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International Criminal Court
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Not to be confused with the International Court of Justice (ICJ).
International Criminal Court
Cour pénale internationale (French)
Official logo
Parties and signatories of the Rome Statute
State party
States that were parties but withdrew
Signatory that has not ratified
Signatory that subsequently withdrew its signature
Non-state party, non-signatory
Seat
The Hague, Netherlands
Working languages
English
French
Official languages[1]
6 languages[show]
Arabic
Chinese
English
French
Russian
Spanish
Member states
123
Leaders
• President
Chile Eboe-Osuji
• Prosecutor
Fatou Bensouda
• Registrar
Herman von Hebel
Establishment
• Rome Statute adopted
17 July 1998
• Entered into force
1 July 2002
Website
www.icc-cpi.int
The current premises of the International Criminal Court in The Hague, Netherlands. The ICC moved into this building in December 2015
The International Criminal Court (ICC or ICCt)[2] is an intergovernmental organization and international tribunal that sits in The Hague in the Netherlands. The ICC has the jurisdiction to prosecute individuals for the international crimes of genocide, crimes against humanity, and war crimes. The ICC is intended to complement existing national judicial systems and it may therefore only exercise its jurisdiction when certain conditions are met, such as when national courts are unwilling or unable to prosecute criminals or when the United Nations Security Council or individual states refer situations to the Court. The ICC began functioning on 1 July 2002, the date that the Rome Statute entered into force. The Rome Statute is a multilateral treaty which serves as the ICC's foundational and governing document. States which become party to the Rome Statute, for example by ratifying it, become member states of the ICC. Currently, there are 123 states which are party to the Rome Statute and therefore members of the ICC.
The ICC has four principal organs: the Presidency, the Judicial Divisions, the Office of the Prosecutor, and the Registry. The President is the most senior judge chosen by his or her peers in the Judicial Division, which hears cases before the Court. The Office of the Prosecutor is headed by the Prosecutor who investigates crimes and initiates proceedings before the Judicial Division. The Registry is headed by the Registrar and is charged with managing all the administrative functions of the ICC, including the headquarters, detention unit, and public defense office.
The Office of the Prosecutor has opened ten official investigations and is also conducting an additional eleven preliminary examinations. Thus far, 39 individuals have been indicted in the ICC, including Ugandan rebel leader Joseph Kony, Sudanese president Omar al-Bashir, Kenyan president Uhuru Kenyatta, Libyan leader Muammar Gaddafi, Ivorian president Laurent Gbagbo, and Congolese vice-president Jean-Pierre Bemba.
Contents
[hide]
1 History
2 Structure
2.1 State parties
2.1.1 Assembly of States Parties
2.2 Organs of the Court
2.2.1 Presidency
2.2.2 Judicial Divisions
2.2.3 Office of the Prosecutor
2.2.3.1 Policy Paper
2.2.3.1.1 Environmental crimes
2.2.4 Registry
3 Jurisdiction and admissibility
3.1 Subject-matter jurisdiction requirements
3.1.1 Genocide
3.1.2 Crimes against humanity
3.1.3 War crimes
3.1.4 Crimes of aggression
3.1.5 Offences against the administration of justice
3.2 Territorial or personal jurisdiction requirements
3.2.1 Territorial jurisdiction
3.2.2 Personal jurisdiction
3.3 Temporal jurisdiction requirements
3.4 Admissibility requirements
3.4.1 Complementarity
3.4.2 Gravity
3.4.3 Interests of justice
4 Procedure
4.1 Trial
4.2 Rights of the accused
4.3 Victim participation
4.4 Reparations
4.5 Co-operation by states not party to Rome Statute
4.6 Amnesties and national reconciliation processes
5 Facilities
5.1 Headquarters
5.1.1 Development
5.1.2 Architecture
5.1.3 Provisional headquarters, 2002–2015
5.2 Detention centre
5.3 Other offices
6 Finance
7 Trial history to date
8 Investigations and preliminary examinations
9 Relationships
9.1 United Nations
9.2 Nongovernmental organizations
10 Criticisms
10.1 Accusations of Western imperialism from Africa
10.2 AU withdrawal proposal
10.3 Checks and balances
10.4 Limitations
10.5 Unintentional consequences
10.6 State cooperation
10.7 Questioning the true application of the principle of complementarity
11 See also
12 References
13 Further reading
14 External links
History[edit]
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The establishment of an international tribunal to judge political leaders accused of international crimes was first proposed during the Paris Peace Conference in 1919 following the First World War by the Commission of Responsibilities. The issue was addressed again at a conference held in Geneva under the auspices of the League of Nations in 1937, which resulted in the conclusion of the first convention stipulating the establishment of a permanent international court to try acts of international terrorism. The convention was signed by 13 states, but none ratified it and the convention never entered into force.
Following the Second World War, the allied powers established two ad hoc tribunals to prosecute axis power leaders accused of war crimes. The International Military Tribunal, which sat in Nuremberg, prosecuted German leaders while the International Military Tribunal for the Far East in Tokyo prosecuted Japanese leaders. In 1948 the United Nations General Assembly first recognised the need for a permanent international court to deal with atrocities of the kind prosecuted after the Second World War.[3] At the request of the General Assembly, the International Law Commission (ILC) drafted two statutes by the early 1950s but these were shelved during the Cold War, which made the establishment of an international criminal court politically unrealistic.[4]
Benjamin B. Ferencz, an investigator of Nazi war crimes after the Second World War, and the Chief Prosecutor for the United States Army at the Einsatzgruppen Trial, became a vocal advocate of the establishment of international rule of law and of an international criminal court. In his first book published in 1975, entitled Defining International Aggression: The Search for World Peace, he advocated for the establishment of such a court.[5] A second major advocate was Robert Kurt Woetzel, who co-edited Toward a Feasible International Criminal Court in 1970 and created the Foundation for the Establishment of an International Criminal Court in 1971.
In June 1989 Prime Minister of Trinidad and Tobago A. N. R. Robinson revived the idea of a permanent international criminal court by proposing the creation of such a court to deal with the illegal drug trade.[4][6] Following Trinidad and Tobago's proposal, the General Assembly tasked the ILC with once again drafting a statute for a permanent court.[7] While work began on the draft, the United Nations Security Council established two ad hoc tribunals in the early 1990s. The International Criminal Tribunal for the former Yugoslavia was created in 1993 in response to large-scale atrocities committed by armed forces during Yugoslav Wars, and the International Criminal Tribunal for Rwanda was created in 1994 following the Rwandan Genocide. The creation of these tribunals further highlighted the need for a permanent international criminal court.[8]
In 1994, the ILC presented its final draft statute for the International Criminal Court to the General Assembly and recommended that a conference be convened to negotiate a treaty that would serve as the Court's statute.[9] To consider major substantive issues in the draft statute, the General Assembly established the Ad Hoc Committee on the Establishment of an International Criminal Court, which met twice in 1995. After considering the Committee's report, the General Assembly created the Preparatory Committee on the Establishment of the ICC to prepare a consolidated draft text. From 1996 to 1998, six sessions of the Preparatory Committee were held at the United Nations headquarters in New York City, during which NGOs provided input and attended meetings under the umbrella organisation of the Coalition for an ICC (CICC). In January 1998, the Bureau and coordinators of the Preparatory Committee convened for an Inter-Sessional meeting in Zutphen in the Netherlands to technically consolidate and restructure the draft articles into a draft.
Finally the General Assembly convened a conference in Rome in June 1998, with the aim of finalizing the treaty to serve as the Court's statute. On 17 July 1998, the Rome Statute of the International Criminal Court was adopted by a vote of 120 to 7, with 21 countries abstaining. The seven countries that voted against the treaty were China, Iraq, Israel, Libya, Qatar, the United States, and Yemen.[10] Following 60 ratifications, the Rome Statute entered into force on 1 July 2002 and the International Criminal Court was formally established.[11] The first bench of 18 judges was elected by the Assembly of States Parties in February 2003. They were sworn in at the inaugural session of the Court on 11 March 2003.[12]
The Court issued its first arrest warrants on 8 July 2005,[13] and the first pre-trial hearings were held in 2006.[14] The Court issued its first judgment in 2012 when it found Congolese rebel leader Thomas Lubanga Dyilo guilty of war crimes related to using child soldiers.[15]
In 2010 the states parties of the Rome Statute held the first Review Conference of the Rome Statute of the International Criminal Court in Kampala, Uganda. There they adopted two amendments to the Statute. The second amendment defined the crime of aggression and outlined the procedure by which the ICC could prosecute individuals. However, the conditions outlined in the amendment have not yet been met and the ICC can not yet exercise jurisdiction over crimes of aggression.
In October 2016, after repeated claims that the court was biased against African states, Burundi, South Africa and the Gambia announced their withdrawals from the Rome Statute.[16] However, following Gambia's presidential election later that year, which ended the long rule of Yahya Jammeh, Gambia rescinded its withdrawal notification.[17] Subsequent to a ruling of the High Court of South Africa, in early 2017, that the country's withdrawal would be unconstitutional, the South African government informed the United Nations, on 7 March 2017, that it was revoking its decision to withdraw.[18]
Experts believe that Kenya, Namibia, and Uganda may soon follow in withdrawing from the court, while South Africa is still committed to withdrawing, leading to a mass African exodus.[16][19]
President Rodrigo Duterte announced on March 14, 2018 that the Philippines will start to submit plans for its withdrawal in the ICC.[20]
Structure[edit]
The ICC is governed by an Assembly of States Parties, which is made up of the states which are party to the Rome Statute.[21] The Assembly elects officials of the Court, approves its budget, and adopts amendments to the Rome Statute. The Court itself, however, is composed of four organs: the Presidency, the Judicial Divisions, the Office of the Prosecutor, and the Registry.[22]
State parties[edit]
Main article: States parties to the Rome Statute of the International Criminal Court
As of October 2017[update], 123 states[23] are parties to the Statute of the Court, including all the countries of South America, nearly all of Europe, most of Oceania and roughly half of Africa.[24] Burundi was a member state, but withdrew effective 27 October 2017.[25] A further 31 countries[23] have signed but not ratified the Rome Statute.[24] The law of treaties obliges these states to refrain from "acts which would defeat the object and purpose" of the treaty until they declare they do not intend to become a party to the treaty.[26] Four signatory states—Israel, Sudan, the United States and Russia[27]—have informed the UN Secretary General that they no longer intend to become states parties and, as such, have no legal obligations arising from their signature of the Statute.[24][28]
41 United Nations member states[23] have neither signed nor acceded to the Rome Statute. Some of them, including China and India, are critical of the Court.[29][30] Ukraine, a non-ratifying signatory, has accepted the Court's jurisdiction for a period starting in 2013.[31]
Assembly of States Parties[edit]
The Court's management oversight and legislative body, the Assembly of States Parties, consists of one representative from each state party.[32] Each state party has one vote and "every effort" has to be made to reach decisions by consensus.[32] If consensus cannot be reached, decisions are made by vote.[32] The Assembly is presided over by a president and two vice-presidents, who are elected by the members to three-year terms.
The Assembly meets in full session once a year, alternating between New York and The Hague, and may also hold special sessions where circumstances require.[32] Sessions are open to observer states and non-governmental organizations.[33]
The Assembly elects the judges and prosecutors, decides the Court's budget, adopts important texts (such as the Rules of Procedure and Evidence), and provides management oversight to the other organs of the Court.[21][32] Article 46 of the Rome Statute allows the Assembly to remove from office a judge or prosecutor who "is found to have committed serious misconduct or a serious breach of his or her duties" or "is unable to exercise the functions required by this Statute".[34]
The states parties cannot interfere with the judicial functions of the Court.[35] Disputes concerning individual cases are settled by the Judicial Divisions.[35]
In 2010, Kampala, Uganda hosted the Assembly's Rome Statute Review Conference.[36]
Organs of the Court[edit]
The Court has four organs: the Presidency, the Judicial Division, the Office of the Prosecutor, and the Registry.
Presidency[edit]
Main article: Presidency of the International Criminal Court
Song Sang-Hyun was President of the Court from 2009 to 2015
The Presidency is responsible for the proper administration of the Court (apart from the Office of the Prosecutor).[37] It comprises the President and the First and Second Vice-Presidents—three judges of the Court who are elected to the Presidency by their fellow judges for a maximum of two three-year terms.[38] The current president is Chile Eboe-Osuji who was elected 11 March 2018, succeeding Silvia Fernández de Gurmendi (first female president).[39][40]
Judicial Divisions[edit]
Main article: Judges of the International Criminal Court
The Judicial Divisions consist of the 18 judges of the Court, organized into three chambers—the Pre-Trial Chamber, Trial Chamber and Appeals Chamber—which carry out the judicial functions of the Court.[41] Judges are elected to the Court by the Assembly of States Parties.[41] They serve nine-year terms and are not generally eligible for re-election.[41] All judges must be nationals of states parties to the Rome Statute, and no two judges may be nationals of the same state.[42] They must be "persons of high moral character, impartiality and integrity who possess the qualifications required in their respective States for appointment to the highest judicial offices".[42]
The Prosecutor or any person being investigated or prosecuted may request the disqualification of a judge from "any case in which his or her impartiality might reasonably be doubted on any ground".[43] Any request for the disqualification of a judge from a particular case is decided by an absolute majority of the other judges.[43] A judge may be removed from office if he or she "is found to have committed serious misconduct or a serious breach of his or her duties" or is unable to exercise his or her functions.[34] The removal of a judge requires both a two-thirds majority of the other judges and a two-thirds majority of the states parties.[34]
Office of the Prosecutor[edit]
Main article: Prosecutor of the International Criminal Court
ICC prosecutors Fatou Bensouda and Luis Moreno Ocampo, with Estonia's Minister of Foreign Affairs, Urmas Paet, in 2012
The Office of the Prosecutor (OTP) is responsible for conducting investigations and prosecutions.[44] It is headed by the Chief Prosecutor, who is assisted by one or more Deputy Prosecutors.[22] The Rome Statute provides that the Office of the Prosecutor shall act independently;[45] as such, no member of the Office may seek or act on instructions from any external source, such as states, international organisations, non-governmental organisations or individuals.[44]
The Prosecutor may open an investigation under three circumstances:[44]
when a situation is referred to him or her by a state party;
when a situation is referred to him or her by the United Nations Security Council, acting to address a threat to international peace and security; or
when the Pre-Trial Chamber authorises him or her to open an investigation on the basis of information received from other sources, such as individuals or non-governmental organisations.
Any person being investigated or prosecuted may request the disqualification of a prosecutor from any case "in which their impartiality might reasonably be doubted on any ground".[45] Requests for the disqualification of prosecutors are decided by the Appeals Chamber.[45] A prosecutor may be removed from office by an absolute majority of the states parties if he or she "is found to have committed serious misconduct or a serious breach of his or her duties" or is unable to exercise his or her functions.[34] However, critics of the Court argue that there are "insufficient checks and balances on the authority of the ICC prosecutor and judges" and "insufficient protection against politicized prosecutions or other abuses".[46] Henry Kissinger says the checks and balances are so weak that the prosecutor "has virtually unlimited discretion in practice".[47] Some efforts have been made to hold Kissinger himself responsible for perceived injustices of American foreign policy during his tenure in government.[48]
As of 16 June 2012, the Prosecutor has been Fatou Bensouda of Gambia, who had been elected as the new Prosecutor on 12 December 2011.[49] She has been elected for nine years.[44] Her predecessor, Luis Moreno Ocampo of Argentina, had been in office from 2003 to 2012.
Policy Paper[edit]
A Policy Paper is a document published by the Office of the Prosecutor occasionally where the particular considerations given to the topics in focus of the Office and often criteria for case selection are stated.[50] While a policy paper does not give the Court jurisdiction over a new category of crimes, it promises what the Office of Prosecutor will consider when selecting cases in the upcoming term of service. OTP's policy papers are subject to revision.[51]
The five following Policy Papers have been published since the start of the ICC:
1 September 2007: Policy Paper on the Interest of Justice[52]
12 April 2010: Policy Paper on Victims' Participation[53]
1 November 2013: Policy Paper on Preliminary Examinations[54]
20 June 2014: Policy Paper on Sexual and Gender-Based Crimes[55]
15 September 2016: Policy paper on case selection and prioritisation[56]
Environmental crimes[edit]
On the Policy Paper published in September 2016 it was announced that the International Criminal Court will focus on environmental crimes when selecting the cases.[57] According to this document, the Office will give particular consideration to prosecuting Rome Statute crimes that are committed by means of, or that result in, "inter alia, the destruction of the environment, the illegal exploitation of natural resources or the illegal dispossession of land".[58]
This has been interpreted as a major shift towards the environmental crimes[59][60] and a move with significant effects.[61][62]
Registry[edit]
The Registry is responsible for the non-judicial aspects of the administration and servicing of the Court.[63] This includes, among other things, "the administration of legal aid matters, court management, victims and witnesses matters, defence counsel, detention unit, and the traditional services provided by administrations in international organisations, such as finance, translation, building management, procurement and personnel".[63] The Registry is headed by the Registrar, who is elected by the judges to a five-year term.[22] The current Registrar is Herman von Hebel, who was elected on 8 March 2013.[64]
Jurisdiction and admissibility[edit]
The Rome Statute requires that several criteria exist in a particular case before an individual can be prosecuted by the Court. The Statute contains three jurisdictional requirements and three admissibility requirements. All criteria must be met for a case to proceed.
There are three jurisdictional requirements in the Rome Statute that must be met before a case may begin against an individual. The requirements are (1) subject-matter jurisdiction (what acts constitute crimes), (2) territorial or personal jurisdiction (where the crimes were committed or who committed them), and (3) temporal jurisdiction (when the crimes were committed).
Subject-matter jurisdiction requirements[edit]
The Court's subject-matter jurisdiction means the crimes for which individuals can be prosecuted. Individuals can only be prosecuted for crimes that are listed in the Statute. The primary crimes are listed in article 5 of the Statute and defined in later articles: genocide (defined in article 6), crimes against humanity (defined in article 7), war crimes (defined in article 8), and crimes of aggression (defined in article 8 bis) (which is not yet within the jurisdiction of the Court; see below).[65] In addition, article 70 defines offences against the administration of justice, which is a fifth category of crime for which individuals can be prosecuted.
Genocide[edit]
Article 6 defines the crime of genocide as "acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group".[66] There are five such acts which constitute crimes of genocide under article 6:[67]
Killing members of a group
Causing serious bodily or mental harm to members of the group
Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction
Imposing measures intended to prevent births within the group
Forcibly transferring children of the group to another group
The definition of these crimes is identical to those contained within the Convention on the Prevention and Punishment of the Crime of Genocide of 1948.
Crimes against humanity[edit]
Article 7 defines crimes against humanity as acts "committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack".[68] The article lists 16 such as individual crimes:[69]
Murder
Extermination
Enslavement
Deportation or forcible transfer of population
Imprisonment or other severe deprivation of physical liberty
Torture
Rape
Sexual slavery
Enforced prostitution
Forced pregnancy
Enforced sterilization
Sexual violence
Persecution
Enforced disappearance of persons
Apartheid
Other inhumane acts
War crimes[edit]
Article 8 defines war crimes depending on whether an armed conflict is either international (which generally means it is fought between states) or non-international (which generally means that it is fought between non-state actors, such as rebel groups, or between a state and such non-state actors). In total there are 74 war crimes listed in article 8.[69] The most serious crimes, however, are those that constitute either grave breaches of the Geneva Conventions of 1949, which only apply to international conflicts,[69] and serious violations of article 3 common to the Geneva Conventions of 1949, which apply to non-international conflicts.[70]
There are 11 crimes which constitute grave breaches of the Geneva Conventions and which are applicable only to international armed conflicts:[69]
Willful killing
Torture
Inhumane treatment
Biological experiments
Willfully causing great suffering
Destruction and appropriation of property
Compelling service in hostile forces
Denying a fair trial
Unlawful deportation and transfer
Unlawful confinement
Taking hostages
There are seven crimes which constitute serious violations of article 3 common to the Geneva Conventions and which are applicable only to non-international armed conflicts:[69]
Murder
Mutilation
Cruel treatment
Torture
Outrages upon personal dignity
Taking hostages
Sentencing or execution without due process
Additionally, there are 56 other crimes defined by article 8: 35 that apply to international armed conflicts and 21 that apply to non-international armed conflicts.[69] Such crimes include attacking civilians or civilian objects, attacking peacekeepers, causing excessive incidental death or damage, transferring populations into occupied territories, treacherously killing or wounding, denying quarter, pillaging, employing poison, using expanding bullets, rape and other forms of sexual violence, and conscripting or using child soldiers.[71]
Crimes of aggression[edit]
Article 8 bis defines crimes of aggression; however, the Court is not yet able to prosecute individuals for these crimes. The Statute originally provided that the Court could not exercise its jurisdiction over the crime of aggression until such time as the states parties agreed on a definition of the crime and set out the conditions under which it could be prosecuted.[3][72] Such an amendment was adopted at the first review conference of the ICC in Kampala, Uganda, in June 2010. However, this amendment specified that the ICC would not be allowed to exercise jurisdiction of the crime of aggression until two further conditions had been satisfied: (1) the amendment has entered into force for 30 states parties and (2) on or after 1 January 2017, the Assembly of States Parties has voted in favor of allowing the Court to exercise jurisdiction.
The Statute, as amended, defines the crime of aggression as "the planning, preparation, initiation or execution, by a person in a position effectively to exercise control over or to direct the political or military action of a State, of an act of aggression which, by its character, gravity and scale, constitutes a manifest violation of the Charter of the United Nations."[73] The Statute defines an "act of aggression" as "the use of armed force by a State against the sovereignty, territorial integrity or political independence of another State, or in any other manner inconsistent with the Charter of the United Nations."[74] The article also contains a list of seven acts of aggression, which are identical to those in United Nations General Assembly Resolution 3314 of 1974 and include the following acts when committed by one state against another state:[75]
Invasion or attack by armed forces against territory
Military occupation of territory
Annexation of territory
Bombardment against territory
Use of any weapons against territory
Blockade of ports or coasts
Attack on the land, sea, or air forces or marine and air fleets
The use of armed forces which are within the territory of another state by agreement, but in contravention of the conditions of the agreement
Allowing territory to be used by another state to perpetrate an act of aggression against a third state
Sending armed bands, groups, irregulars, or mercenaries to carry out acts of armed force
Offences against the administration of justice[edit]
Article 70 criminalizes certain intentional acts which interfere with investigations and proceedings before the Court, including giving false testimony, presenting false evidence, corruptly influencing a witness or official of the Court, retaliating against an official of the Court, and soliciting or accepting bribes as an official of the Court.[76]
Territorial or personal jurisdiction requirements[edit]
For an individual to be prosecuted by the Court either territorial jurisdiction or personal jurisdiction must exist. Therefore, an individual can only be prosecuted if he or she has either (1) committed a crime within the territorial jurisdiction of the Court or (2) committed a crime while a national of a state that is within the territorial jurisdiction of the Court.
Territorial jurisdiction[edit]
The territorial jurisdiction of the Court includes the territory, registered vessels, and registered aircraft of states which have either (1) become party to the Rome Statute or (2) accepted the Court's jurisdiction by filing a declaration with the Court.[77]
In situations that are referred to the Court by the United Nations Security Council, the territorial jurisdiction is defined by the Security Council, which may be more expansive than the Court's normal territorial jurisdiction.[78] For example, if the Security Council refers a situation that took place in the territory of a state that has both not become party to the Rome Statute and not lodged a declaration with the Court, the Court will still be able to prosecute crimes that occurred within that state.
Personal jurisdiction[edit]
The personal jurisdiction of the Court extends to all natural persons who commit crimes, regardless of where they are located or where the crimes were committed, as long as those individuals are nationals of either (1) states that are party to the Rome Statute or (2) states that have accepted the Court's jurisdiction by filing a declaration with the Court.[77] As with territorial jurisdiction, the personal jurisdiction can be expanded by the Security Council if it refers a situation to the Court.[78]
Temporal jurisdiction requirements[edit]
Temporal jurisdiction is the time period over which the Court can exercise its powers. No statute of limitations applies to any of the crimes defined in the Statute.[79] However, the Court's jurisdiction is not completely retroactive. Individuals can only be prosecuted for crimes that took place on or after 1 July 2002, which is the date that the Rome Statute entered into force.[80] However, if a state became party to the Statute, and therefore a member of the Court, after 1 July 2002, then the Court cannot exercise jurisdiction prior to that date for certain cases.[81] For example, if the Statute entered into force for a state on 1 January 2003, the Court could only exercise temporal jurisdiction over crimes that took place in that state or were committed by a national of that state on or after 1 January 2003.
Admissibility requirements[edit]
To initiate an investigation, the Prosecutor must (1) have a "reasonable basis to believe that a crime within the jurisdiction of the Court has been or is being committed", (2) the investigation would be consistent with the principle of complementarity, and (3) the investigation serves the interests of justice.[82]
Complementarity[edit]
The principle of complementarity means that the Court will only prosecute an individual if states are unwilling or unable to prosecute. Therefore, if legitimate national investigations or proceedings into crimes have taken place or are ongoing, the Court will not initiate proceedings. This principle applies regardless of the outcome of national proceedings.[83] Even if an investigation is closed without any criminal charges being filed or if an accused person is acquitted by a national court, the Court will not prosecute an individual for the crime in question so long as it is satisfied that the national proceedings were legitimate. However the actual application of the complementarity principle has recently come under theoretical scrutiny.[84][83]
Gravity[edit]
The Court will only initiate proceedings if a crime is of "sufficient gravity to justify further action by the Court".[85]
Interests of justice[edit]
The Prosecutor will initiate an investigation unless there are "substantial reasons to believe that an investigation would not serve the interests of justice" when "[t]aking into account the gravity of the crime and the interests of victims".[86] Furthermore, even if an investigation has been initiated and there are substantial facts to warrant a prosecution and no other admissibility issues, the Prosecutor must determine whether a prosecution would serve the interests of justice "taking into account all the circumstances, including the gravity of the crime, the interests of victims and the age or infirmity of the alleged perpetrator, and his or her role in the alleged crime".[87]
Procedure[edit]
Trial[edit]
Trials are conducted under a hybrid common law and civil law judicial system, but it has been argued the procedural orientation and character of the court is still evolving.[88] A majority of the three judges present, as triers of fact, may reach a decision, which must include a full and reasoned statement.[89] Trials are supposed to be public, but proceedings are often closed, and such exceptions to a public trial have not been enumerated in detail.[90] In camera proceedings are allowed for protection of witnesses or defendants as well as for confidential or sensitive evidence.[91] Hearsay and other indirect evidence is not generally prohibited, but it has been argued the court is guided by hearsay exceptions which are prominent in common law systems.[92] There is no subpoena or other means to compel witnesses to come before the court, although the court has some power to compel testimony of those who chose to come before it, such as fines.[93]
Rights of the accused[edit]
The Rome Statute provides that all persons are presumed innocent until proven guilty beyond reasonable doubt,[94] and establishes certain rights of the accused and persons during investigations.[95] These include the right to be fully informed of the charges against him or her; the right to have a lawyer appointed, free of charge; the right to a speedy trial; and the right to examine the witnesses against him or her.
To ensure "equality of arms" between defence and prosecution teams, the ICC has established an independent Office of Public Counsel for the Defence (OPCD) to provide logistical support, advice and information to defendants and their counsel.[96][97] The OPCD also helps to safeguard the rights of the accused during the initial stages of an investigation.[98] However, Thomas Lubanga's defence team say they were given a smaller budget than the Prosecutor and that evidence and witness statements were slow to arrive.[99]
Victim participation[edit]
One of the great innovations of the Statute of the International Criminal Court and its Rules of Procedure and Evidence is the series of rights granted to victims.[100][101] For the first time in the history of international criminal justice, victims have the possibility under the Statute to present their views and observations before the Court.
Participation before the Court may occur at various stages of proceedings and may take different forms, although it will be up to the judges to give directions as to the timing and manner of participation.
Participation in the Court's proceedings will in most cases take place through a legal representative and will be conducted "in a manner which is not prejudicial or inconsistent with the rights of the accused and a fair and impartial trial".
The victim-based provisions within the Rome Statute provide victims with the opportunity to have their voices heard and to obtain, where appropriate, some form of reparation for their suffering. It is the aim of this attempted balance between retributive and restorative justice that, it is hoped, will enable the ICC to not only bring criminals to justice but also help the victims themselves obtain some form of justice. Justice for victims before the ICC comprises both procedural and substantive justice, by allowing them to participate and present their views and interests, so that they can help to shape truth, justice and reparations outcomes of the Court.[102]
Article 43(6) establishes a Victims and Witnesses Unit to provide "protective measures and security arrangements, counseling and other appropriate assistance for witnesses, victims who appear before the Court, and others who are at risk on account of testimony given by such witnesses."[103] Article 68 sets out procedures for the "Protection of the victims and witnesses and their participation in the proceedings."[104] The Court has also established an Office of Public Counsel for Victims, to provide support and assistance to victims and their legal representatives.[105]
The ICC does not have its own witness protection program, but rather must rely on national programs to keep witnesses safe.[106]
Reparations[edit]
Victims before the International Criminal Court can also claim reparations under Article 75 of the Rome Statute. Reparations can only be claimed when a defendant is convicted and at the discretion of the Court's judges.[107] So far the Court has ordered reparations against Thomas Lubanga.[108] Reparations can include compensation, restitution and rehabilitation, but other forms of reparations may be appropriate for individual, collective or community victims. Article 79 of the Rome Statute establishes a Trust Fund to provide assistance before a reparation order to victims in a situation or to support reparations to victims and their families if the convicted person has no money.[109]
Co-operation by states not party to Rome Statute[edit]
One of the principles of international law is that a treaty does not create either obligations or rights for third states without their consent (pacta tertiis nec nocent nec prosunt), and this is also enshrined in the 1969 Vienna Convention on the Law of Treaties.[110] The co-operation of the non-party states with the ICC is envisioned by the Rome Statute of the International Criminal Court to be of voluntary nature.[111] However, even states that have not acceded to the Rome Statute might still be subjects to an obligation to co-operate with ICC in certain cases.[112] When a case is referred to the ICC by the UN Security Council all UN member states are obliged to co-operate, since its decisions are binding for all of them.[113] Also, there is an obligation to respect and ensure respect for international humanitarian law, which stems from the Geneva Conventions and Additional Protocol I,[114] which reflects the absolute nature of IHL.[115] Although the wording of the Conventions might not be precise as to what steps have to be taken, it has been argued that it at least requires non-party states to make an effort not to block actions of ICC in response to serious violations of those Conventions.[112]
In relation to co-operation in investigation and evidence gathering, it is implied from the Rome Statute[116] that the consent of a non-party state is a prerequisite for ICC Prosecutor to conduct an investigation within its territory, and it seems that it is even more necessary for him to observe any reasonable conditions raised by that state, since such restrictions exist for states party to the Statute.[112] Taking into account the experience of the ICTY (which worked with the principle of the primacy, instead of complementarity) in relation to co-operation, some scholars have expressed their pessimism as to the possibility of ICC to obtain co-operation of non-party states.[112] As for the actions that ICC can take towards non-party states that do not co-operate, the Rome Statute stipulates that the Court may inform the Assembly of States Parties or Security Council, when the matter was referred by it, when non-party state refuses to co-operate after it has entered into an ad hoc arrangement or an agreement with the Court.[117]
Amnesties and national reconciliation processes[edit]
It is unclear to what extent the ICC is compatible with reconciliation processes that grant amnesty to human rights abusers as part of agreements to end conflict.[118] Article 16 of the Rome Statute allows the Security Council to prevent the Court from investigating or prosecuting a case,[119] and Article 53 allows the Prosecutor the discretion not to initiate an investigation if he or she believes that "an investigation would not serve the interests of justice".[120] Former ICC president Philippe Kirsch has said that "some limited amnesties may be compatible" with a country's obligations genuinely to investigate or prosecute under the Statute.[118]
It is sometimes argued that amnesties are necessary to allow the peaceful transfer of power from abusive regimes. By denying states the right to offer amnesty to human rights abusers, the International Criminal Court may make it more difficult to negotiate an end to conflict and a transition to democracy. For example, the outstanding arrest warrants for four leaders of the Lord's Resistance Army are regarded by some as an obstacle to ending the insurgency in Uganda.[121][122] Czech politician Marek Benda argues that "the ICC as a deterrent will in our view only mean the worst dictators will try to retain power at all costs".[123] However, the United Nations[124] and the International Committee of the Red Cross[125] maintain that granting amnesty to those accused of war crimes and other serious crimes is a violation of international law.
Facilities[edit]
Headquarters[edit]
International Criminal Court
General information
Status
Complete
Type
Office
Location
The Hague, Netherlands
Coordinates
52°6′20″N 4°19′7.16″E / 52.10556°N 4.3186556°E / 52.10556; 4.3186556Coordinates: 52°6′20″N 4°19′7.16″E / 52.10556°N 4.3186556°E / 52.10556; 4.3186556
Construction started
Autumn 2012
Opened
December 2015
Technical details
Floor area
52,000 m2 (560,000 sq ft)
Design and construction
Architect
schmidt hammer lassen
Developer
Combination Visser & Smit Bouw and Boele & van Eesteren ('Courtys')
Website
http://www.icc-permanentpremises.org
The official seat of the Court is in The Hague, Netherlands, but its proceedings may take place anywhere.[126][127]
The Court moved into its first permanent premises in The Hague, located at Oude Waalsdorperweg 10, on 14 December 2015.[128] Part of The Hague's International Zone,[129] which also contains the Peace Palace, Europol, ICTY, OPCW and The Hague World Forum, the court facilities are situated on the site of the Alexanderkazerne, a former military barracks, adjacent to the dune landscape on the northern edge of the city. The ICC's detention centre is a short distance away.
Development[edit]
The land and financing for the new construction were provided by the Netherlands.[130] In addition, the host state organised and financed the architectural design competition which started at the end of 2008.
Three architects were chosen by an international jury from a total of 171 applicants to enter into further negotiations. The Danish firm schmidt hammer lassen were ultimately selected to design the new premises since its design met all the ICC criteria, such as design quality, sustainability, functionality and costs.[131]
Demolition of the barracks started in November 2011 and was completed in August 2012.[132] In October 2012 the tendering procedure for the General Contractor was completed and the combination Visser & Smit Bouw and Boele & van Eesteren (“Courtys”) was selected.[133]
Architecture[edit]
The building has a compact footprint and consists of six connected building volumes with a garden motif. The tallest volume with a green facade, placed in the middle of the design, is the Court Tower that accommodates 3 courtrooms. The rest of the building's volumes accommodate the offices of the different organs of the ICC.[134]
Lobby
Typical courtroom
Provisional headquarters, 2002–2015[edit]
The former (provisional) headquarters of the ICC in The Hague, in use until December 2015
Until late 2015, the ICC was housed in interim premises in The Hague provided by the host state of the Netherlands.[135] Formerly belonging to KPN, the provisional headquarters were located at Maanweg 174 in the east-central portion of the city. The building continues to serve as the seat of Eurojust.
Detention centre[edit]
Main article: People detained by the International Criminal Court § Detention centre
The ICC's detention centre accommodates both those convicted by the court and serving sentences as well as those suspects detained pending the outcome of their trial. It comprises twelve cells on the premises of the Scheveningen branch of the Haaglanden Penal Institution, The Hague, close to the ICC's new headquarters in the Alexanderkazerne.[136][137] Suspects held by the International Criminal Tribunal for the former Yugoslavia are held in the same prison and share some facilities, like the fitness room, but have no contact with suspects held by the ICC.[136]
Other offices[edit]
The ICC maintains a liaison office in New York[138] and field offices in places where it conducts its activities.[139] As of 18 October 2007, the Court had field offices in Kampala, Kinshasa, Bunia, Abéché and Bangui.[139]
Finance[edit]
Contributions to the ICC's budget, 2008
The ICC is financed by contributions from the states parties. The amount payable by each state party is determined using the same method as the United Nations:[140] each state's contribution is based on the country's capacity to pay, which reflects factors such as a national income and population. The maximum amount a single country can pay in any year is limited to 22% of the Court's budget; Japan paid this amount in 2008.
The Court spent €80.5 million in 2007.[141] The Assembly of States Parties approved a budget of €90.4 million for 2008,[140] €101.2 million for 2009,[142] and €141.6 million for 2017.[143] As of April 2017[update], the ICC’s staff consisted of 800 persons from approximately 100 states.[143]
Trial history to date[edit]
The ICC issued an arrest warrant for Omar al-Bashir of Sudan over alleged war crimes in Darfur.[144]
To date, the Prosecutor has opened investigations in 11 situations: Burundi; two in the Central African Republic; Côte d'Ivoire; Darfur, Sudan; the Democratic Republic of the Congo; Georgia, Kenya; Libya; Mali; and Uganda.[145] Additionally, the Office of the Prosecutor is conducting preliminary examinations in eleven situations in Afghanistan; Colombia; Gabon; Guinea; Iraq / the United Kingdom; Nigeria; Palestine; the Philippines, registered vessels of Comoros, Greece, and Cambodia; Ukraine and Venezuela.[146][147]
The Court's Pre-Trial Chambers have publicly indicted 42 people. The ICC has issued arrest warrants for 34 individuals and summonses to eight others. Eight persons are in detention. Proceedings against 23 are ongoing: 12 are at large as fugitives, three are under arrest but not in the Court's custody, one is in the pre-trial phase, six are at trial, and one is appealing his conviction. Proceedings against 19 have been completed: three are serving sentences, two have finished their sentences, one has been acquitted, six have had the charges against them dismissed, two have had the charges against them withdrawn, one has had his case declared inadmissible, and four have died before trial.
The Lubanga and Katanga-Chui trials in the situation of the DR Congo are concluded. Mr Lubanga and Mr Katanga were convicted and sentenced to 14 and 12 years imprisonment, respectively, whereas Mr Chui was acquitted.
The Bemba trial in the Central African Republic situation is concluded. Mr Bemba was convicted on two counts of crimes against humanity and three counts of war crimes. This marked the first time the ICC convicted someone of sexual violence as they added rape to his conviction.[148]
Trials in the Ntaganda case (DR Congo), the Bemba et al. OAJ case and the Laurent Gbagbo-Blé Goudé trial in the Côte d'Ivoire situation are ongoing. The Banda trial in the situation of Darfur, Sudan, was scheduled to begin in 2014 but the start date was vacated. Charges against Dominic Ongwen in the Uganda situation and Ahmed al-Faqi in the Mali situation have been confirmed; both are awaiting their trials.
Investigations and preliminary examinations[edit]
Main article: International Criminal Court investigations
ICC investigations
Green: Official investigations (Burundi, Central African Republic (2), Côte d'Ivoire, Darfur (Sudan), Democratic Republic of Congo, Georgia, Kenya, Libya, Mali, Uganda)
Orange: Authorization to open investigation requested (none at present)
Light red: Ongoing preliminary examinations (Afghanistan, Colombia, Comoros, Guinea, Iraq, Nigeria, Palestine, Philippines, Ukraine and Venezuela)
Dark red: Closed preliminary examinations (Honduras and South Korea)
Currently, the Office of the Prosecutor has opened investigations in 11 situations: Burundi; two in the Central African Republic; Côte d'Ivoire; Darfur, Sudan; the Democratic Republic of the Congo; Georgia, Kenya; Libya; Mali; and Uganda.[149] Additionally, the Office of the Prosecutor is conducting preliminary examinations in eleven situations in Afghanistan; Colombia; Gabon; Guinea; Iraq / the United Kingdom; Nigeria; Palestine; the Philippines, registered vessels of Comoros, Greece, and Cambodia; Ukraine and Venezuela.[150][151]

Key:
Investigation
Authorization to open investigation requested
Preliminary examination ongoing
Preliminary examination closed
Situation
Referred by
Referred on
Preliminary examination announced
Investigation began
Current status[A]
Ref(s).
Congo, Democratic Republic of the !Democratic Republic of the Congo Congo, Democratic Republic of the !Democratic Republic of the Congo 000000002004-04-19-000019 April 2004 000000002003-07-16-000016 July 2003 000000002004-06-23-000023 June 2004 Investigation [153][154][155]
Cote Divoire !Côte d'Ivoire — — 000000002003-10-01-00001 October 2003 000000002011-10-03-00003 October 2011 Investigation [156][157]
Uganda Uganda 000000002003-12-16-000016 December 2003 000000002003-12-16-000016 December 2003 000000002004-07-29-000029 July 2004 Investigation [158][159]
Colombia — — 000000002004-06-30-0000June 2004 — Preliminary examination (phase 3) [152]
Central African Republic I Central African Republic 000000002005-01-07-00007 January 2005 000000002005-01-07-00007 January 2005 000000002007-05-22-000022 May 2007 Investigation [160][161]
Darfur, Sudan United Nations Security Council 000000002005-03-31-000031 March 2005 000000002005-04-01-00001 April 2005 000000002005-06-06-00006 June 2005 Investigation [162][163]
Iraq / United Kingdom — — 000000002006-02-09-00009 February 2006 — Preliminary examination (phase 3)[B] [164][152]
Venezuela I — — 000000002006-02-09-00009 February 2006 — Preliminary examination closed on 000000002006-02-09-00009 February 2006 [165]
Afghanistan — — 000000002007-12-31-00002007 — Authorization to open investigation requested [166]
Kenya — — 000000002008-02-05-00005 February 2008 000000002010-03-31-000031 March 2010 Investigation [167][168]
Georgia — — 000000002008-08-20-000020 August 2008 000000002016-01-27-000027 January 2016 Investigation [169][170]
Palestine I — — 000000002009-01-22-000022 January 2009 — Preliminary examination closed on 000000002012-04-03-00003 April 2012 [171]
Guinea — — 000000002009-10-14-000014 October 2009 — Preliminary examination (phase 3) [172]
Honduras — — 000000002009-11-18-000018 November 2009 — Preliminary examination closed on 000000002015-10-28-000028 October 2015 [173]
Nigeria — — 000000002009-11-18-000018 November 2009 — Preliminary examination (phase 3) [152]
Korea, South !South Korea — — 000000002010-12-06-00006 December 2010 — Preliminary examination closed on 000000002014-06-23-000023 June 2014 [174]
Libya United Nations Security Council 000000002011-02-26-000026 February 2011 000000002011-02-28-000028 February 2011 000000002011-03-03-00003 March 2011 Investigation [175][176][177]
Mali Mali 000000002012-07-18-000018 July 2012 000000002012-07-18-000018 July 2012 000000002013-01-16-000016 January 2013 Investigation [178][179]
Registered vessels[C] Comoros 000000002013-05-14-000014 May 2013 000000002013-05-14-000014 May 2013 — Preliminary examination closed on 000000002017-11-29-000029 November 2017[D] [181]
Central African Republic II Central African Republic 000000002014-05-30-000030 May 2014 000000002014-02-07-00007 February 2014 000000002014-09-24-000024 September 2014 Investigation [182]
Ukraine — — 000000002014-04-25-000025 April 2014 — Preliminary examination (phase 2) [152]
Palestine II Palestine 000000002018-05-22-000022 May 2018 000000002015-01-16-000016 January 2015 — Preliminary examination (phase 2) [152][183]
Burundi — — 000000002016-04-25-000025 April 2016 000000002017-10-25-000025 October 2017 Investigation [184]
Gabon Gabon 000000002016-09-21-000021 September 2016 000000002016-09-29-000029 September 2016 — Preliminary examination (phase 2) [152]
Philippines — — 000000002018-02-08-00008 February 2018 — Preliminary examination (phase 2) [185]
Venezuela II — — 000000002018-02-08-00008 February 2018 — Preliminary examination (phase 2) [185]
Notes
Jump up ^ The Office of the Prosecutor process preliminary examinations through different phases. Every communication is first given an initial assessment to determine if it is sufficiently serious and if it falls within the Court's jurisdiction (phase 1). If it does, the Office begins a preliminary examination by first considering whether the alleged crimes fall within the subject-matter jurisdiction of the Court (phase 2). If the Office is satisfied that all the jurisdictional requirements are met, it then focuses on issues of admissibility of potential cases by considering complementarity and the gravity of the alleged crimes (phase 3). If there are no admissibility concerns, the Office then considers the interests of justice and decides whether or not begin a formal investigation (phase 4).[152]
Jump up ^ The preliminary examination of the situation in Iraq / the United Kingdom was initially closed on 9 February 2006, but was reopened on 13 May 2014.[164]
Jump up ^ The preliminary examination relates to registered vessels of the Comoros, Greece and Cambodia.
Jump up ^ The Prosecutor previously closed the preliminary examination of the situation on registered vessels of the Comoros, Greece and Cambodia on 6 November 2014, but reconsidered her decision following a request by the Pre-Trial Chamber of the Court.[180][181]
Summary of investigations[note 1] and prosecutions by the International Criminal Court (not including reparations proceedings)
Situation Publicly indicted Ongoing procedures Procedures finished, due to ... PTC TCs
Not before court Pre-Trial Trial Appeal Death Inadmissibility Acquittal etc. Conviction
[note 2] [note 3] [note 4] [note 5] [note 6] [note 7] [note 8] [note 9] [note 10]
Democratic Republic of the Congo 6 1
Mudacumura 0 1
Ntaganda 0 0 0 2
Chui, Mbarushimana 2
Katanga, Lubanga I VI
Ntaganda
Uganda 5 2
Kony, Otti 0 1
Ongwen 0 2
Lukwiya, Odhiambo 0 0 0 II IX
Ongwen
Central African Republic I 5 0 0 0 5
Bemba (main case); Kilolo, Babala, Mangenda, Arido + Bemba (OAJ) 0 0 0 0 II III
Bemba
VII
Bemba et al.
Darfur, Sudan 7 4
Haroun, Kushayb, al-Bashir, Hussein 1
Banda 0 0 1
Jerbo 0 1
Abu Garda 0 II IV
Banda
Kenya 9 3
Barasa, Gicheru, Bett 0 0 0 0 0 6
Kosgey, Ali, Muthaura, Kenyatta, Ruto, Sang 0 II
Libya 5 3
S. Gaddafi, Khaled, Werfalli 0 0 0 1
M. Gaddafi 1
Senussi 0 0 I
Côte d'Ivoire 3 1
S. Gbagbo 0 2
L. Gbagbo, Blé Goudé 0 0 0 0 0 I I
L. Gbagbo-Blé Goudé
Mali 1 0 0 0 0 0 0 0 1
al-Mahdi I VIII
al-Mahdi
Central African Republic II 0 0 0 0 0 0 0 0 0 II
Georgia 0 0 0 0 0 0 0 0 0 I
Burundi 0 0 0 0 0 0 0 0 0 III
Total
41
14
1
4
5
4
1
9
3
Notes
Jump up ^ A situation is listed here if an investigation was begun by the Prosecutor.
Jump up ^ Indicted but has not yet appeared before the Court.
Jump up ^ Indicted and has had at least first appearance; trial has not yet begun.
Jump up ^ Trial has begun but has not yet been completed.
Jump up ^ Trial has been completed and verdict delivered but appeal is pending.
Jump up ^ Indicted but died before the trial and/or appeal (where applicable) was concluded.
Jump up ^ Indicted but case was held inadmissible.
Jump up ^ Indicted but either charges not confirmed or withdrawn or proceedings terminated or acquitted. If charges were not confirmed or withdrawn or if proceedings were terminated, the Prosecutor may again prosecute with fresh evidence.
Jump up ^ Pre-Trial Chamber currently in charge
Jump up ^ Trial Chambers currently in charge; once proceedings have moved to the Appeals Chamber, the Trial Chamber designation will be removed here.
Overview on cases currently active before the ICC (excludes cases against fugitives and reparations proceedings)
Between initial appearance and beginning of confirmation of charges hearing Between beginning of confirmation of charges hearing and beginning of trial Between beginning of trial and judgment Between trial judgment and appeals judgment
Bemba
Bemba-Kilolo-Babala-Mangenda-Arido
al-Mahdi
Ntaganda
L Gbagbo-Blé Goude
Ongwen
Banda
Detailed summary of investigations[note 1] and prosecutions by the International Criminal Court
Situation Individuals
indicted
[note 2] Indicted[note 3] [note 4] Transfer to ICC
Initial appearance
[note 5] Confirmation of charges hearing
Result Trial
Result Appeal hearings
Result Current status Ref.
Date G CAH WC OAJ
Democratic Republic of the Congo
Investigation article Thomas Lubanga Dyilo 10 February 2006 — — 3 — 17 March 2006
20 March 2006 9-28 November 2006
confirmed 29 January 2007 26 January 2009 – 26 August 2011
convicted 14 March 2012
sentenced 10 July 2012 19–20 May 2014
verdict and sentence confirmed
1 December 2014 Convicted and sentenced to 14 years imprisonment; decision final; reparations regime established; release from custody in the DRC not later than 16 March 2020 [186] [187]
Bosco Ntaganda 22 August 2006
13 July 2012 — 3 7 — 22 March 2013
26 March 2013 10-14 February 2014
confirmed
9 June 2014 began
2 September 2015 In ICC custody; charges confirmed; trial before Trial Chamber VI ongoing [188]
Germain Katanga 2 July 2007 — 3 6 — 17 October 2007
22 October 2007 27 June–18 July 2008
confirmed 26 September 2008 24 November 2009 – 23 May 2012
convicted 7 March 2014
sentenced 23 May 2014 Appeals by Prosecution and Defence discontinued Convicted and sentenced to 12 years imprisonment; decision final; reparations regime established; ICC-related sentence served (after 8 years, 4 months); remains in custody of DRC authorities due to other charges [189] [190] [191]
Mathieu Ngudjolo Chui 6 July 2007 — 3 6 — 6 February 2008
11 February 2008 24 November 2009 – 23 May 2012
acquitted 18 December 2012 21 October 2014
acquittal confirmed 27 February 2015 Acquitted by Trial Chamber II, decision final [192]
Callixte Mbarushimana 28 September 2010 — 5 6 — 25 January 2011
28 January 2011 16-21 September 2011
dismissed 16 December 2011 Proceedings finished with charges dismissed, released [note 6] [193] [194]
Sylvestre Mudacumura 13 July 2012 — — 9 — Fugitive [195]
Uganda
Investigation article Joseph Kony 8 July 2005 — 12 21 — Fugitive [196]
Okot Odhiambo — 3 7 — Proceedings finished; died on 27 October 2013
Raska Lukwiya — 1 3 — Proceedings finished; died on 12 August 2006
Vincent Otti — 11 21 — Fugitive, reportedly died in 2007
[197]
Dominic Ongwen — 3 4 — 21 January 2015
26 January 2015 21–27 January 2016
confirmed
23 March 2016 began
6 December 2016 In ICC custody; charges confirmed; trial before Trial Chamber IX ongoing [198]
Central African Republic Jean-Pierre Bemba 23 May 2008
10 June 2008 — 3 5 — 3 July 2008
4 July 2008 12-15 January 2009
confirmed 15 June 2009 22 November 2010 – 13 November 2014
convicted
21 March 2016
sentenced
21 June 2016 Convicted and sentenced to 18 years imprisonment; reparations regime to be established; under appeal; in ICC custody; if conviction and sentence stand, release between 2020 and 2026 [199] [200]
20 November 2013 — — — 2 23 November 2013
27 November 2013 in writing
confirmed
11 November 2014 29 September 2015 – 2 June 2016
convicted
19 October 2016
sentenced
22 March 2017 Convicted and sentenced to one additional year of imprisonment and a fine of 300,000 USD; under appeal; in ICC custody [201] [202]
Aimé Kilolo Musamba — — — 2 25 November 2013
27 November 2013 Convicted and sentenced to two and a half years of imprisonment and a fine of 30,000 USD; sentence suspended for three years; currently not in ICC custody; under appeal
Fidèle Babala Wandu — — — 2 Convicted and sentenced to six months of imprisonment; sentence served; currently not in ICC custody; under appeal
Jean-Jacques Mangenda Kabongo — — — 2 4 December 2013
5 December 2013 Convicted and sentenced to two years of imprisonment; sentence suspended for three years; currently not in ICC custody; under appeal
Narcisse Arido — — — 2 18 March 2014
20 March 2014 Convicted and sentenced to eleven months of imprisonment; sentence served; currently not in ICC custody; under appeal
Darfur, Sudan
Investigation article Ahmed Haroun 27 April 2007 — 20 22 — Fugitive [203]
Ali Kushayb — 22 28 —
Omar al-Bashir 4 March 2009
12 July 2010 3 5 2 — Fugitive [204]
Bahr Idriss Abu Garda 7 May 2009
(summons) — — 3 — 18 May 2009 19-29 October 2009
dismissed 8 February 2010
Proceedings finished with charges dismissed [note 6] [205]
Abdallah Banda 27 August 2009
(summons)
11 September 2014
(warrant of arrest) — — 3 — 17 June 2010 8 December 2010
confirmed 7 March 2011 At large under warrant of arrest, previously appeared voluntarily, charges confirmed, trial before Trial Chamber IV to begin [206]
Saleh Jerbo 27 August 2009
(summons) — — 3 — Proceedings finished; died on 19 April 2013
Abdel Raheem Muhammad Hussein 1 March 2012 — 7 6 — Fugitive [207]
Kenya
Investigation article William Ruto 8 March 2011
(summons) — 4 — — 7 April 2011 1-8 September 2011
confirmed 23 January 2012 10 September 2013 –
5 April 2016
(terminated) Proceedings terminated with no prejudice to re-prosecution, appeal possible [208] [209]
Joshua Sang — 4 — —
Henry Kosgey — 4 — — 1-8 September 2011
dismissed 23 January 2012 Proceedings finished with charges dismissed [note 6]
Francis Muthaura 8 March 2011
(summons) — 5 — — 8 April 2011 21 September – 5 October 2011
confirmed 23 January 2012 Proceedings finished with confirmed charges withdrawn before trial [210]
Uhuru Kenyatta — 5 — —
Mohammed Hussein Ali — 5 — — 21 September – 5 October 2011
dismissed 23 January 2012 Proceedings finished with charges dismissed [note 6]
Walter Barasa 2 August 2013 — — — 3 Fugitive [211]
Paul Gicheru 10 March 2015 — — — 6 Arrested on 30 July 2015, in custody of Kenyan authorities [212]
Philip Kipkoech Bett — — — 4
Libya Muammar Gaddafi 27 June 2011 — 2 — — Proceedings finished; died on 20 October 2011 [213]
Saif al-Islam Gaddafi — 2 — — Arrested on 19 November 2011, in custody of Libyan authorities
Abdullah Senussi — 2 — — Proceedings finished with case held inadmissible
Al-Tuhamy Mohamed Khaled 18 April 2013 — 4 3 — Fugitive [214]
Mahmoud al-Werfalli 15 August 2017 — — 7 — Fugitive [215]
Ivory Coast Laurent Gbagbo 23 November 2011 — 4 — — 30 November 2011
5 December 2011 19–28 February 2013
confirmed
12 June 2014 began
28 January 2016 In ICC custody; charges confirmed; trial before Trial Chamber I ongoing [216] [217]
Charles Blé Goudé 21 December 2011 — 4 — — 22–23 March 2014
27 March 2014 29 September –
2 October 2014
confirmed
11 December 2014
Simone Gbagbo 29 February 2012 — 4 — — Arrested on 11 April 2011, in custody of Ivorian authorities. Found guilty and currently being tried in separate proceedings under Ivorian jurisdiction. [218] [219] [220]
Mali
Investigation article Ahmad al-Faqi al-Mahdi 18 September 2015 — — 1 — 26 September 2015
30 September 2015 1 March 2016
confirmed
24 March 2016 22–24 August 2016
convicted and sentenced
27 September 2016 Convicted and sentenced to nine years imprisonment upon guilty plea; in ICC custody; if conviction and sentence stand, release between 2021 and 2024 [221] [222]
Central African Republic II Investigation initiated [223]
Georgia Investigation initiated [224]
Burundi Investigation initiated [225]
Notes
Jump up ^ A situation is listed here if the Prosecutor of the Court has opened an investigation.
Jump up ^ Obviously, only persons who are publicly indicted are listed. The Court can issue an indictment under seal.
Jump up ^ If not otherwise noted, the indicted is wanted by warrant of arrest.
Jump up ^ The International Criminal Court does currently not have jurisdiction regarding the crime of aggression. An amendment to the Rome Statute to expand the ICC's jurisdiction towards that crime is currently in the process of ratification. Under no circumstances will the Court be able to actually exercise jurisdiction before 1 January 2017.
Jump up ^ If there was a warrant of arrest, the dates of transfer to the International Criminal Court (in italics) and of the initial appearance are given. In case of a summons to appear, only the date of the initial appearance is given.
^ Jump up to: a b c d According to Article 61 (8) of the Rome Statute, "where the Pre-Trial Chamber declines to confirm a charge, the Prosecutor shall not be precluded from subsequently requesting its confirmation if the request is supported by additional evidence."
Relationships[edit]
United Nations[edit]
The UN Security Council referred the situation in Darfur to the ICC in 2005
Unlike the International Court of Justice, the ICC is legally independent from the United Nations. However, the Rome Statute grants certain powers to the United Nations Security Council, which limits its functional independence. Article 13 allows the Security Council to refer to the Court situations that would not otherwise fall under the Court's jurisdiction (as it did in relation to the situations in Darfur and Libya, which the Court could not otherwise have prosecuted as neither Sudan nor Libya are state parties). Article 16 allows the Security Council to require the Court to defer from investigating a case for a period of 12 months.[119] Such a deferral may be renewed indefinitely by the Security Council. This sort of an arrangement gives the ICC some of the advantages inhering in the organs of the United Nations such as using the enforcement powers of the Security Council, but it also creates a risk of being tainted with the political controversies of the Security Council.[226]
The Court cooperates with the UN in many different areas, including the exchange of information and logistical support.[227] The Court reports to the UN each year on its activities,[227][228] and some meetings of the Assembly of States Parties are held at UN facilities. The relationship between the Court and the UN is governed by a "Relationship Agreement between the International Criminal Court and the United Nations".[229][230]
Nongovernmental organizations[edit]
During the 1970s and 1980s, international human rights and humanitarian Nongovernmental Organizations (or NGOs) began to proliferate at exponential rates. Concurrently, the quest to find a way to punish international crimes shifted from being the exclusive responsibility of legal experts to being shared with international human rights activism.
NGOs helped birth the ICC through advocacy and championing for the prosecution of perpetrators of crimes against humanity. NGOs closely monitor the organization's declarations and actions, ensuring that the work that is being executed on behalf of the ICC is fulfilling its objectives and responsibilities to civil society.[231] According to Benjamin Schiff, "From the Statute Conference onward, the relationship between the ICC and the NGOs has probably been closer, more consistent, and more vital to the Court than have analogous relations between NGOs and any other international organization."
There are a number of NGOs working on a variety of issues related to the ICC. The NGO Coalition for the International Criminal Court has served as a sort of umbrella for NGOs to coordinate with each other on similar objectives related to the ICC. The CICC has 2,500 member organizations in 150 different countries.[232] The original steering committee included representatives from the World Federalist Movement, the International Commission of Jurists, Amnesty International, the Lawyers Committee for Human Rights, Human Rights Watch, Parliamentarians for Global Action, and No Peace Without Justice.[231] Today, many of the NGOs with which the ICC cooperates are members of the CICC. These organizations come from a range of backgrounds, spanning from major international NGOs such as Human Rights Watch and Amnesty International, to smaller, more local organizations focused on peace and justice missions.[231] Many work closely with states, such as the International Criminal Law Network, founded and predominantly funded by the Hague municipality and the Dutch Ministries of Defense and Foreign Affairs. The CICC also claims organizations that are themselves federations, such as the International Federation of Human Rights Leagues (FIDH).
CICC members ascribe to three principles that permit them to work under the umbrella of the CICC, so long as their objectives match them:
Promoting worldwide ratification and implementation of the Rome Statute of the ICC
Maintaining the integrity of the Rome Statute of the ICC, and
Ensuring the ICC will be as fair, effective and independent as possible[232]
The NGOs that work under the CICC do not normally pursue agendas exclusive to the work of the Court, rather they may work for broader causes, such as general human rights issues, victims' rights, gender rights, rule of law, conflict mediation, and peace.[231] The CICC coordinates their efforts to improve the efficiency of NGOs' contributions to the Court and to pool their influence on major common issues. From the ICC side, it has been useful to have the CICC channel NGO contacts with the Court so that its officials do not have to interact individually with thousands of separate organizations.
NGOs have been crucial to the evolution of the ICC, as they assisted in the creation of the normative climate that urged states to seriously consider the Court's formation. Their legal experts helped shape the Statute, while their lobbying efforts built support for it. They advocate Statute ratification globally and work at expert and political levels within member states for passage of necessary domestic legislation. NGOs are greatly represented at meetings for the Assembly of States Parties, and they use the ASP meetings to press for decisions promoting their priorities.[231] Many of these NGOs have reasonable access to important officials at the ICC because of their involvement during the Statute process. They are engaged in monitoring, commenting upon, and assisting in the ICC's activities.
The ICC often depends on NGOs to interact with local populations. The Registry Public Information Office personnel and Victims Participation and Reparations Section officials hold seminars for local leaders, professionals and the media to spread the word about the Court.[231] These are the kinds of events that are often hosted or organized by local NGOs. Because there can be challenges with determining which of these NGOs are legitimate, CICC regional representatives often have the ability to help screen and identify trustworthy organizations.
However, NGOs are also "sources of criticism, exhortation and pressure upon" the ICC.[231] The ICC heavily depends on NGOs for its operations. Although NGOs and states cannot directly impact the judicial nucleus of the organization, they can impart information on crimes, can help locate victims and witnesses, and can promote and organize victim participation. NGOs outwardly comment on the Court's operations, "push for expansion of its activities especially in the new justice areas of outreach in conflict areas, in victims' participation and reparations, and in upholding due-process standards and defense 'equality of arms' and so implicitly set an agenda for the future evolution of the ICC."[231] The relatively uninterrupted progression of NGO involvement with the ICC may mean that NGOs have become repositories of more institutional historical knowledge about the ICC than its national representatives, and have greater expertise than some of the organization's employees themselves. While NGOs look to mold the ICC to satisfy the interests and priorities that they have worked for since the early 1990s, they unavoidably press against the limits imposed upon the ICC by the states that are members of the organization. NGOs can pursue their own mandates, irrespective of whether they are compatible with those of other NGOs, while the ICC must respond to the complexities of its own mandate as well as those of the states and NGOs.
Another issue has been that NGOs possess "exaggerated senses of their ownership over the organization and, having been vital to and successful in promoting the Court, were not managing to redefine their roles to permit the Court its necessary independence."[231] Additionally, because there does exist such a gap between the large human rights organizations and the smaller peace-oriented organizations, it is difficult for ICC officials to manage and gratify all of their NGOs. "ICC officials recognize that the NGOs pursue their own agendas, and that they will seek to pressure the ICC in the direction of their own priorities rather than necessarily understanding or being fully sympathetic to the myriad constraints and pressures under which the Court operates."[231] Both the ICC and the NGO community avoid criticizing each other publicly or vehemently, although NGOs have released advisory and cautionary messages regarding the ICC. They avoid taking stances that could potentially give the Court's adversaries, particularly the US, more motive to berate the organization.
Criticisms[edit]
Accusations of Western imperialism from Africa[edit]
The ICC has been accused of bias and as being a tool of Western imperialism, only punishing leaders from small, weak states while ignoring crimes committed by richer and more powerful states.[233][234][235][236] This sentiment has been expressed particularly by African leaders due to an alleged disproportionate focus of the Court on Africa, while it claims to have a global mandate; until January 2016, all nine situations which the ICC had been investigating were in African countries.[237][238][239]
The prosecution of Kenyan Deputy President William Ruto and President Uhuru Kenyatta (both charged before coming into office) led to the Kenyan parliament passing a motion calling for Kenya's withdrawal from the ICC, and the country called on the other 33 African states party to the ICC to withdraw their support, an issue which was discussed at a special African Union (AU) summit in October 2013.
Though the ICC has denied the charge of disproportionately targeting African leaders, and claims to stand up for victims wherever they may be, Kenya was not alone in criticising the ICC. Sudanese President Omar al-Bashir visited Kenya, South Africa, China, Nigeria, Saudi Arabia, United Arab Emirates, Egypt, Ethiopia, Qatar and several other countries despite an outstanding ICC warrant for his arrest but was not arrested; he said that the charges against him are "exaggerated" and that the ICC was a part of a "Western plot" against him. Ivory Coast’s government opted not to transfer former first lady Simone Gbagbo to the court but to instead try her at home. Rwanda’s ambassador to the African Union, Joseph Nsengimana, argued that "It is not only the case of Kenya. We have seen international justice become more and more a political matter." Ugandan President Yoweri Museveni accused the ICC of "mishandling complex African issues." Ethiopian Prime Minister Hailemariam Desalegn, at the time AU chairman, told the UN General Assembly at the General debate of the sixty-eighth session of the United Nations General Assembly: "The manner in which the ICC has been operating has left a very bad impression in Africa. It is totally unacceptable."
AU withdrawal proposal[edit]
South African President Jacob Zuma said the perceptions of the ICC as "unreasonable" led to the calling of the special AU summit on 13 October 2015. Botswana is a notable supporter of the ICC in Africa.[240] At the summit, the AU did not endorse the proposal for a mass withdrawal from the ICC due to lack of support for the idea.[241] However, the summit did conclude that serving heads of state should not be put on trial and that the Kenyan cases should be deferred. Ethiopian Foreign Minister Tedros Adhanom said: "We have rejected the double standard that the ICC is applying in dispensing international justice."[242] Despite these calls, the ICC went ahead with requiring William Ruto to attend his trial.[243] The UNSC was then asked to consider deferring the trials of Kenyatta and Ruto for a year,[244] but this was rejected.[245] In November, the ICC's Assembly of State Parties responded to Kenya's calls for an exemption for sitting heads of state[246] by agreeing to consider amendments to the Rome Statute to address the concerns.[247]
On 7 October 2016, Burundi announced that it would leave the ICC, after the court began investigating political violence in that nation. In the subsequent two weeks, South Africa and Gambia also announced their intention to leave the court, with Kenya and Namibia reportedly also considering departure. All three nations cited the fact that all 39 people indicted by the court over its history have been African and that the court has made no effort to investigate war crimes tied to the 2003 invasion of Iraq.[248][249] However, following Gambia's presidential election later that year, which ended the long rule of Yahya Jammeh, Gambia rescinded its withdrawal notification.[250] The High Court of South Africa ruled on 2 February 2017 that the South African government's notice to withdraw was unconstitutional and invalid.[251] On 7 March 2017 the South African government formally revoked its intention to withdraw;[252] however, the ruling ANC revealed on 5 July 2017 that its intention to withdraw stands.[253]
Checks and balances[edit]
The United States Department of State argues that there are "insufficient checks and balances on the authority of the ICC prosecutor and judges" and "insufficient protection against politicized prosecutions or other abuses".[46] The current law in the United States on the ICC is the American Service-Members' Protection Act (ASPA), 116 Stat. 820, The ASPA authorizes the President of the United States to use "all means necessary and appropriate to bring about the release of any U.S. or allied personnel being detained or imprisoned by, on behalf of, or at the request of the International Criminal Court." This authorization has led the act to be nicknamed the "Hague Invasion Act",[254][255] because the freeing of U.S. citizens by force might be possible only through military action.
Concerning the independent Office of Public Counsel for the Defence (OPCD), Thomas Lubanga's defence team say they were given a smaller budget than the Prosecutor and that evidence and witness statements were slow to arrive.[99]
Limitations[edit]
Limitations exist for the ICC. The Human Rights Watch (HRW) reported that the ICC's prosecutor team takes no account of the roles played by the government in the conflict of Uganda, Rwanda or Congo. This led to a flawed investigation, because the ICC did not reach the conclusion of its verdict after considering the governments’ position and actions in the conflict.[256]
Unintentional consequences[edit]
Research suggests that prosecutions of leaders in the ICC makes dictators less likely to peacefully step down.[257] It is also argued that justice is a means to peace: "As a result, the ICC has been used as a means of intervention in ongoing conflicts with the expectation that the indictments, arrests, and trials of elite perpetrators have deterrence and preventive effects for atrocity crimes. Despite these legitimate intentions and great expectations, there is little evidence of the efficacy of justice as a means to peace".[258]
State cooperation[edit]
That the ICC cannot mount successful cases without 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.[259] It also gives the ICC less deterrent value, as potential perpetrators of war crimes know that they can avoid ICC judgment by taking over government and refusing to cooperate.[259]
Questioning the true application of the principle of complementarity[edit]
The fundamental principle of complementarity of the ICC Rome Statute is often taken for granted in the legal analysis of international criminal law and its jurisprudence. Initially the thorny issue of the actual application of the complementarity principle arose in 2008, when William Schabas published his monumental paper.[260] However, despite Schabas' theoretical impact, no substantive research was made by other scholars on this issue for quite some time. In June 2017, Victor Tsilonis advanced the same criticism which is reinforced by events, practices of the Office of the Prosecutor and ICC cases in the Essays in Honour of Nestor Courakis. His paper essentially argues that the Αl‐Senussi case arguably is the first instance of the complementarity principle's actual implementation eleven whole years after the ratification of the Rome Statute of the International Criminal Court.[261]
On the other hand, the Chief Prosecutor, Fatou Bensouda, has invoked recently the principle of complementarity in the situation between Russia and Georgia in Ossetia region.[262] Moreover, following the threats of certain African states (initially Burundi, Gambia and South Africa) to withdraw their ratifications, Bensouda again referred to the principle of complementarity as a core principle of ICC’s jurisdiction and has more extensively focused on the principle’s application on the latest Office of The Prosecutor’s Report on Preliminary Examination Activities 2016.[263]
See also[edit]
States parties to the Rome Statute of the International Criminal Court
Agreement on the Privileges and Immunities of the International Criminal Court
Legal Tools (database on International Criminal Law)
References[edit]
Jump up ^ "The International Criminal Court: An Introduction". Retrieved 25 November 2012. The official languages of the ICC are Arabic, Chinese, English, French, Russian and Spanish and the working languages are currently English and French
Jump up ^ International Criminal Court is sometimes abbreviated as ICCt to distinguish it from several other organisations abbreviated as ICC. However the more common abbreviation ICC is used in this article.
^ Jump up to: a b United Nations Department of Public Information, December 2002. The International Criminal Court Archived 5 December 2006 at the Wayback Machine.. Retrieved 5 December 2006.
^ Jump up to: a b Dempsey, Gary T. (16 July 1998). "Reasonable Doubt: The Case Against the Proposed International Criminal Court". Cato Institute. Retrieved 31 December 2006.
Jump up ^ "Benjamin B Ferencz, Biography". 9 January 2008. Archived from the original on 9 January 2008. Retrieved 1 March 2011.
Jump up ^ International Criminal Court (20 June 2006). ""Election of Mr Arthur N.R. Robinson to the Board of Directors of the Victims Trust Fund"". Archived from the original on 27 September 2007. Retrieved 11 April 2017. CS1 maint: BOT: original-url status unknown (link) . Retrieved 3 May 2007.
Jump up ^ "History of the ICC". Retrieved 4 June 2012.
Jump up ^ Coalition for the International Criminal Court. "History of the ICC". Retrieved 31 December 2006.
Jump up ^ "Draft Statute for an International Criminal Court, 1994". Retrieved 4 June 2012.
Jump up ^ Scharf, Michael P. (August 1998). "Results of the Rome Conference for an International Criminal Court". American Society of International Law. Retrieved 4 December 2006.
Jump up ^ Amnesty International (11 April 2002). "The International Criminal Court – A Historic Development in the Fight for Justice" Archived 24 December 2014 at the Wayback Machine.. Retrieved 20 March 2008.
Jump up ^ Coalition for the International Criminal Court. "Judges and the Presidency". Archived from the original on 9 December 2012. Retrieved 9 December 2012.
Jump up ^ International Criminal Court (14 October 2005). "Warrant of Arrest Unsealed Against Five LRA Commanders". Retrieved 30 September 2014.
Jump up ^ International Criminal Court (9 November 2006). ""Prosecutor Presents Evidence That Could Lead to First ICC Trial"". Archived from the original on 9 July 2007. Retrieved 5 December 2006. CS1 maint: BOT: original-url status unknown (link) . Retrieved 5 December 2006.
Jump up ^ "ICC finds Congo warlord Thomas Lubanga guilty". BBC News. 14 March 2012. Retrieved 29 September 2014.
^ Jump up to: a b Sieff, Kevin (26 October 2016). "Gambia is the latest African country deciding to pull out of International Criminal Court". Washington Post. Retrieved 26 October 2016.
Jump up ^ Moore, Jina (2017-10-27). "Burundi Quits International Criminal Court". New York Times. Retrieved 2018-03-20.
Jump up ^ Onishi, Norimitsu (8 March 2017). "South Africa Reverses Withdrawal From International Criminal Court". New York Times. nytimes.com. Retrieved 27 October 2017.
Jump up ^ "South African court blocks government's International Criminal Court withdrawal bid". The Independent. 22 February 2017. Retrieved 7 March 2017.
Jump up ^ http://globalnation.inquirer.net/164962/duterte-announces-ph-withdrawal-icc-treaty-duterte-icc-ph-rome-statute-withdrawal
^ Jump up to: a b International Criminal Court. "Assembly of States Parties". Archived from the original on 18 January 2008. Retrieved 3 January 2008. CS1 maint: BOT: original-url status unknown (link) . Retrieved 2 January 2008.
^ Jump up to: a b c International Criminal Court. Structure of the Court Archived 25 May 2012 at Archive.is, ICC website. Retrieved 16 June 2012
^ Jump up to: a b c The sum of (a) states parties, (b) signatories and (c) non-signatory United Nations member states is 195. This number is two more than the number of United Nations member states (193) due to the State of Palestine and Cook Islands being states parties but not United Nations member states.
^ Jump up to: a b c United Nations Treaty Database entry regarding the Rome Statute of the International Criminal Court. Retrieved 10 March 2010.
Jump up ^ "Reference: C.N.805.2016.TREATIES-XVIII.10 (Depositary Notification)" (PDF). United Nations. 2016-10-28. Retrieved 2016-10-28.
Jump up ^ The 1969 Vienna Convention on the Law of Treaties, Article 18. Accessed 23 November 2006.
Jump up ^ Rome Statute of the International Criminal Court. Status of Treaties.. Retrieved 02 December 2016.
Jump up ^ John R Bolton, 6 May 2002. International Criminal Court: Letter to UN Secretary General Kofi Annan. US Department of State. Accessed 2006-11-23.
Jump up ^ “China's Attitude Towards the ICC”, Lu Jianping and Wang Zhixiang, Journal of International Criminal Justice, 2005-07-06.
Jump up ^ India and the ICC, Usha Ramanathan, Journal of International Criminal Law, 2005.
Jump up ^ Ukraine accepts ICC jurisdiction over alleged crimes committed since 20 February 2014. ICC press release. 8 September 2015. Retrieved 11 September 2015.
^ Jump up to: a b c d e Article 112 of the Rome Statute. Retrieved 18 October 2013.
Jump up ^ Amnesty International, 11 November 2007. Assembly of States Parties of the International Criminal Court. Retrieved 2 January 2008.
^ Jump up to: a b c d Article 46 of the Rome Statute. Retrieved 18 October 2013.
^ Jump up to: a b Coalition for the International Criminal Court. Assembly of States Parties. Retrieved 2 January 2008.
Jump up ^ "Uganda to host Rome Statute Review Conference » The Hague Justice Portal". Retrieved 5 May 2016.
Jump up ^ The Presidency.
Jump up ^ Article 38 of the Rome Statute. Accessed 18 October 2013.
Jump up ^ "New ICC Presidency elected for 2018-2021". Retrieved 2018-03-16.
Jump up ^ Peter Cluskey (6 April 2015). "International Criminal Court elects first woman president". Irishtimes.com. Retrieved 12 April 2015.
^ Jump up to: a b c International Criminal Court. "Chambers". Archived from the original on 18 July 2007. Retrieved 21 June 2007. CS1 maint: BOT: original-url status unknown (link) . Retrieved 21 July 2007.
^ Jump up to: a b Article 36 of the Rome Statute. Retrieved 18 October 2013.
^ Jump up to: a b Article 41 of the Rome Statute. Accessed 18 October 2013.
^ Jump up to: a b c d International Criminal Court. "Office of the Prosecutor". Archived from the original on 19 January 2008. Retrieved 21 June 2007. CS1 maint: BOT: original-url status unknown (link) . Retrieved 21 July 2007.
^ Jump up to: a b c Article 42 of the Rome Statute. Retrieved 18 October 2013.
^ Jump up to: a b US Department of State, 30 July 2003. "Frequently Asked Questions About the U.S. Government's Policy Regarding the International Criminal Court (ICC)". Archived from the original on 9 January 2008. Retrieved 1 January 2007. CS1 maint: BOT: original-url status unknown (link) . Retrieved 31 December 2006.
Jump up ^ Henry A. Kissinger. "The Pitfalls of Universal Jurisdiction". Foreign Affairs, July/August 2001, p. 95. Retrieved 31 December 2006.
Jump up ^ "Why the law wants a word with Kissinger", Fairfax Digital, 30 April 2002
Jump up ^ The Assembly of States Parties to the Rome Statute opens its tenth session. ICC. 14 December 2011. Retrieved 14 December 2011.
Jump up ^ "Office of the Prosecutor". www.icc-cpi.int. Retrieved 11 October 2016.
Jump up ^ S, Barrie (29 September 2016). "Is the ICC Reconsidering its Policy on the "Interests of Justice"?". Justice in Conflict. Retrieved 11 October 2016.
Jump up ^ "Policy Paper on the Interest of Justice". www.icc-cpi.int. Retrieved 11 October 2016.
Jump up ^ "Policy Paper on Victims' Participation". www.icc-cpi.int. Retrieved 11 October 2016.
Jump up ^ "Policy Paper on Preliminary Examinations". www.icc-cpi.int. Retrieved 11 October 2016.
Jump up ^ "Policy Paper on Sexual and Gender-Based Crimes". www.icc-cpi.int. Retrieved 11 October 2016.
Jump up ^ "Policy paper on case selection and prioritisation". www.icc-cpi.int. Retrieved 11 October 2016.
Jump up ^ Vidal, John; Bowcott, Owen (15 September 2016). "ICC widens remit to include environmental destruction cases". The Guardian. Retrieved 20 September 2016.
Jump up ^ "POLICY PAPER ON CASE SELECTION AND PRIORITISATION" (PDF). icc-cpi.int. Retrieved 20 September 2016.
Jump up ^ "International court to prosecute environmental crimes in major shift". Reuters. 15 September 2016. Retrieved 12 October 2016.
Jump up ^ Vidal, John; Bowcott, Owen (15 September 2016). "ICC widens remit to include environmental destruction cases". The Guardian. Retrieved 12 October 2016.
Jump up ^ "Is environmental destruction a crime against humanity? The ICC may be about to find out". Washington Post. Retrieved 12 October 2016.
Jump up ^ "CEOs can now be tried in The Hague like war criminals". The Independent. 19 September 2016. Retrieved 12 October 2016.
^ Jump up to: a b International Criminal Court. The Registry. Retrieved 21 July 2007.
Jump up ^ "The registrar". International Criminal Court. Retrieved 17 August 2013.
Jump up ^ Rome Statute, Article 5.
Jump up ^ Rome Statute, Article 6.
Jump up ^ Rome Statute, Articles 6(a)–6(e).
Jump up ^ Rome Statute, Article 7.
^ Jump up to: a b c d e f "Elements of Crimes" (PDF). ICC. 2011. Retrieved 28 September 2014.
Jump up ^ Rome Statute, Article 8(2)(c).
Jump up ^ Rome Statute, Article 8.
Jump up ^ Article 5 of the Rome Statute. Retrieved 20 March 2008.
Jump up ^ Rome Statute, Article 8 bis(1).
Jump up ^ Rome Statute, Article 8 bis(2).
Jump up ^ Rome Statute, Articles 8 bis(2)(a)–8 bis(2)(g).
Jump up ^ Rome Statute, Article 70.
^ Jump up to: a b Rome Statute, Article 12.
^ Jump up to: a b Rome Statute, Article 13(b).
Jump up ^ Rome Statute, Article 29.
Jump up ^ Rome Statute, Article 11(1).
Jump up ^ Rome Statute, Article 11(2).
Jump up ^ Rome Statute, Article 53(1).
^ Jump up to: a b Rome Statute, Articles 17(a)–17(c).
Jump up ^ Tsilonis, Victor. "The awakening hypothesis of the complementarity principle" (PDF). Retrieved 11 August 2017.
Jump up ^ Rome Statute, Articles 17(d).
Jump up ^ Rome Statute, Article 53(1)(c).
Jump up ^ Rome Statute, Article 53(2)(c).
Jump up ^ Schabas, William A. (2011). An Introduction to the International Criminal Court. Cambridge University Press. p. 302. ISBN 978-0-521-15195-5.
Jump up ^ Schabas 2011, p. 322.
Jump up ^ Schabas 2011, pp. 303–304.
Jump up ^ Schabas 2011, p. 304.
Jump up ^ Schabas 2011, p. 312.
Jump up ^ Schabas 2011, p. 316.
Jump up ^ Article 66 of the [Rome Statute]. Retrieved 18 October 2013.
Jump up ^ The rights of persons during an investigation are provided in Article 55. Rights of the accused are provided in Part 6, especially Article 67. See also Amnesty International, 1 August 2000. The International Criminal Court: Fact sheet 9 – Fair trial guarantees. Retrieved 20 March 2008.
Jump up ^ Katy Glassborow (21 August 2006). ""Defending the Defenders"". Archived from the original on 9 May 2007. Retrieved 3 May 2007. CS1 maint: BOT: original-url status unknown (link) . Global Policy Forum. Retrieved 3 May 2007.
Jump up ^ International Criminal Court. ""Rights of the Defence"". Archived from the original on 22 April 2007. Retrieved 3 May 2007. CS1 maint: BOT: original-url status unknown (link) . Retrieved 3 May 2007.
Jump up ^ International Criminal Court, 2005. Report of the International Criminal Court for 2004. Retrieved 3 May 2007.
^ Jump up to: a b Stephanie Hanson (17 November 2006). Africa and the International Criminal Court. Council on Foreign Relations. Retrieved 23 November 2006.
Jump up ^ International Criminal Court. "Victims and witnesses". Archived from the original on 2 July 2007. Retrieved 29 June 2006. CS1 maint: BOT: original-url status unknown (link) . Accessed 22 June 2007.
Jump up ^ Ilaria Bottigliero (April 2003). "The International Criminal Court – Hope for the Victims". 32 SGI Quarterly. pp. 13–15. Accessed 24 July 2007.
Jump up ^ Moffett, Luke. "Realising Justice for Victims before the International Criminal Court" (PDF).
Jump up ^ Article 43(6) of the Rome Statute. Accessed 18 October 2013.
Jump up ^ Article 68 of the Rome Statute. Accessed 18 October 2013.
Jump up ^ International Criminal Court, 17 October 2006. Report on the activities of the Court at the Internet ArchivePDF (151 KB). Accessed 18 June 2007.
Jump up ^ "US Department of State Cable, 10NAIROBI11, Kenya: Inadequate Witness Protection Poses Painful Dilemma". Wikileaks.ch. Retrieved 5 March 2011.
Jump up ^ Moffett, Luke (27 June 2014). Justice for Victims Before the International Criminal Court. Routledge. ISBN 9781317910824.
Jump up ^ "Decision establishing the principles and procedures to be applied to reparations" (PDF).
Jump up ^ International Criminal Court. "Trust Fund for Victims". Archived from the original on 19 January 2008. Retrieved 29 June 2006. CS1 maint: BOT: original-url status unknown (link) . Accessed 22 June 2007.
Jump up ^ "Article 34" (PDF). Vienna Convention on the Law of Treaties. United Nations. 1969. Retrieved 30 October 2011.
Jump up ^ Article 87 (5)(a) of the Rome Statute. Retrieved 30 October 2008.
^ Jump up to: a b c d Zhu, Wenqi (2006). "On Co-Operation by States Not Party to the International Criminal Court" (PDF). International Review of the Red Cross. International Committee of the Red Cross (861): 87–110.
Jump up ^ Article 25 of the UN Charter Archived 20 February 2009 at the Wayback Machine.. Retrieved 30 October 2008.
Jump up ^ Article 89 of Additional Protocol I from 1977. Accessed on 30 October 2008.
Jump up ^ Military and Paramilitary Activities in and against Nicaragua (Nicaragua v. the United States of America), Merits, Judgment, ICJ Reports 1986, p. 114, para. 220.
Jump up ^ Article 99 of the Rome Statute. Retrieved 30 October 2008.
Jump up ^ Article 87(5) of the Rome Statute. Accessed on 30 October 2008.
^ Jump up to: a b Anthony Dworkin (December 2003). "Introduction" in The International Criminal Court: An End to Impunity? Crimes of War Project. Accessed 18 September 2007.
^ Jump up to: a b Article 16 of the Rome Statute. Accessed 20 March 2008.
Jump up ^ Article 53 of the Rome Statute. Accessed 20 March 2008.
Jump up ^ Tim Cocks (30 May 2007). ""Uganda Urges Traditional Justice for Rebel Crimes"". Archived from the original on 21 February 2008. Retrieved 31 May 2007. CS1 maint: BOT: original-url status unknown (link) . Reuters. Accessed 31 May 2007.
Jump up ^ Alasdair Palmer (14 January 2007). "When Victims Want Peace, Not Justice". The Sunday Telegraph. Accessed 15 January 2007.
Jump up ^ Alena Skodova (12 April 2002). "Czech Parliament Against Ratifying International Criminal Court". Radio Prague. Accessed 11 January 2007.
Jump up ^ See, for example, Kofi Annan (4 October 2000). Report of the Secretary-General on the Establishment of a Special Court for Sierra Leone, para. 22. Accessed 31 December 2006.
Jump up ^ Jean-Marie Henckaerts & Louise Doswald-Beck, 2005. Customary International Humanitarian Law, Volume I: Rules, pp. 613–614. Cambridge: Cambridge University Press. ISBN 978-0-521-80899-6.
Jump up ^ Article 3 of the Rome Statute. Retrieved 18 October 2013.
Jump up ^ The legal relationship between the ICC and the Netherlands is governed by a headquarters agreement, which entered into force on 1 March 2008. (See International Criminal Court, 2008: Headquarter Agreement between the International Criminal Court and the Host State at the Internet ArchivePDF (2.23 MB). Retrieved 1 June 2008.)
Jump up ^ "ICC Permanent Premises". Retrieved 22 February 2016.
Jump up ^ "The Hague - International Zone". Retrieved 5 May 2016.
Jump up ^ "ICC – Permanent Premises". International Criminal Court. Retrieved 19 February 2012.
Jump up ^ http://www.icc-cpi.int/menus/icc/press%20and%20media/press%20releases/press%20releases%20%282010%29/pr502
Jump up ^ "ICC - Timeline". Retrieved 5 May 2016.
Jump up ^ "ICC Permanent Premises". Retrieved 5 May 2016.
Jump up ^ http://www.icc-cpi.int/NR/rdonlyres/075EA925-13F6-4C02-8FC7-2FB0C528EDB9/0/IccBuilding0110EngWeb.pdf
Jump up ^ http://www.netherlandsmission.org/article.asp?articleref=AR00001283EN&categoryvalue=statements&subcategoryvalue=
^ Jump up to: a b Emma Thomasson, 28 February 2006. ICC says cells ready for Uganda war crimes suspects. Reuters. Retrieved 18 June 2007.
Jump up ^ International Criminal Court, 18 October 2005. "Report on the future permanent premises of the International Criminal Court: Project Presentation" (PDF). (537 KB), p. 23. Retrieved 18 June 2007.
Jump up ^ International Criminal Court, January 2007. "Socorro Flores Liera Head of the Liaison Office to the UN". Archived from the original on 10 October 2007. Retrieved 11 June 2008. CS1 maint: BOT: original-url status unknown (link) . Retrieved 10 June 2008.
^ Jump up to: a b International Criminal Court, 18 October 2007. "The Registrar Inaugurates the ICC Field Office in Bangui". Archived from the original on 29 October 2007. Retrieved 11 June 2008. CS1 maint: BOT: original-url status unknown (link) . Accessed 10 June 2008.
^ Jump up to: a b "Resolution ICC-ASP/6/Res.4" (PDF). Part III – Resolutions and recommendations adopted by the Assembly of States Parties. International Criminal Court. 14 December 2007. Archived from the original (PDF, 323 KB) on 9 April 2008. Retrieved 30 October 2011. Programme budget for 2008, the Working Capital Fund for 2008, scale of assessments for the apportionment of expenses of the International Criminal Court and financing appropriations for the year 2008
Jump up ^ "Report on programme performance of the International Criminal Court for the year 2007" (PDF). Assembly of States Parties, Seventh Session. International Criminal Court. 26 May 2008. Archived from the original (PDF, 309 KB) on 25 June 2008. Retrieved 30 October 2011.
Jump up ^ Programme budget for 2009, the Contingency Fund, the Working Capital Fund for 2009, scale of assessments for the apportionment of expenses of the International Criminal Court and financing appropriations for the year 2009:
Assembly of States Parties (21 November 2008). "Resolution ICC-ASP/7/Res.1" (PDF). Part III – Resolutions adopted by the Assembly of States Parties. International Criminal Court. Retrieved 30 October 2011.
^ Jump up to: a b "The Court Today" (PDF). International Criminal Court. 25 April 2017. Retrieved 11 August 2017.
Jump up ^ "The world's enduring dictators". CBS News. 16 May 2011.
Jump up ^ "Situations under investigation". ICC. Retrieved 2016-10-01.
Jump up ^ "Preliminary examinations". ICC. Retrieved 2016-10-01.
Jump up ^ "Statement of the Prosecutor of the International Criminal Court, Fatou Bensouda, concerning referral from the Gabonese Republic". ICC. 2016-09-29. Retrieved 2016-09-30.
Jump up ^ Kevin Sieff (21 March 2016). "In historic ruling, international court cites rape in war crimes conviction of ex-Congo official". Washington Post.
Jump up ^ "Situations under investigation". ICC. Retrieved 2016-10-01.
Jump up ^ "Preliminary examinations". ICC. Retrieved 2016-10-01.
Jump up ^ "Statement of the Prosecutor of the International Criminal Court, Fatou Bensouda, concerning referral from the Gabonese Republic". ICC. 2016-09-29. Retrieved 2016-09-30.
^ Jump up to: a b c d e f g "Report on Preliminary Examination Activities (2017)" (PDF). ICC. 2017-12-04. Retrieved 2017-12-05.
Jump up ^ "Communications Received by the Office of the Prosecutor of the ICC" (PDF). ICC. 2003-07-16. Retrieved 2016-09-30.
Jump up ^ "ICC - Prosecutor receives referral of the situation in the Democratic Republic of Congo". ICC. 2004-04-19. Retrieved 2016-09-30.
Jump up ^ "ICC - The Office of the Prosecutor of the International Criminal Court opens its first investigation". ICC. 2004-06-23. Retrieved 2016-09-30.
Jump up ^ "The Statement of the International Criminal Court, Luis Moreno-Ocampo in relation to Cote D'Ivoire". ICC. 2011-06-22. Retrieved 2016-09-30.
Jump up ^ "ICC-02/11: Situation in the Republic of Côte d'Ivoire Decision Pursuant to Article 15 of the Rome Statute on the Authorisation of an Investigation into the Situation in the Republic of Côte d'Ivoire" (PDF). ICC. 2011-10-03. Retrieved 2016-09-30.
Jump up ^ "ICC - ICC Holds Seminar with Ugandan Judicial Authorities". ICC. 2005-10-26. Retrieved 2016-09-30.
Jump up ^ "ICC - Prosecutor of the International Criminal Court opens an investigation into Nothern [sic] Uganda". ICC. 2004-07-29. Retrieved 2016-09-30.
Jump up ^ "ICC - Prosecutor receives referral concerning Central African Republic". ICC. 2007-01-07. Retrieved 2016-09-30.
Jump up ^ "Prosecutor opens investigation in the Central African Republic". ICC. 2007-05-22. Retrieved 2016-09-30.
Jump up ^ "ICC - Security Council refers situation in Darfur to ICC Prosecutor". ICC. 2005-04-01. Retrieved 2016-09-30.
Jump up ^ "The Prosecutor of the ICC opens investigation in Darfur". ICC. 2007-06-06. Retrieved 2016-09-30.
^ Jump up to: a b "Preliminary examination: Iraq/UK". ICC. Retrieved 2016-09-30.
Jump up ^ "Preliminary examination: Venezuela". ICC. Retrieved 2016-09-30.
Jump up ^ "Preliminary examination: Afghanistan". ICC. Retrieved 2016-11-21.
Jump up ^ "OTP statement in relation to events in Kenya" (PDF). ICC. 2008-02-05. Retrieved 2016-09-30.
Jump up ^ "ICC judges grant the Prosecutor's request to launch an investigation on crimes against humanity with regard to the situation in Kenya". ICC. 2010-03-31. Retrieved 2016-09-30.
Jump up ^ "ICC Prosecutor confirms situation in Georgia under analysis". ICC. 2008-08-20. Retrieved 2016-09-30.
Jump up ^ "ICC Pre-Trial Chamber I authorises the Prosecutor to open an investigation into the situation in Georgia". ICC. 2016-01-27. Retrieved 2016-09-30.
Jump up ^ "Update on Situation in Palestine" (PDF). ICC. 2012-04-03. Retrieved 2016-09-30.
Jump up ^ "Preliminary examination: Guinea". ICC. Retrieved 2016-09-30.
Jump up ^ "Statement of the Prosecutor of the International Criminal Court, Fatou Bensouda, on the conclusion of the preliminary examination into the situation in Honduras". ICC. 2015-10-28. Retrieved 2016-09-30.
Jump up ^ "Statement of the Prosecutor of the International Criminal Court, Fatou Bensouda, on the conclusion of the preliminary examination of the situation in the Republic of Korea". ICC. 2014-06-23. Retrieved 2016-09-30.
Jump up ^ "In Swift, Decisive Action, Security Council Imposes Tough Measures on Libyan Regime, Adopting Resolution 1970 in Wake of Crackdown on Protesters". United Nations. 2011-02-26. Retrieved 2016-09-30.
Jump up ^ "Statement by the Office of the Prosecutor on situation in Libya". ICC. 2011-02-28. Retrieved 2016-09-30.
Jump up ^ "Statement of the Prosecutor on the opening of the investigation into the situation in Libya" (PDF). ICC. 2011-03-03. Retrieved 2016-09-30.
Jump up ^ "ICC Prosecutor Fatou Bensouda on the Malian State referral of the situation in Mali since January 2012". ICC. 2012-07-18. Retrieved 2016-09-30.
Jump up ^ "ICC Prosecutor opens investigation into war crimes in Mali: 'The legal requirements have been met. We will investigate'". ICC. 2013-01-16. Retrieved 2016-09-30.
Jump up ^ "Statement of ICC Prosecutor, Fatou Bensouda, on the Situation on registered vessels of the Union of the Comoros et al". ICC. 2017-11-30. Retrieved 2017-12-01.
^ Jump up to: a b "Preliminary examination: Registered Vessels of Comoros, Greece and Cambodia". ICC. Retrieved 2016-09-30.
Jump up ^ "Statement of the Prosecutor of the International Criminal Court, Fatou Bensouda, on opening a second investigation in the Central African Republic". ICC. 2014-09-24. Retrieved 2016-09-30.
Jump up ^ "Statement by ICC Prosecutor, Mrs Fatou Bensouda, on the referral submitted by Palestine". ICC. 2018-05-22. Retrieved 2018-05-25.
Jump up ^ "Situation: Republic of Burundi". ICC. Retrieved 2017-11-15.
^ Jump up to: a b "Statement of the Prosecutor of the International Criminal Court, Mrs Fatou Bensouda, on opening Preliminary Examinations into the situations in the Philippines and in Venezuela". ICC. 2017-02-08. Retrieved 2017-02-08.
Jump up ^ ICC case information sheet on the Lubanga case. Retrieved 1 October 2017.
Jump up ^ ICC Judges decline to reduce Mr Thomas Lubanga Dyilo’s sentence. ICC press release. 22 September 2015. Retrieved 27 September 2015.
Jump up ^ ICC case information sheet on the Ntaganda case. Retrieved 1 October 2017.
Jump up ^ ICC case information sheet on the Katanga case. Retrieved 1 October 2017.
Jump up ^ DR Congo to prosecute militia leader Katanga, convicted by ICC. Yahoo News. 18 January 2016. Retrieved 28 January 2016.
Jump up ^ ICC Presidency approves the prosecution of Mr Germain Katanga by national authorities of the Democratic Republic of the Congo. ICC press release. 7 April 2016. Retrieved 10 April 2016.
Jump up ^ ICC case information sheet on the Chui case. Retrieved 1 October 2017.
Jump up ^ ICC case information sheet on the Mbarushimana case. Retrieved 1 October 2017.
Jump up ^ Mbarushimana case: ICC Appeals Chamber rejects the Prosecution’s appeal. ICC. Retrieved 30 May 2012.
Jump up ^ ICC case information sheet on the Mudacumura case.. Retrieved 1 October 2017.
Jump up ^ ICC case information sheet on the Kony-Otti case. Retrieved 1 October 2017.
Jump up ^ Vincent Otti is confirmed dead. New Vision. 22 November 2007. Retrieved 28 February 2012.
Jump up ^ ICC case information sheet on the Ongwen case. Retrieved 23 March 2017.
Jump up ^ ICC case information sheet on the Bemba case. Retrieved 23 March 2017.
Jump up ^ Article 110 (3) of the Rome Statute of the International Court states that "[w]hen the person has served two thirds of the sentence, or 25 years in the case of life imprisonment, the Court shall review the sentence to determine whether it should be reduced. Such a review shall not be conducted before that time." Article 78 (3) of the Rome Statute specifies that "[i]n imposing a sentence of imprisonment, the Court shall deduct the time, if any, previously spent in detention in accordance with an order of the Court. The Court may deduct any time otherwise spent in detention in connection with conduct underlying the crime." The Court's Trial Chamber III determined in its sentencing decision that the time since 24 May 2008 is to be deducted from the sentence. Thus, Jean-Pierre Bemba is to be released on or before 24 May 2026. Starting from 24 May 2008, two-thirds of 18 years (twelve years) will elapse on 24 May 2020.
Jump up ^ ICC case information sheet on the Bemba et al. case. Retrieved 23 March 2017.
Jump up ^ Bemba et al. case: Trial Chamber VII issues sentences for five convicted persons. ICC press release. 22 March 2017. Retrieved 23 March 2017.
Jump up ^ ICC case information sheet on the Haroun-Kushayb case. Retrieved 4 August 2011.
Jump up ^ ICC case information sheet on the al-Bashir case. Retrieved 4 August 2011.
Jump up ^ ICC case information sheet on the Abu Garda case. Retrieved 4 August 2011.
Jump up ^ ICC case information sheet on the Banda case. Last updated 11 September 2014. Retrieved 25 September 2014.
Jump up ^ ICC case information sheet on the Hussein case. Retrieved 1 March 2012.
Jump up ^ ICC case information sheet on the Ruto-Sang case. Retrieved 30 April 2012.
Jump up ^ Ruto and Sang case: ICC Trial Chamber V(A) terminates the case without prejudice to re-prosecution in future. ICC press release. 5 April 2016. Retrieved 10 April 2016.
Jump up ^ ICC case information sheet on the Kenyatta case. Last updated 15 December 2014. Retrieved 3 January 2015.
Jump up ^ The Prosecutor v. Walter Osapiri Barasa. ICC information page. Retrieved 5 May 2016.
Jump up ^ The Prosecutor v. Paul Gicheru and Philip Kipkoech Bett. ICC information page. Retrieved 5 May 2016.
Jump up ^ ICC case information sheet on the Gaddafi case. Retrieved 28 June 2015.
Jump up ^ ICC case information sheet on the Al-Tuhamy case. Retrieved 3 May 2017.
Jump up ^ ICC case information sheet on the Al-Werfalli case. Retrieved 1 October 2017.
Jump up ^ ICC case information sheet on the L. Gbagbo-Blé Goude case. Retrieved 16 January 2016.
Jump up ^ Statement of ICC-Prosecutor at the Commencement of Trial in the case against Messrs. Laurent Gbagbo and Charles Blé Goudé. Office of the Prosecutor press release. 28 January 2016. Retrieved 28 January 2016.
Jump up ^ ICC case information sheet on the Simone Gbagbo case. Retrieved 8 December 2012.
Jump up ^ Ivory Coast jails ex-first lady for 20 years over poll violence, Reuters (March 10, 2015).
Jump up ^ Simone Gbagbo goes on trial accused of crimes against humanity, Agence France-Presse (May 31, 2016).
Jump up ^ ICC case information sheet on the al-Faqi case. Retrieved 9 October 2016.
Jump up ^ Article 110 (3) of the Rome Statute of the International Court states that "[w]hen the person has served two thirds of the sentence, or 25 years in the case of life imprisonment, the Court shall review the sentence to determine whether it should be reduced. Such a review shall not be conducted before that time." Article 78 (3) of the Rome Statute specifies that "[i]n imposing a sentence of imprisonment, the Court shall deduct the time, if any, previously spent in detention in accordance with an order of the Court. The Court may deduct any time otherwise spent in detention in connection with conduct underlying the crime." The Court's Trial Chamber VIII determined in its sentencing decision that the time since 18 September 2015 is to be deducted from the sentence. Thus, Ahmad Al-Mahdi is to be released on or before 18 September 2024. Starting from 18 September 2015, two-thirds of nine years (six years) will elapse on 18 September 2021.
Jump up ^ Situation in the Central African Republic II. ICC information page. Retrieved 2 May 2016.
Jump up ^ Situation in Georgia. ICC information page. Retrieved 2 May 2016.
Jump up ^ Situation in the Republic of Burundi. ICC information page. Retrieved 15 November 2017.
Jump up ^ "Abadir M. Ibrahim, The International Criminal Court in Light of Controlling Factors of the Effectiveness of International Human Rights Mechanisms, 7 Eyes on the International Criminal Court (2011)" (PDF). Retrieved 4 November 2011.
^ Jump up to: a b International Criminal Court, 1 February 2007. "UN Secretary-General visits ICC". Archived from the original on 11 February 2007. Retrieved 10 February 2007. CS1 maint: BOT: original-url status unknown (link) . Accessed 1 February 2007.
Jump up ^ International Criminal Court, August 2006. Report of the International Criminal Court for 2005–2006 at the Internet ArchivePDF (68.5 KB). Accessed 14 May 2007.
Jump up ^ Negotiated Relationship Agreement between the International Criminal Court and the United Nations at the Internet ArchivePDF (130 KB). Retrieved 23 November 2006.
Jump up ^ Coalition for the International Criminal Court, 12 November 2004. "Q&A: The Relationship Agreement between the ICC and the UN" (PDF). (64.8 KB). Accessed 23 November 2006.
^ Jump up to: a b c d e f g h i j Schiff, Benjamin (2008). Building the International Criminal Court. Cambridge University Press.
^ Jump up to: a b "About the Coalition". Coalition for the International Criminal Court.
Jump up ^ "ICC AND AFRICA - International Criminal Court and African Sovereignty". Retrieved 5 May 2016.
Jump up ^ https://www.reuters.com/article/2011/01/30/ozatp-africa-icc-idAFJOE70T01R20110130 African Union accuses ICC prosecutor of bias
Jump up ^ "The European Union's Africa Policies". Retrieved 5 May 2016.
Jump up ^ "Is this the end for the International Criminal Court?".
Jump up ^ Africa and the International Criminal Court: A drag net that catches only small fish?, Nehanda Radio, By William Muchayi, 24 September 2013, http://nehandaradio.com/2013/09/24/africa-and-the-international-criminal-court-a-drag-net-that-catches-only-small-fish/
Jump up ^ Europe - From Lubanga to Kony, is the ICC only after Africans?. France 24 (15 March 2012). Retrieved on 28 April 2014.
Jump up ^ Darleen Seda. "Dissatisfaction with the court". D+C, Development and Cooperation. Retrieved 16 December 2016.
Jump up ^ Peter Cluskey (4 October 2013). "Kenya pushing for African split from International Criminal Court". Irishtimes.com. Retrieved 12 April 2015.
Jump up ^ Fortin, Jacey (12 October 2013). "African Union Countries Rally Around Kenyan President, But Won't Withdraw From The ICC". International Business Times. Retrieved 12 October 2013.
Jump up ^ Africans urge ICC not to try heads of state - Africa. Al Jazeera English. Retrieved on 28 April 2014.
Jump up ^ ICC rules Kenya VP must attend his trial - Africa. Al Jazeera English. Retrieved on 28 April 2014.
Jump up ^ Africans push UN to call off 'racist' court - Features. Al Jazeera English. Retrieved on 28 April 2014.
Jump up ^ "UN rejects trial deferral for Kenyan leaders". Al Jazeera. 16 November 2013. Retrieved 25 January 2014.
Jump up ^ "Kenya vows to have ICC statute amended". Retrieved 5 May 2016.
Jump up ^ Kaberia, Judie (20 November 2013). "Win for Africa as Kenya agenda enters ICC Assembly". Retrieved 23 November 2013.
Jump up ^ Jane Onyanga-Omara (26 October 2016). "Gambia latest African nation to withdraw from International Criminal Court". usatoday.com. Retrieved 26 October 2016.
Jump up ^ Ofeibea Quist-Arcton (26 October 2016). "South Africa Withdraws From International Court; Others Follow". npr.org. Retrieved 26 October 2016.
Jump up ^ "Gambia rejoins ICC". Dispatches. Human Rights Watch. Retrieved 14 July 2017.
Jump up ^ "ICC withdrawal 'unconstitutional and invalid', high court rules". News24. Media24. Retrieved 6 July 2017.
Jump up ^ "SA formally revokes ICC withdrawal". Eyewitness News. Primedia. Retrieved 6 July 2017.
Jump up ^ "ANC is sticking to its guns on ICC withdrawal". Business Day. TMG. Retrieved 6 July 2017.
Jump up ^ Human Rights Watch, "U.S.: 'Hague Invasion Act' Becomes Law". 3 August 2002. Accessed 8 January 2007.
Jump up ^ John Sutherland, "Who are America's real enemies?". The Guardian, 8 July 2002. Accessed 8 January 2007.
Jump up ^ Scharf, Michael (4 April 2016). "War Crimes Prosecution Watch, Vol.Issue 2". Retrieved 16 September 2016.
Jump up ^ Nalepa, Monika; Powell, Emilia Justyna (12 February 2015). "The Role of Domestic Opposition and International Justice Regimes in Peaceful Transitions of Power". Journal of Conflict Resolution: 0022002714567946. doi:10.1177/0022002714567946. ISSN 0022-0027.
Jump up ^ Alana Tiemessen, The International Criminal Court and the lawfare of judicial intervention, International Relations Vol. 30, No. 4, December 2016.
^ Jump up to: a b Hillebrecht, Courtney; Straus, Scott (28 March 2016). "Last week, the International Criminal Court convicted a war criminal. And that revealed one of the ICC's weaknesses". The Washington Post. ISSN 0190-8286. Retrieved 28 March 2016.
Jump up ^ Schabas, W.A., ‘Complementarity in Practice’: Some Uncomplimentary Thoughts, Crim Law Forum (2008) 19: 5. https://doi.org/10.1007/s10609-007-9054-5
Jump up ^ Victor Tsilonis, “The Awakening Hypothesis of the Complementarity Principle”, in C.D. Spinellis, Nikolaos Theodorakis, Emmanouil Billis, George Papadimitrakopoulos (eds.), EUROPE IN CRISIS: CRIME, CRIMINAL JUSTICE AND THE WAY FORWARD, ESSAYS IN HONOUR OF NESTOR COURAKIS, Volume II: Essays in English, French, German, and Italian, (Athens: Ant. N. Sakkoulas Publications), (2017), pp. 1257-1303.
Jump up ^ Situation in Georgia, Public Document with Confidential, EX PARTE, Annexes A, B, C, D.2, E.3, E.7, E.9, F, H and Public Annexes 1, D.1, E.1, E.2, E.4, E.5, E.6, E.8, G, I, J, ICC‐01/15‐4 13‐10‐2015 1/160 EO PT, pp. 132‐133, 150‐151, <https://www.icc‐cpi.int/CourtRecords/CR2015_19375.PDF>, 10 April 2017.
Jump up ^ Statement of the Prosecutor of the International Criminal Court, Ms Fatou Bensouda, regarding the situation in the Kasaï provinces, Democratic Republic of theCongo, 31 March 2017, <https://www.icc‐cpi.int/Pages/item.aspx?name=170331‐otp‐stat>, 10 April 2017.
Further reading[edit]
Archibugi, Daniele, Pease, Alice. Crime and Global Justice. The Dynamics of International Punishment, Polity Press, 2018, ISBN 978-1-50951-262-1.
Bosco, David. Rough Justice: The International Criminal Court's Battle to Fix the World, One Prosecution at a Time, Oxford University Press, 2014.
Broomhall, Bruce. International Justice and the International Criminal Court: Between Sovereignty and the Rule of Law. Oxford: Oxford University Press (2003). ISBN 0-19-927424-X.
de Brouwer, Anne-Marie. Supranational Criminal Prosecution of Sexual Violence: The ICC and the Practice of the ICTY and the ICTR. Antwerp – Oxford: Intersentia (2005). ISBN 90-5095-533-9.
Calvo-Goller, Karin. The Trial Proceedings of the International Criminal Court – ICTY and ICTR Precedents, Martinus Nijhoff Publishers, 2006, (ISBN 90 04 14931 7).
Calvo-Goller, Karin, La procédure et la jurisprudence de la Cour pénale internationale, (Preface by Pr Robert Badinter), Lextenso éditions – La Gazette du Palais, 2012, (ISBN 978-2-35971-029-8).
Cassese, Antonio; Gaeta, Paola; Jones, John R.W.D. (eds.). The Rome Statute of the International Criminal Court: A Commentary. Oxford: Oxford University Press (2002). ISBN 978-0-19-829862-5.
Chappell, Louise, 'The Role of the ICC in Transitional Gender Justice: Capacity and Limitations' in Susanne Buckley-Zistel/Ruth Stanley (eds.): Gender in Transitional Justice, Palgrave, 2012, pp. 37–58.
Köchler, Hans. Global Justice or Global Revenge? International Criminal Justice at the Crossroads. Vienna/New York: Springer, 2003, ISBN 3-211-00795-4.
Fichtelberg, Aaron. "Fair Trials and International Courts: A Critical Evaluation of the Nuremberg Legacy." Criminal Justice Ethics 28.1 (2009): 5-24.
Kreicker, Helmut (July 2009). "Immunität und IStGH: Zur Bedeutung völkerrechtlicher Exemtionen für den Internationalen Strafgerichtshof" (PDF). Zeitschrift für internationale Strafrechtsdogmatik (ZIS).
Kreicker, Helmut. Völkerrechtliche Exemtionen: Grundlagen und Grenzen völkerrechtlicher Immunitäten und ihre Wirkungen im Strafrecht. 2 vol., Berlin 2007, ISBN 978-3-86113-868-6. See also "S107". Mpicc.de. 30 November 2010. Retrieved 1 March 2011.
Roach, Steven C. (ed.). Governance, Order, and the International Criminal Court: Between Realpolitik and a Cosmopolitan Court. Oxford: Oxford University Press (2009). ISBN 978-0-19-954673-2.
Lee, Roy S. (ed.). The International Criminal Court: The Making of the Rome Statute. The Hague: Kluwer Law International (1999). ISBN 90-411-1212-X.
Lee, Roy S.; Friman, Hakan (eds.). The International Criminal Court: Elements of Crimes and Rules of Procedure and Evidence. Ardsley, NY: Transnational Publishers (2001). ISBN 1-57105-209-7.
Morris, Madeline (ed.). "The United States and the International Criminal Court", Law and Contemporary Problems, Winter 2001, vol. 64, no. 1. Retrieved 2007-07-24.
Moffett, Luke. Justice for Victims before the International Criminal Court, Routledge (2014). ISBN 978-0415722391.
Schabas, William A. An Introduction to the International Criminal Court (2nd ed.). Cambridge: Cambridge University Press (2004). ISBN 0-521-01149-3.
Schiff, Benjamin N. Building the International Criminal Court. Cambridge: Cambridge University Press (2008) ISBN 9780521873123
Strapatsas, Nicolaos. "Universal Jurisdiction and the International Criminal Court", Manitoba Law Journal, 2002, vol. 29, p. 2.
Sunga, Lyal S.. "The Crimes within the Jurisdiction of the International Criminal Court (Part II, Articles 5–10)", European Journal of Crime, Criminal Law and Criminal Justice vol. 6, no. 4, pp. 377–399 (April 1998).
Sunga, Lyal S. "The Emerging System of International Criminal Law: Developments in Codification and Implementation" (Brill) (1997).
Averting Palestinian Unilateralism: The International Criminal Court and the Recognition of the Palestinian Authority as a Palestinian State, Ambassador Dore Gold with Diane Morrison, October 2010.
External links[edit]
Wikimedia Commons has media related to International Criminal Court.
Wikisource has original text related to this article:
Rome Statute
International Center for Transitional Justice, Criminal Justice page
Official website
Al-Jazeera Inside Story on ICC
The States Parties to the Rome Statute
United Nations website on the Rome Statute
International Criminal Court, International Committee of the Red Cross. -- broken link
The Coalition for the International Criminal Court
The International Criminal Court by Amnesty International USA
Victims' Rights Working Group
"Transnational Crime." Oxford Bibliographies Online: Criminology.
Cosy club or sword of righteousness?, The Economist, Nov.26th, 2011. http://www.economist.com/node/21540230.
"Nice idea, now make it work; The International Criminal Court is struggling to justify itself amid accusations of bias against Africa". economist.com. The Economist. 4 December 2014. Retrieved 22 September 2016.
Immunity of state officials from foreign criminal jurisdiction – Bibliographies on the topics of the International Law Commission (no. 8 in the list) (UNOG Library)
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