Introduction

1. The International Criminal Court (ICC) is an intergovernmental organization and international tribunal that is situated in The Hague in Netherland. 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 investigations to the Court.

2. 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. Currently, there are 123 states which are party to the Rome Statute and therefore members of the ICC.

3. International criminal court established to help end impunity for the perpetrators of the most serious crimes of concern to the international community. an independent international organisation, and is not part of the United Nations system.

4. The ICC is a court of last resort. It will not act if a case is investigated or prosecuted by a national judicial system unless the national proceedings are not genuine, for example if formal proceedings were undertaken solely to shield a person from criminal responsibility.

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State Parties To Rome Statute

Party

Signatory that has not ratified

Non state party, non signatory

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History

5. The establishment of an international tribunal to judge political leaders accused of international crimes was first proposed during the Paris Peace Conference in 1919. The issue was addressed again at a conference held in Geneva in 1937, which resulted in the first convention stipulating the establishment of a permanent international court to try acts of international terrorism and 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 in Nuremberg and Tokyo.

6. In 1948 the United Nations General Assembly first recognized the need for a permanent international court to deal with atrocities. 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. The UNSC established two ad hoc tribunals in early 1990s. The International Criminal Tribunal for the former Yugoslavia in 1993 and for Rwanda in 1994, further highlighted the need for a permanent international criminal court.

7. In 1994, the ILC presented its final draft statute for the ICC to the General Assembly. From 1996 to 1998, six sessions of the Preparatory Committee were held at the United Nations headquarters in New York City. Finally a conference was convened in Rome in June 1998, with the aim of finalizing Court's statute. On 17 July 1998, the Rome Statue of ICC was adopted by a vote of 120 to 7. The seven countries that voted against the treaty were China, Iraq, Israel, Libya, Qatar, The United States, and Yemen. The Rome Statute entered into force on 1 July 2002 and the International Criminal Court was formally established. 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.

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Structure

8. The ICC is governed by an Assembly of States Parties, which is made up of the states which are party to the Rome Statute. The Assembly elects officials of the Court, approves its budget, and adopts amendments to the Rome Statute.

The Court itself is composed of four organs:

(a) The Presidency(b) The Judicial Divisions(c) The Office of the Prosecutor(d) The Registry.

9. Assembly Of State Parties

(a) As of May 2015, 123 states 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. A further 31 countries have signed but not ratified the Rome Statute. 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. Three signatory states—Israel, Sudan and the United States have informed the UN Secretary General that they no longer intend to become states parties. 41 United Nations member states have neither signed nor acceded to the Rome Statute; some of them, including China and India, are critical of the Court.(b) Assembly of States Parties, consists of one representative from each state party. The Assembly elects the judges and prosecutors, decides the Court's budget, adopts important texts and provides management oversight to the other organs of the Court. In 2010, Kampala, Uganda hosted the Assembly's Rome Statute Review Conference. The Assembly meets in full session once a year in New York or The Hague, and may also hold special sessions where circumstances require.

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10. Organs Of The Court

(a) Presidency

(i) Responsible for the proper administration of the Court (apart from the Office of the Prosecutor). (ii) 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 max of two three-year terms. (iii) The current (and first female) president is Silvia Fernández de Gurmendi, who was elected on 11 March 2015.

(b) Judicial Divisions

(i) 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.(ii) Judges are elected to the Court by the Assembly of States Parties. They serve nine-year terms and are not generally eligible for re-election. (iii) All judges must be nationals of states parties to the Rome Statute, and no two judges may be nationals of the same state. 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". (iv) The removal of a judge requires both a two-thirds majority of the other judges and a two-thirds majority of the states parties.

(c) Office of the Prosecutor

(i) The Office of the Prosecutor is responsible for conducting investigations and prosecutions. (ii) Headed by the Chief Prosecutor, who is assisted by one or more Deputy Prosecutors. (iii) The Rome Statute provides that the Office of the Prosecutor shall act independently; as such, no member of the Office may seek or act on instructions from any external source, such as states, international organizations, non-governmental organizations or individuals.

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(iv) The Prosecutor may open an investigation under three circumstances:

(aa) when a situation is referred to him or her by a state party;(ab) 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(ac) when the Pre-Trial Chamber authorizes him or her to open an investigation on the basis of information received from other sources, such as individuals or non-governmental organizations.

(v) 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.

(d) Registry

(i) Responsible for the non-judicial aspects of the administration and servicing of the Court which includes the administration of legal aid matters, court management, victims and witnesses matters, defense counsel, detention unit, and the traditional services provided by administrations in international organizations, such as finance, translation, building management, procurement and personnel". (ii) The Registry is headed by the Registrar, who is elected by the judges to a five-year term. The current Registrar is Herman von Hebel, who was elected on 8 March 2013.

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Situations And Cases

11. 22 cases in 9 situations have been brought before the International Criminal Court. To date, four States Parties to the Rome Statute – Uganda, the Democratic Republic of the Congo, the Central African Republic and Mali – have referred situations occurring on their territories to the Court. In addition, the Security Council has referred the situation in Darfur, Sudan, and the situation in Libya – both non-States Parties.

12. Situation In Uganda. Five warrants of arrest have been issued against five top members of the Lords Resistance Army (LRA) Joseph Kony, Vincent Otti, Okot Odhiambo and Dominic Ongwen and are currently being heard before Pre-Trial Chamber II. On 16 January 2015, Dominic Ongwen was surrendered to the ICC's custody and transferred to the ICC Detention Centre on 21 January 2015. His initial appearance before the single Judge of Pre-Trial Chamber II took place on 26 January 2015. The opening of the confirmation of charges hearing in respect of Dominic Ongwen is scheduled for 21 January 2016. On 6 February 2015, Pre-Trial Chamber II severed the proceedings against Dominic Ongwen.

13. Situation In The Democratic Republic Of The Congo

(a) Thomas Lubanga Dyilo, Germain Katanga and Bosco Ntaganda are currently in the custody of the ICC. Trial Chamber I convicted Mr Lubanga Dyilo on 14 March 2012. The trial had started on 26 January 2009 and on 10 July 2012, he was sentenced to a total period of 14 years of imprisonment. On 1 December 2014, the Appeals Chamber confirmed, by majority, the verdict declaring Mr Lubanga guilty and the decision sentencing him to 14 years of imprisonment. On 3 March 2015, the Appeals Chamber amended Trial Chamber I's order for reparations and instructed the Trust Fund for Victims to present a draft implementation plan for collective reparations to the newly constituted Trial Chamber I within six months. (b) The trial in the case of Germain Katanga and Mathieu Ngudjolo Chui started on 24 November 2009. On 7 March 2014, Trial Chamber II found Germain Katanga guilty, of one count of crime against humanity (murder) and four counts of war crimes committed on 24 February 2003 during the attack on the village of Bogoro, in the Ituri district of the DRC. On 23 May

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2014, Trial Chamber II sentenced Germain Katanga to a total of 12 years imprisonment.(c) On 22 March 2013, Bosco Ntaganda surrendered himself voluntarily and is now in the ICC’s custody. His initial appearance hearing took place on 26 March 2013. The confirmation of charges hearing in the case took place on 10-14 February 2014. On 9 June 2014, Pre-Trial Chamber II unanimously confirmed charges consisting in 13 counts of war crimes and 5 counts of crimes against humanity against him and committed him for trial before a Trial Chamber. The trial in the case is scheduled to open on 2 September 2015 before Trial Chamber VI at the seat of the Court, in The Hague.

14. Situation In Darfur, Sudan

(a) There are five cases: Ahmad Muhammad Harun (”Ahmad Harun”), Ali Muhammad Ali Abd-Al-Rahman (“Ali Kushayb”), Omar Hassan Ahmad Al Bashir, Bahar Idriss Abu Garda, Abdallah Banda Abakaer Nourain, Abdel Raheem Muhammad Hussein. Warrants of arrest have been issued by Pre-Trial Chamber I for Mr Harun, Kushayb, Al Bashir and Hussein.(b) A summons to appear was issued for Mr Abu Garda, who appeared voluntarily before the Chamber on 18 May 2009. Two other summonses to appear were issued for Mr Banda and Mr Jerbo who appeared voluntarily on 17 June 2010 the confirmation of charges hearing took place on 8 December 2010. On 4 October 2013, Trial Chamber IV terminated the proceedings against Jerbo after receiving evidence pointing towards his death on 19 April 2013. On 11 September 2014, Trial Chamber IV issued an arrest warrant against Abdallah Banda Abakaer Nourain.

15. Situation In The Central African Republic

(a) The situation was referred to the Court by the Government of the Central African Republic in December 2004. The Prosecutor opened an investigation in May 2007. The trial in the case of Jean-Pierre Bemba Gombo started before Trial Chamber III on 22 November 2010, for two charges of crimes against humanity and three charges of war crimes, and the closing oral statements took place on 12 and 13 November 2014. (b) On 30 January 2015, the Presidency of the ICC constituted Trial Chamber VII, which will be in charge of the trial in this case. The opening of the trial is scheduled for 29 September 2015. The suspects were subsequently released from ICC custody. On 29 May 2015, the Appeals

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Chamber reversed and remanded to Trial Chamber VII the decisions ordering their interim release.(c) On 24 September 2014, following an independent and comprehensive preliminary examination, the Office of the Prosecutor announced the opening of a second investigation in the Central African Republic with respect to crimes allegedly committed since 2012. On 30 May 2014, the ICC Prosecutor received a referral from the Central African authorities regarding crimes.

16. Situation In The Republic Of Kenya Following summonses to appear issued on 8 March 2011, six Kenyan citizens voluntarily appeared before Pre-Trial Chamber II on 7 and 8 April 2011. The confirmation of charges hearing in the case William Samoei Ruto and Joshua Arap Sang were held from 1 to 8 September 2011. The confirmation of charges hearing in the case of Uhuru Muigai Kenyatta took place from 21 September to 5 October 2011. Pre-Trial Chamber II confirmed the charges against William Samoei Ruto, Joshua Arap Sang, Francis Kirimi Muthaura and Uhuru Muigai Kenyatta and committed them to trial. On 18 March 2013, the charges against Francis Kirimi Muthaura were withdrawn. The trial of William Samoei Ruto and Joshua Arap started on 10 September 2013. On 19 September 2014, Trial Chamber V(b) vacated the trial commencement date in the case Uhuru Muigai Kenyatta, which had been provisionally scheduled for 7 October 2014. On 3 December 2014, ICC Trial Chamber V(b) rejected the Prosecution’s request for further adjournment.

17. Situation In Libya On 26 February 2011, the United Nations Security Council refer the situation in Libya since 15 February 2011 to the ICC Prosecutor. On 3 March 2011, the ICC Prosecutor announced his decision to open an investigation in the situation in Libya. On 27 June 2011, Pre-Trial Chamber I issued three warrants of arrest respectively for Muammar Mohammed Abu Minyar Gaddafi, Saif Al-Islam Gaddafi and Abdullah Al-Senussi for crimes against humanity. On 22 November 2011, case was terminated against Muammar Gaddafi due to his death. On 21 May 2014, the ICC Appeals Chamber confirmed the decision of Pre-Trial Chamber I declaring the case against Saif Al-Islam Gaddafi admissible. On 24 July 2014, the Appeals Chamber unanimously confirmed Pre-Trial Chamber I's decision, declaring the case against Abdullah Al-Senussi inadmissible before the ICC.

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Legal Journals And Tools

18. LEGAL JOURNAL

(a) The Rome Statute(b) The Rules of Procedure and Evidence(c) The Elements of Crimes(d) The Regulations of the Court(e) The Regulations of the Office of the Prosecutor(f) The Regulations of the Registry(g) The Code of Judicial Ethics(h) Staff rules of the International Criminal Court(j) The Staff Regulations(k) The Financial Regulations and Rules(l) The Agreement on the Privileges and Immunities of the International Criminal Court(m) Agreement between the International Criminal Court and the United Nations(n) The Headquarters Agreement with the Host State

19. LEGAL TOOLS

(a) Aspires to equip users with the legal information, digests and software required to work effectively with international criminal law. Serves as a complete virtual library on international criminal law and justice. The Tools comprise the largest online collection of relevant documents and legal digests available through the Case Matrix application.(b) 13 legal documents are included, along with four legal research and reference tools developed by lawyers connected with the Court and external partners, The Case Matrix, the Elements Digest, the Proceedings Digest and the Means of Proof Digest.(c) The Tools comprise the online "Legal Tools Database". It does not necessarily represent views of the ICC, any of its Organs or any participant in proceedings before the ICC or any of the ICC States Parties.(d) The Legal Tools Database is made freely available through www.legal-tools.org. Additionally, criminal jurisdictions, counsel and NGOs that work on core international crimes cases may seek to have access to the Case Matrix.

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Effects On Human Rights Violation

20. Establishment of an international criminal court is understood as a signal that will deter future offenders from committing human rights atrocities.

21. Norms of international criminal law are somewhat vague and sometimes difficult to extract from custom or treaties; a specific set of norms, namely, genocide, crimes against humanity and war crimes has at least now been laid down in the Rome Statute. These are not the only crimes that exist in international criminal law.

22. A criminal investigation and trial has as the ultimate goal to find the person that is truly responsible for the offence in order to punish him. Indeed, the infliction of punishment could not be justified in a democratic society where it is not the procedural certainty that the real offender is being incapacitated. Punishing the wrong person does not bring about the positive effects envisaged.

23. As long as a law is not enforced it can hardly bring about deterring effects. International criminal law has been enforced only in a sporadic way, so that no human rights offender would seriously worry about being indicted.

24. If the prosecution of international crimes would reach a level similar to that of national criminal law, it is still more than doubtful whether criminal law can usher deterrence. Empirical proof of a deterring effect does not exist. Criminologists do attribute deterrence to criminal law, but for reasons of plausibility not because they can point to any convincing data. In no way can the data buttress the common hypothesis that criminal prosecution deters.

25. The civil action aims to award compensation for the tort, i.e. the human rights violation. A civil law suit also attributes responsibility without the moral implication of blame and guilt

26. The promotion and protection of human rights stands as one of the main goals before the international community. Every individual has a legal claim to be protected in these core rights. The protection is one of criminal law.

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Reasons For India Staying Out Of ICC

27. ICC subordinate to the UN Security Council, political interference of permanent members ,to refer cases to the ICC and the power to block ICC proceedings.

28. Provided the extraordinary power to the UN Security Council to bind non-States Parties to the ICC ; this violates a fundamental principle of the Vienna Convention on the Law of Treaties that no state can be forced to accede to a treaty or be bound by the provisions of a treaty it has not accepted.

29. Permitted no reservations or opt-out provisions to enable countries to safeguard their interests if placed in the above situation.

30. Inappropriately vested wide competence and powers to initiate investigations and trigger jurisdiction of the ICC in the hands of an individual prosecutor.

31. Refused to designate of the use of nuclear weapons and terrorism among crimes within the purview of the ICC, as proposed by India.

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Conclusion

32. International criminal Court can help to establish reliability in the principles of humanity and foster the feeling of security and welfare as well as finding a common sense of justice. Finding, censuring, and punishing the responsible persons has a pacifying effect on both the victims and society as a whole. It may well be noted, that the party of the convicted will have feelings of resentment and promise revenge at the next possible time.

33. The world is at the beginning of creating suitable measures to bring about justice in the case of massive human rights violations. The establishing of the ICC is no doubt a major step in the right direction. With regards to the numerous conflicts that still evolve every day in every corner of the world, the implementation of international criminal justice by a group of like-minded states seems almost miserable. Even these modest and early glimmerings of international criminal justice may be dramatic and transformative.

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Bibliography

34. www.icc-cpi.int

35. en.wikipidea.org

36. acontrarioicl.com

37. councilandcourt.org

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REMARKS OF DIRECTING STAFF

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REMARKS OF COMMANDING OFFICER

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REMARKS OF DC & CI

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REMARKS OF COMMANDANT

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