international criminal court: jurisdiction and issues
DESCRIPTION
An overview of the ICC, its jurisdiction, and the challenges and issues.TRANSCRIPT
Individual Criminal Liability in International Law
The Rome Statute and the International Criminal Court
AgendaOverview
– What are the history and mission of the ICC?
Jurisdiction
– What crimes are under the jurisdiction of the ICC?
Exercise of Jurisdiction
– How are cases brought to the ICC, not domestic courts?
Issues
– Does the ICC infringe on state sovereignty?
International Criminal Tribunals and the ICC
Ad hoc courts of limited jurisdiction Nuremberg and Tokyo tribunals
International Criminal Tribunal on Rwanda
International Criminal Tribunal on the Former Yugoslavia
Sierra Leone, Timor-Leste, Cambodia...
ICC Expansion in time: A permanent court
Expansion in space: Not limited to regions
Overview of the ICC
Entered into force July 1, 2002
121 parties
Court of last resort
Crimes
Crimes
SeriousCrimes
Crimes
SeriousCrimes
InternationalCrimes
Crimes
SeriousCrimes
Inter-nationalCrimesGenocide
Crimes
SeriousCrimes
Inter-nationalCrimesCrimes
AgainstHumanity
Crimes
SeriousCrimes
Inter-nationalCrimes
War Crimes
Crimes
SeriousCrimes
Inter-nationalCrimes
Crimes of Aggression
Crimes
SeriousCrimes
Inter-nationalCrimes
The Crime of
Genocide
Crimes AgainstHumanity
War CrimesCrimes of Aggression
Genocide
Objective element
– Action: Killing, etc. (Art. 6 (a) to (e))
Subjective element
– Intention: Intent to destroy national, ethnical, racial, religious group
Crimes Against Humanity
Objective element
– Action: Murder, etc. (Art. 7 (a) to (k))
– Condition: Part of widespread/systematic attack
Subjective element
– Knowledge of the attack
War Crimes
Objective element
– Action: Grave Geneva breaches, etc. (Art. 8 (2))
– Condition: In particular when part of policy/plan
Subjective element
Crime of Aggression
Stay tuned! (Art. 5 (2))
Other Limits on Jurisdiction
Temporal jurisdiction
– Crimes committed after entry into force (11 (1))
Admissibility (Art. 17)
– Investigation or prosecution by a state
• Unless unable or unwilling
• Last resort
Exercise of Jurisdiction
ICC Case Checklist
ICC trial
Is the domestic court unable or unwilling to prosecute?
Was the case properly referred?
Is there temporal jurisdiction?
Is the crime under ICC jurisdiction? Art. 5
Art. 11
Art. 13
Art. 17
Exercise of Jurisdictionand State Sovereignty
Of the 3 forms of case referral, which is least problematic when it comes to sovereignty?
Is it justifiable for the Security Council to refer cases to the ICC, even situations in non-ICC states?
Is it justifiable for the ICC prosecutor to initiate cases? Why or why not?
Criticism of the ICC
Lack of oversight, checks & balances
Selectivity
Sovereignty concerns
Makes peace process more difficult
Thinking about the ICC
What checks are there on the ICC’s power?
Is the ICC biased against Africa?
Does the ICC infringe on sovereignty?
Is the ICC doing its job deterring int’l crimes?