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The International criminal court: when it comes into play?

International Criminals & Courts.

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The international criminal court was founded to hold accountable the criminals who commit the world’s worst crimes. Read on to learn when it comes into play.

The International Criminal Court (ICC) is a global legal organization formed on 17 July 1988 by the Rome Statute, a multilateral accord. The International Criminal Court’s headquarters are in Hague, Netherlands. The ICC is a separate entity from the United Nations. Currently, 123 countries are members of the ICC. English, Russian, French, Arabic, Chinese, and Spanish are the six official languages of the ICC. The International Criminal Court (ICC) is the first international court to be established to prosecute the world’s most serious crimes, such as crimes that happen during wars, genocide, offences against humanity etc.

What is the purpose of the ICC?

The international criminal court was established to promote law and order and to ensure that those who commit the world’s worst crimes face justice. Since July 2018, the International Criminal Court (ICC) has had jurisdiction over aggressive offences. As a global justice institution, the International Criminal Court operates independently of the United Nations.

Activities of ICC

While the ICC is not technically part of the UN, it has an agreement with the United Nations to give security in its activities and help its investigation. The Rome statute’s international treaty defined the ICC structure, jurisdiction, and functions. The international criminal court charged the guilty people with the most heinous crimes. These crimes happen globally during armed conflicts, which causes hunger, death, and suffering for millions.

How does the ICC work?

The ICC is the international platform to deal with the criminals responsible for the gravest crimes in the world. Those crimes are genocide, war crimes, and a crime against humanity collectively called atrocity crimes.

Atrocity crimes

Because they all have common characteristics, these crimes are referred to be atrocity crimes. For example, the brutal murder of an entire village may be classified as war crimes, genocide, or humanitarian crimes, or all three, depending on the circumstances. The environment in which the crime is committed, as well as the offenders’ intent, define the offence.

  • Crime against humanity

It is a serious crime committed widespread and considered violent aggression against the general population. Humanitarian offences incorporate murder, slavery, torture, rape, extermination, and prosecution. These types of crimes can happen in peace or war.

  • War crimes

War crimes happen worldwide during armed conflicts. When two or more states use armed force against each other, these crimes can also occur during the civil war. Murder and theft are unrelated to war crimes, even during armed conflicts. War crimes incorporate attacking civilians in war and illegally capturing the opposite side’s property, land, or territory.

  • Genocide

Killing is the crime committed to wiping out the entire religious, national, racial or ethnic groups. Race murder crimes incorporate killing or making serious substantial and mental harm to the specific group. It can likewise incorporate forcing measures to prevent the birth of the group or purposely cause physical destruction to the group. These types of crimes can occur during war or peace.

When can the international criminal court exercise its jurisdiction?

The international criminal court can practice its jurisdiction where one or more of these crimes are involved, such as war offences, humanitarian crimes, genocide, and aggression crimes.

  • The case can be assigned to the prosecutor by the state party, for example, as the case of DR Congo and Uganda.
  • The UN security council can also assign the case to the ICC, for example, as in the case of Libya.
  • The prosecutor of the ICC can also start the investigation on Proprio Motu (to start an initiative on its own without the request of other parties).

The ICC work hand in hand with local jurisdiction

The international criminal court and national judicial systems are mutually beneficial. When the state is unwilling or unable to prosecute individuals responsible for the worst crimes, the ICC steps in. However, the ICC believes that other criminals involved in these operations will be investigated and brought to justice by national authorities. To put it another way, The ICC, on the other hand, believes that national authorities will investigate and prosecute other criminals involved in these operations. To put it another way, if you’re looking for a unique approach to express.

Structure of the ICC

The following components make up the ICC structure.

  • Presidency

The presidency handles the overall administration of the ICC court, except the OTP (Office of The Prosecutor). Presidency performs the specific function which is assigned as per Rome statute. The presidency of the ICC consists of one president and two vice presidents, who are judges.

  • Chambers

The chamber’s compromise of eighteen judges. The eighteen judges are organized into three divisions: pre-trial, trial, and appeal. All eighteen judges manage the court and conclude who is liable, and their sentence and decide who the victim is. After then, judges from all divisions are chosen for chambers, which will oversee the ICC court’s proceedings on specific cases and circumstances at various stages of the legal process.

  • Office of the prosecutor

The OTP is liable for investigating and indicting those guilty of the worst crimes like war crimes, humanitarian offences, genocide, and aggression crimes. OTP consist of the prosecutor, head of the prosecution,  two deputy prosecutors and head of the investigation.

  • Registry

The registrar has the duty of running the ICC court’s authoritative side, which incorporates legal representation, victim’s support, security issues, and participation. The registrar works with the prosecutor to ensure that witnesses are safe and protected.

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