Statute, an international treaty, and its jurisdiction is based on the principle of complementarity. The paragraph also discusses the historical context leading to the creation of the ICC, including the aftermath of World War II and the atrocities in the former Yugoslavia and Rwanda.

05:02

🔍 Criticisms and Challenges of the ICC

The second paragraph addresses criticisms and challenges faced by the ICC. Despite its increasing budget, the court has only successfully convicted two people, leading to questions about the selection and expertise of its judges. Concerns are raised about the broad powers of the prosecutor and the lack of an appeals process outside the ICC. The paragraph also highlights the need for greater transparency in court proceedings and the importance of upholding the highest standards of due process. The video concludes by inviting viewers to share their thoughts on the ICC and to stay tuned for future content.

Keywords

💡International Criminal Code

The International Criminal Code refers to a set of laws that govern the prosecution of individuals for the most serious crimes of international concern. In the video, it is mentioned as a permanent international code established to investigate, prosecute, and try individuals accused of committing such crimes. It is central to the video's theme of international justice and accountability.

💡Genocide

Genocide is the intentional destruction of a national, ethnic, religious, or racial group. It is one of the gravest crimes within the jurisdiction of the International Criminal Court (ICC). The video discusses the crime of genocide in the context of the ICC's mandate to hold individuals accountable for such heinous acts.

💡Crimes Against Humanity

Crimes against humanity are certain acts that are deliberately committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack. The video emphasizes the ICC's role in prosecuting individuals charged with these crimes, which are a key focus of the court's work.

💡War Crimes

War crimes are serious violations of the laws and customs of war that occur in the context of an international or internal armed conflict. The video outlines the ICC's responsibility to prosecute individuals for such crimes, which are among the most serious offenses that concern the international community.

💡Rome Statute

The Rome Statute is the treaty that established the International Criminal Court. It sets out the crimes within the ICC's jurisdiction, the rules of procedure, and the mechanisms for states to cooperate with the court. The video explains that the Rome Statute is a foundational document that governs the functioning of the ICC.

💡Complementarity

The principle of complementarity is a cornerstone of the ICC's operations. It means that the ICC can only exercise its jurisdiction when national courts are unable or unwilling to genuinely prosecute individuals for the crimes within its jurisdiction. The video discusses this principle as a way the ICC seeks to complement, not replace, national legal systems.

💡Impunity

Impunity refers to the situation where individuals who have committed crimes are not held accountable for their actions. The video highlights the ICC's global fight to end impunity, emphasizing the court's aim to hold those responsible for serious crimes accountable and to prevent such crimes from recurring.

💡Nuremberg and Tokyo Tribunals

The Nuremberg and Tokyo Tribunals were established after World War II to prosecute war crimes and crimes against humanity. The video mentions these tribunals as precursors to the ICC, noting their significance in the development of international criminal justice.

💡United Nations Security Council

The United Nations Security Council plays a role in the establishment of ad hoc tribunals for specific situations, such as the International Criminal Tribunals for the former Yugoslavia and Rwanda. The video references the Security Council's response to atrocities in these regions, which influenced the creation of the ICC.

💡States Parties

States Parties are countries that have ratified the Rome Statute and are thus members of the International Criminal Court. They are represented in the Assembly of States Parties, which sets the general policies for the administration of the court and reviews its activities. The video explains the role of States Parties in the governance and operation of the ICC.

💡Due Process

Due process refers to the fundamental principle that legal proceedings must be fair and that individuals must be given notice and an opportunity to be heard before the law. The video discusses criticisms regarding the ICC's adherence to the highest standards of due process, emphasizing the need for transparency and fairness in the court's proceedings.

💡Appeals Court

An appeals court is a higher tribunal that reviews the decisions of lower courts. The video suggests the consideration of creating an appeals court outside of the ICC to address concerns about the lack of an avenue for appeal from ICC decisions, which could enhance the court's judicial process.

Highlights

International Criminal Code is established to investigate, prosecute, and try individuals accused of the most serious crimes of concern to the international community.

The crimes within the jurisdiction of the International Criminal Court (ICC) include genocide, crimes against humanity, war crimes, and the crime of aggression.

The ICC aims to end impunity and hold those responsible for grave crimes accountable, helping to prevent such crimes from recurring.

The ICC is governed by an international treaty, the Rome Statute, and is the world's first permanent International Criminal Court.

The principle of complementarity allows the ICC to try individuals only when national jurisdictions are unable or unwilling to genuinely prosecute.

The crime of genocide is characterized by the intent to destroy a national, ethnic, religious, or racial group.

The Nuremberg and Tokyo tribunals were established post-World War II, highlighting the need for a permanent international court to deal with atrocities.

The United Nations General Assembly recognized the need for a permanent International Criminal Court after the adoption of the Convention on the Prevention and Punishment of the Crime of Genocide.

The establishment of the ICC was influenced by the atrocities committed in the former Yugoslavia and Rwanda, leading to the creation of ad hoc tribunals for each situation.

The Rome Statute was established on July 17, 1998, by a conference of 160 states, setting the framework for the ICC's jurisdiction, procedures, and state cooperation.

States that have accepted the Rome Statute's rules are known as states parties and are represented in the Assembly of State Parties.

The ICC differs from other international courts as it is permanent and autonomous, whereas others like the ad hoc tribunals for the former Yugoslavia and Rwanda have a limited mandate.

The ICC is distinct from the International Court of Justice, which settles disputes between countries rather than trying individuals for crimes.

The ICC complements national criminal justice systems and can only act when national jurisdictions are inadequate or unwilling to prosecute.

Critics argue that the ICC has shown unfair selectivity, with all 36 of its indicted individuals being African leaders, suggesting potential bias.

The ICC's efficacy has been questioned, with a large budget and few successful convictions, indicating a need for higher standards in the selection of judges.

Some argue that the prosecutor's powers are too broad and that the ICC should not have the right to indict persons from non-signatory nations without their consent.

The ICC's lack of transparency, with many core sessions held in secret, has been criticized, and there is a call for the highest degree of transparency possible.

Concerns have been raised about the ICC's adherence to due process standards, and if these are found lacking, they must be corrected.

Transcripts

to get regular updates subscribe to our

Channel and click on the bell icon hello

friends this is Manohar Vera from

examing and in this session we are going

to learn about International Criminal

Code

International Criminal Code is a

permanent international code established

to investigate prosecute and try

individuals accused of committing the

most serious crimes of concern to the

international community as a whole

namely the claim of genocide crimes

against humanity war crimes and the

crime of aggression code investigates

and the warrant

tries individuals charged with the

gravest crimes of concern to the

international community genocide war

crimes and crimes against humanity

the court is participating in a global

fight to end impunity and throw

International Criminal Justice the court

aims to hold those responsible

accountable for their crimes and to help

prevent these crimes from happening

again

the court cannot reach these goals alone

as a court of last resort it seeks to

complement not replace national codes

governed by an international treaty

called the Rome Statute the ICC is the

world's first permanent International

Criminal Court ICC prosecutes

perpetrators of crime against humanity

war crimes and genocide on the principle

of complementarity the crime of genocide

is characterized by the intent to

destroy a national ethnic religious or

racial group by killing its members by

other means why I see is easy

established some of the most heinous

crimes were committed during the

conflicts which marked the 20th century

unfortunately many of these violations

of international law have remained

unpunished

the Nuremberg and Tokyo tribunals were

established in the wake of the Second

World War in 1948 when the Convention on

the prevention of punishment of the

crime of genocide was adopted the United

Nations General Assembly recognized the

need for a permanent International coat

deal with the kind of atrocities which

had just been perpetrated the idea of a

system of international criminal justice

reimagine after the end of Cold War

however while negotiations and ICC

statute were underway at the United

Nations the world was witnessing the

commission of heinous crimes in the

territory of the former Yugoslavia and

Rwanda in response to these atrocities

the United Nations Security Council

mr. dog Tribunal for each of these

situations these events undoubtedly had

most significant impact on the decision

to convene the conference which

established the ICC in Rome in the

summer of 1998 so what is Rome Statute

and 17 July 1998 their conference of 160

states established the first treaty

based permanent International Criminal

Court the treaty adopted during the

conference is known as the Rome Statute

of the International Criminal Court

among other things it sets of the crimes

falling within the jurisdiction of the

ICC the rules of procedure and the

mechanisms for states to cooperate with

ICC the countries which have accepted

these rules are known as states of

parties and are represented in the

Assembly of state parties the Assembly

of state parties which meets at least

once a year says the general policies

for the administration of the code and

reviews its activities during those

meetings the State Parties review the

activities of working groups established

by the states and any other issues

relevant to the ICC discuss new projects

and adopt ICC's annual budget how it is

differing from the other international

courts the ICC is a permanent autonomous

code whereas the Adak Tribunal for the

former Yugoslavia and Rwanda as well as

other similar codes established within

the framework of the United Nations to

deal with specific situations only have

a limited mandate and zero detection the

ICC which tries individuals is also

different from the International Court

of Justice which is a principle judicial

organ of the United Nations for the

settlement of disputes between countries

as chains the other Tribunal for the

former Yugoslavia and the International

Court of Justice also have their seats

in the head the ICC is an independent

body whose mission is to try individuals

for crimes within the jurisdiction

without the need for a special mandate

from the United Nations on 4th of

October 2004 the ICC and with United

Nations signed an agreement governing

their institutional relationship the

ISIS it does not replace national

criminal justice systems rather it

complements them it can investigate

unwarranted prosecute and try

individuals only the state concern does

not a cannot or is unwilling genuinely

to do so this might occur where

proceedings are unduly delayed or

intended to see

individuals from that criminal

responsibility this is known as the

principle of complementarity and which

priority is given to the national

systems states retain primary

responsibility for trying the

perpetrators of the most serious of

crimes so there are criticisms about ICC

those were the creation of the ISIS he

was partly an attempt to answer

criticisms of imperialism or bias but

the fact that of the 36 people the ICC

has inducted in the entirety of its

existence all 36 have been African

leaders this implies unfair selectivity

at best and smacks of new colonialism at

worst

Isis's efficacy has also become under

scrutiny for a start despite its growing

budget which in 2015 alone is projected

to top 152 million dollars the court has

only successfully convicted two people

it has been argued that the bar of

qualification of judges need to be

higher requiring expertise in

international law and prayer trial

experience it is unquestionably

desirable that the judges be of the

highest calibre possible and have such

experience some argue that the power of

prosecutor are too broad it should be

pointed out that these were established

by the statute and would require

amending to be changed in particular

some have argued that the prosecutor

should not have a right to index persons

whose nations are not signatory

however this appears to be a

misunderstanding as the statute limits

indictment to in signatories or other

nations which have agreed to an

indictment even if they are not

signatory there is no appeal to a higher

court it might be worth considering the

creation of an appeals court outside of

the ICC there are legitimate complains

about lack of transparency many of the

core sessions and proceedings are held

in secret while there may be legitimate

reasons for some of these like

protection of witnesses into a layer

like that the highest degree of

transparency possible is required and

the court needs to review its procedures

in this regard some critics have argued

that the standards of due process were

not up to the highest standards of

practice if this is the gates it must be

corrected what happens we have learned

about your feelings on International

Criminal Code on this session we will be

coming back with another video in

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