ICC

=INTERNATIONAL CRIMINAL COURT=

-Serve as a court of last resort that can investigate, prosecute and punish the perpetrators of genocide, crimes against humanity and war crimes. -Assist national judiciaries in investigating and prosecuting the worst perpetrators, allowing states to be the first to investigate and prosecute. -Help promote international peace and security by deterring future would-be perpetrators. || -Try individuals accused of the most egregious crimes. For example, crimes against humanity, genocide and war crimes. -To compliment national courts and exercise jurisdiction when states are unwilling or unable to prosecute individuals. -To exercise its authority over crimes committed within the boundaries of any state party to the Rome Statue. __-//Peacekeeping-//__ The establishment of the International Criminal Court (ICC) is one of the most important steps forward in International Law in the last decades. The Court provides the international community with an instrument to defend human rights and pursue justice, for specified crimes that otherwise would be committed with impunity. The action of the ICC is an important step in the process of building reconciliation within and among nations and communities. //__- UN-ICC Relationship:__// The ICC must maintain a strong relationship with the UN, though they are not considered a branch of the UN. This cooperation between the United Nations and the International Criminal Court is under a Relationship Agreement. The partnership and support to the Court has progressively evolved and expanded. -communicate with the UN and try accused persons in matters referred to it by the UN in situations that would not otherwise fall under the Court's jurisdiction. - Cater for the rights of the victims and them to present their views and observations before the Court. || - **__Presidency __** The [|Presidency] is responsible for the overall administration of the Court, with the exception of the Office of the Prosecutor, and for specific functions assigned to the Presidency in accordance with the Statute. The Presidency is composed of three judges of the Court, elected to the Presidency by their fellow judges, for a term of three years. The President of the Court is Judge [|Sang-Hyun Song] (Republic of Korea). Judge [|Fatoumata Dembele Diarra] (Mali) is First Vice-President, and Judge [|Hans-Peter Kaul] (Germany) is Second Vice-President. Two judges must agree for a conviction - The ICC’s other prime administrative body is the Registry, which is responsible for the non-judicial aspects of the administration of court. -The office of the Prosecutor is responsible for receiving referrals and any substantiated information on crimes within the jurisdiction of the Court, for examining them and for conducting investigations and prosecutions before the Court. The Office is headed by the Prosecutor, Luis Moreno-Ocampo ( Argentina ), who was elected by the States Parties for a term of nine years. He can issues indictments and arrest warrants for offending leaders. -The Court depends on the willingness of other states to pressure the non-compliant state, the cost and damage to non-compliant states’ reputation and the willingness of the Security Council to exercise coercive diplomacy. A number of mechanisms exist within the ICC and under the Rome Statute to provide assistance to victims of war crimes, genocide and crimes against humanity. //__- The Trial and Appeals Chambers__// Once charges have been confirmed by the Pre-Trial Chamber, cases are heard by the Trial Chamber, made up of three judges. At this stage the accused is still presumed innocent and has the right to defend himself or herself or to choose counsel. The Appeals Chamber can hear appeals from both the Pre-Trial and Trial chambers. Made up of five judges, the Appeals Chamber has the power to overturn all kinds of lower level decisions, including reparations orders. - **__Other Offices __** The Court also includes a number of semi-autonomous offices such as the [|Office of Public Counsel for victims] and the [|Office of Public Counsel for Defence]. These Offices fall under the Registry for administrative purposes but otherwise function as wholly independent offices. The Assembly of States Parties has also established a Trust Fund for the benefit of victims of crimes within the jurisdiction of the Court and the families of these victims || -T he prosecutor now has formal investigations underway in Darfur, the Democratic Republic of the Congo (DRC), northern Uganda, Sudan, the Central African Republic (CAR) and the Republic of Kenya - targeting some of the world's worst atrocities in recent years. In 2011 the UN Security Council referred the situation in Libya to the Prosecutor. He has issued arrest warrants in each of these cases, and has suspects in custody in the DRC and CAR cases on charges of war crimes and crimes against humanity. - The case against Thomas Lubanga Dyilo, a former rebel leader of the DRC, includes him being charged with conscripting child soldiers during the 2002-03 conflict in the DRC. Judgement in this case is expected on March 14, 2012. //__- The Democratic Republic of Congo__// One of the first country situations referred to the Court was that of the Democratic Republic of Congo (DRC), when in April 2004 the DRC government requested that the prosecutor commence an investigation. Since then, two field offices have been opened in the DRC, four arrest warrants have been issued and three accused await trial in jail in The Hague. The trial that has advanced the furthest of any thus far is that of Thomas Lubanga Dyilo, leader of the Union of Congolese. The verdict is set to be heard next month. - //__Uganda__// In December 2003, the government of Uganda requested that the prosecutor open an investigation into the situation in northern Uganda. Since then a field office has been established and five arrest warrants have been issued against senior leaders of the Lord’s Resistance Army, including Joseph Kony. Peace negotiations are ongoing between the government of Uganda and Joseph Kony. //- __Central African Republic__// The government of the Central African Republic also requested that the prosecutor open an investigation into the situation within its borders. The prosecutor commenced his investigation in May 2007 and established a field office in 2008 to provide logistical support for his operations, including witness protection. An arrest warrant for Jean-Pierre Bemba Gombo was issued in May 2008, and he is in a jail in The Hague, waiting trial. - //__Sudan (Darfur)__// Sudan is the only country under investigation so far that has not requested intervention. In March 2005, the United Nations Security Council adopted Resolution 1593, referring the situation in Darfur to the ICC. The prosecutor accordingly opened an investigation in June 2005, and arrest warrants were issued for Ahmad Harun (former Sudanese Minister of State for the Interior) and Ali Kushayb (a former militia leader) in April 2007 on multiple counts of war crimes and crimes against humanity. **__-__** [|**Republic of Kenya**] On 31 March 2010, Pre-Trial Chamber II granted the Prosecutor’s request to open an investigation //proprio motu // in the situation in Kenya, State Party since 2005. 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 [|//The Prosecutor v. William Samoei Ruto, Henry Kiprono Kosgey and Joshua Arap Sang//] were held from 1 to 8 September 2011. The confirmation of charges hearing in the case [|//The Prosecutor v. Francis Kirimi Muthaura, Uhuru Muigai Kenyatta and Mohammed Hussein Ali//] took place from 21 September to 5 October 2011 - [|**Libya**] //On 26 February 2011, the United Nations Security Council decided unanimously to 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, which was assigned by the Presidency to Pre-Trial Chamber I. 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 (murder and persecution) allegedly committed across Libya from 15 until at least 28 February 2011, through the State apparatus and Security Forces. On 22 November 2011, Pre-Trial Chamber I formally terminated the case against Muammar Gaddafi due to his death. The two other suspects remain at large.// - [|**Côte d’Ivoire**] Côte d’Ivoire, which is not party to the Rome Statute, had [|accepted the jurisdiction] of the ICC on 18 April 2003; more recently, and on both 14 December 2010 and 3 May 2011, the Presidency of Côte d'Ivoire [|reconfirmed the country’s acceptance of this jurisdiction]. On 3 October 2011, Pre-Trial Chamber III granted the Prosecutor’s request for authorisation to open investigations //proprio motu // into the situation in Côte d’Ivoire with respect to alleged crimes within the jurisdiction of the Court, committed since 28 November 2010, as well as with regard to crimes that may be committed in the future in the context of this situation. On 23 November 2011, Pre-Trial Chamber III issued a warrant of arrest under seal in the case [|//The Prosecutor v. Laurent Gbagbo//] for four counts of crimes against humanity. The arrest warrant against Mr Gbagbo was unsealed on 30 November 2011, when the suspect was transferred to the ICC detention centre at The Hague, by the Ivorian authorities. On 5 December 2011, Pre-Trial Chamber III held an initial appearance hearing and set the date for the confirmation of charges hearing to start on 18 June 2012.
 * **Aims & Objectives** || **Roles** || **Mechanisms to achieve aims** || **Examples of work** || **Criticisms** ||
 * -Ensure the worst perpetrators are held accountable for their crimes
 * -** Work alongside NGOs as they help the ICC through advocacy and championing for the prosecution of perpetrators of crimes against humanity.
 * //-//** //__Victim Assistance__//

|| -The ICC Prosecutor is dependent on the voluntary contribution of states: for funding, for intelligence and evidence, for the arrest of suspects, and for pressure on recalcitrant governments. -Lack of support from the Security Council’s permanent 5 à Only France and the United Kingdom have signed and ratified the Statute. Russia has signed but not ratified, China has not signed and the US signed, and then unsigned the Statue. -No major Asian power has joined, nor intends to ratify, the Statute. -Lack of a clear strategic approach to cases -Lacks its own police force and generally must rely on the assistance and willingness of the governments in whose countries it is operating - - States can choose not to comply with ICC demands. Therefore as there is no effective enforcement mechanism available to the ICC, the Court depends on the willingness of other states to pressure non-compliant states, compromising their effectiveness as a body to achieve its aims. - - Many of the ‘world powers’ such as the United States, Russia and China, have not ratified the Statute, acting a deterrent to other states. - - Lack of support of the court undermines its authority and effectiveness as a body. - - Endangers soldiers because its existence will prevent them from acting when they should, for fear of potential prosecution. Those who express this opinion contend that if the prosecutor initiates proceedings without supervision by any national government, cases could be pursued without understanding the dilemmas that are faced by soldiers in armed conflict. - - Many commentators have expressed their concern that the ICC may stand as an obstacle to reconciliation and the resolution of conflicts.( [|119] ) In the past, many countries, including South Africa, Chile and, to some extent, Great Britain in relation to Northern Ireland, have granted amnesties in order to end conflicts. The fear is that as the ICC becomes involved in ongoing or recent conflicts, wars will be fought longer, peace processes will be disrupted and leaders will be reluctant to relinquish power if facing indictment. - - As the ICC matures, critical voices are mounting with respect to the expense and delay involved in ICC proceedings.([|128]) By early 2008, the ICC had cost the international community over $600 million([|129]) and had yet to be anywhere near its first conviction - - One recent concern of some significance is the ICC prosecutor’s exclusive focus on sub-Saharan Africa. A number of critics have expressed serious reservations about this practice, and voice fear about bias and the perception that the ICC is yet another instrument of foreign intervention in a long history of Western/Northern interference in African affairs. Even if various geopolitical pressures have simply made it easier for the prosecutor to begin investigations in Africa rather than elsewhere, commentators contend that this sends a negative signal about how the ICC may continue to work, and they maintain that the ICC cannot investigate African crises alone ||