The International Criminal Court (ICC) is a pivotal institution in the global justice system, playing a critical role in prosecuting individuals for crimes of international concern. Here are detailed notes on the ICC suitable for UPSC preparation:
Background
- Establishment:
- Established by the Rome Statute, which was adopted on July 17, 1998.
- The ICC officially commenced operations on July 1, 2002, when the Rome Statute entered into force.
- Location:
- The ICC is headquartered in The Hague, Netherlands.
Mandate and Jurisdiction
- Mandate:
- The ICC’s mandate is to prosecute individuals for the most serious offenses of international concern, including genocide, crimes against humanity, war crimes, and the crime of aggression.
- Jurisdiction:
- Temporal Jurisdiction: The ICC can only prosecute crimes committed on or after July 1, 2002.
- Subject Matter Jurisdiction: Includes genocide, crimes against humanity, war crimes, and the crime of aggression.
- Territorial and Personal Jurisdiction: The ICC can exercise jurisdiction if the crimes are committed on the territory of a state party or by a national of a state party. Non-member states can accept the jurisdiction of the ICC on a case-by-case basis.
Structure
- The Presidency:
- Composed of the President and two Vice-Presidents, elected by the judges of the court.
- Responsible for the overall administration of the court, except for the Office of the Prosecutor.
- Judicial Divisions:
- Pre-Trial Division: Handles all pre-trial aspects of cases, including issuing warrants of arrest or summonses to appear.
- Trial Division: Conducts the trials and ensures the fairness of proceedings.
- Appeals Division: Handles appeals from decisions of the Pre-Trial and Trial Divisions.
- Office of the Prosecutor:
- Conducts investigations and prosecutes cases before the ICC.
- Operates independently of the other organs of the ICC.
- Registry:
- Responsible for the non-judicial aspects of the administration and servicing of the court.
Key Functions and Processes
- Investigations and Prosecutions:
- The Prosecutor can initiate investigations proprio motu (on their own initiative), upon referral by a state party, or by the United Nations Security Council.
- Arrest Warrants and Summonses:
- The ICC can issue arrest warrants or summonses for individuals accused of crimes within its jurisdiction.
- Trials:
- Conducts fair and public trials, ensuring the rights of the accused and the protection of victims and witnesses.
- Victims’ Participation and Reparations:
- Victims can participate in ICC proceedings and seek reparations for harm suffered.
Significant Cases and Activities
- Notable Cases:
- Cases against individuals such as Thomas Lubanga Dyilo (DRC), Omar al-Bashir (Sudan), and Joseph Kony (Uganda).
- Investigations in countries like Kenya, Libya, Côte d’Ivoire, and the Central African Republic.
- Complementarity Principle:
- The ICC acts as a court of last resort, intervening only when national judicial systems are unwilling or unable to prosecute serious international crimes.
Challenges and Criticisms
- Limited Jurisdiction:
- Only has jurisdiction over crimes committed by nationals of state parties or on the territory of state parties.
- Non-membership of key countries like the United States, China, Russia, and India limits its reach.
- Political Influences:
- Accusations of political bias and selective justice, particularly in focusing on African countries.
- Enforcement Issues:
- Relies on state cooperation for arrests and enforcement of its decisions, which can be inconsistent.
- Resource Constraints:
- Limited financial and human resources to handle the growing number of cases and investigations.
India’s Position
- Non-Membership:
- India is not a party to the Rome Statute and has expressed concerns over the ICC’s jurisdiction and potential infringements on national sovereignty.
- Support for International Justice:
- Despite non-membership, India supports international efforts to combat impunity for serious crimes and advocates for a fair and effective international justice system.
