International Criminal Court (ICC): Structure, Jurisdiction, and Global Implications for Justice

International Criminal Court (ICC): Introduction #

• Governed by an international treaty called ‘The Rome Statute’, the International Criminal Court is the world’s first permanent international criminal court.
• On 17 July, 1998 Rome Statute was adopted by 120 States in the direction of creating a more just world.
• On 1 July, 2002 Rome Statute took effect upon ratification by 60 states, officially establishing the International Criminal Court. Since it has no retroactive jurisdiction, the International Criminal Court deals with crimes committed on or after this date.
• It investigates and, where warranted, tries individuals charged with the gravest crimes of concern to the international community: genocide, war crimes, crimes against humanity and the crime of aggression.
• Through international criminal justice, the International Criminal Court aims to hold those responsible for their crimes and to help prevent these crimes from happening again.
• India is not a party to the Rome Statute along with the US and China.
• Recently Malaysia has ratified the Rome Statute And became the 124th State party to the ICC.

Organisation Structure of International Criminal Court (ICC) #

• The Assembly of States Parties provides management oversight for the Court, including electing judges and the Prosecutor and approving the ICC’s budget.
• Four organs of the International Criminal Court:
  • President Conducts external relations with States, coordinates judicial matters such as assigning judges, situations and cases to divisions, and oversees the Registry’s administrative work.
  • Judicial Divisions(18 judges in 3 divisions) Pre-Trial, Trial and Appeals – conduct judicial proceedings
  • The Office of the Prosecutor conducts preliminary examinations, investigations, and prosecutions.
  • Registry Conducts non-judicial activities, such as security, interpretation, outreach, support to Defence and victims’ lawyers etc.
• Trust Fund for Victims provides assistance, support and reparations to victims.
• The International Criminal Court has field offices in several of the countries in which investigations are being conducted.
• The International Criminal Court detention centre is used to hold in safe, secure and humane custody those detained by the International Criminal Court.
• The International Committee of the Red Cross (ICRC) is the Detention Centre’s inspecting authority and as such has unrestricted access and examine, on unannounced visits.

Jurisdiction and Working of International Criminal Court (ICC) #

• The Rome Statute, grants the ICC jurisdiction over four main crimes –
• The crimes were committed by a State Party national, or in the territory of a State party, or in a State that has accepted the jurisdiction of the court.
• The crimes were referred to the International Criminal Court Prosecutor by the UNSC pursuant to a resolution adopted under Chapter VII of the UN Charter.
• The ICC is intended to complement, not to replace, national criminal systems, it prosecutes cases only when States do not are unwilling or unable to do so genuinely.
• ICC is not a UN organisation but it has a cooperation agreement with the UN.
• When a situation is not within the Court’s jurisdiction, the UNSC can refer the situation to the International Criminal Court granting it jurisdiction.

India and International Criminal Court (ICC) #

India did not signed the Rome Statute, and thus, is not a member of International Criminal Court because of following reasons:

• State sovereignty
• National interests
• Difficulty in collection of evidences
• Problem to find impartial prosecutors
• Crime definition

Relevance of International Criminal Court (ICC): #

• Serve as a catalyst for strengthening domestic legal action in pursuit of justice and accountability for atrocities and international crimes.
• Act as a court of last resort with the capacity to prosecute individuals for genocide, crimes against humanity and war crimes, when national jurisdictions for any reason are unable or unwilling to do so.
• Have made particular advances in combating impunity in relation to crimes against children and women. Gender crimes were featured in the vast majority of ICC cases to date.
• Creating a nexus between justice and development by setting up a Trust Fund for Victims, which provides assistance to victims and their families to rebuild sustainable livelihoods.

Limitations of International Criminal Court (ICC): #

• As a judicial institution, the ICC does not have its own police force or enforcement body; thus, it relies on cooperation with countries worldwide for support, particularly for making arrests, transferring arrested persons to the ICC detention centre in The Hague, freezing suspects’ assets, and enforcing sentences.
• This State cooperation is problematic for several reasons. It means that the ICC acts inconsistently in its selection of cases, is prevented from taking on hard cases and loses legitimacy.
• It also gives the International Criminal Court less deterrent value, as potential perpetrators of war crimes know that they can avoid ICC judgment by taking over the government and refusing to cooperate.
• There are insufficient checks and balances on the authority of the International Criminal Court prosecutor and judges.
• ICC has been accused of being a tool of Western imperialism and biased in favour of powerful countries against weak states.
• ICC cannot impose a death sentence; it can impose lengthy terms of imprisonment of up to 30 years or life when so justified by the gravity of the cases.
• The ICC court has no retrospective jurisdiction as it can deal only with crimes committed after 1 July 2002 when the 1998 Rome Statute came into force.
• The International Criminal Court has automatic jurisdiction only for crimes committed on the territory of a state which has ratified the treaty; or by a citizen of such a state; or when the United Nations Security Council refers a case to it.
• Procedural and substantive deficiencies leading to delays and frustration, have questioned the efficacy of the court.
• It also faces scarcity of human resources and funds.

Way Forward: #

• States should actively encourage cooperation with ICC and support human rights defenders working towards international justice and the fulfilment of the International Criminal Court’s mandate.
• To enhance its credibility the court needs to broaden its ambit by including more permanent members of the UN and by strengthening investigations and prosecutions.
• ICC role is very important as international justice can contribute to long‐term peace, stability and equitable development in post‐conflict societies.
• Having said so, it is also important to know that the International Criminal Court actively works to build understanding and cooperation in all regions through seminars and conferences worldwide.