ICC: International Criminal Court

What is International Criminal Court (ICC)? What are its functions? What distinguishes the ICC from the International Court of Justice (ICJ)? Read here to know more.

Unlike the International Court of Justice, which hears disputes between states, the ICC handles prosecutions of individuals.

The International Criminal Court is a permanent court to prosecute serious international crimes based on Rome statute.

What is International Criminal Court (ICC)?

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The International Criminal Court (ICC) is an intergovernmental organisation and international tribunal headquartered in Hague.

It looks into and prosecutes those accused of heinous offences such as genocide, crimes against humanity, war crimes, and acts of aggression.

It is the first international criminal court that is permanently established.

How did it come into being?

The multi-member International Criminal Court (ICC) was initially suggested in July 1998 and was established in July 2002.

The Rome Statute, which served as its foundation document, became effective on July 1, 2002.

The International Criminal Court (ICC) seeks to hold offenders accountable for their crimes and contribute to their prevention through international criminal justice.

The International Criminal Court now has 123 member nations, while at least 42 nations have neither signed the treaty nor joined the organisation.

India, like the US and China, is not a party to the Rome Statute.

What is ICC’s Organisational Structure?

Assembly of States Parties:

• The Assembly of States Parties, which oversees and governs the Court, is made up of a single person from each state party.
• The Assembly of States Parties approves the ICC’s budget and chooses its judges and prosecutors.
• There is one vote for each state party, and “every effort” must be taken to establish a consensus. Voting is used to make decisions if consensus cannot be achieved.
• A president and two vice presidents are chosen by the members to serve three-year terms as the Assembly’s leaders.

Four organs:

• There are four organs of the International Criminal Court (ICC): Presidency, Judicial Division, Office of the Prosecutor and Registry.
• The ICC has established several field offices in the nations where investigations are taking place.
• The International Committee of the Red Cross (ICRC) is the organisation in charge of inspecting the detention facility where those arrested by the ICC are sent.
• The fact that it had a cooperation arrangement with the UN while not being a United Nations organisation must also be recognised.

What are its functions?

The ICC’s duties are structured to be consistent with the member states’ current judicial systems.

The International Criminal Court (ICC) can only prosecute a person when the country in question is unable to do so. Instead of replacing national courts, the ICC seeks to supplement them.

The ICC seeks to put an end to impunity and ensure that those who commit serious crimes against humanity are brought to justice.

It is controlled by the Rome Statute, an international law. The Statute becomes effective on July 1, 2002.

It uses English and French as its working languages. English, French, Arabic, Chinese, Spanish, and Russian are the six official tongues.

What about ICC’s Jurisdiction and Working?

The organisation can only continue its operations in the member nations because of the restricted jurisdiction of the ICC, which prevents it from exercising universal jurisdiction.

Genocide, crimes against humanity, war crimes, and aggression are the four international crimes over which the ICC has jurisdiction under the Rome Statute.

The following circumstances give rise to the ICC’s jurisdiction:

1. The ICC can use its jurisdiction on genocides that occurred after 1 July 2002.
2. The ICC can use its jurisdiction to look into a war crime if the crime is committed by one of its member countries or in such a country’s territory.
3. The ICC has jurisdiction over cases referred to by the United Nations Security Council.

What are the Limitations of the International Criminal Court (ICC)?

There are certain conditions and limitations to the functioning of the International Criminal Court:

• As there is no specialised police force or authority in place for the ICC, the organisation depends on several nations to arrest and transfer guilty parties to prison facilities.
• The selection of cases by the ICC is very selective
• Critics of the Court contend that there are insufficient safeguards against political prosecutions or other abuses, as well as inadequate checks and balances on the prosecutor and judges’ authority.
• The International Criminal Court has previously been charged with favouring powerful nations.
• The ICC is lacking in both human capital and financial resources.
• The ICC has come under fire for allegedly being biassed and acting as an instrument of Western imperialism, prosecuting primarily the leaders of tiny, helpless governments while disregarding the crimes perpetrated by wealthy and more robust ones.
• For the ICC to be functional, state participation is required. This makes it less effective since criminals may seize power and escape being brought to justice by the ICC.

India and International Criminal Court (ICC)

India chose not to ratify the Rome Statute due to national interests, state sovereignty, the difficulty in locating fair prosecutors, the difficulty in gathering evidence, and the difficulty in defining crime.

Even though particular nations do not have diplomatic connections with one another, international police collaboration is made possible via the International Criminal Police Organization (Interpol).

How is ICC Different from ICJ?

Article written by: Aseem Muhammed