International Criminal Court - ICC
Summary
TLDRThe 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
📜 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.
🔍 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.
Mindmap
Keywords
💡International Criminal Code
💡Genocide
💡Crimes Against Humanity
💡War Crimes
💡Rome Statute
💡Complementarity
💡Impunity
💡Nuremberg and Tokyo Tribunals
💡United Nations Security Council
💡States Parties
💡Due Process
💡Appeals Court
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
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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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