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The Internatonal Criminal Court

Brief History and Overview of the ICC
by

Vincent Pesante

on 30 July 2013

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Transcript of The Internatonal Criminal Court

International Criminal Court (ICC)
International Criminal Court
International Law Commission
Jurisdiction

Limited to the most serious crimes of concern to the international community as a whole.

PREAMBLE
Conscious that all peoples are united by common bonds, their cultures pieced together in a shared heritage, and concerned that this delicate mosaic may be shattered at any time,

Mindful that during this century millions of children, women and men have been victims of unimaginable atrocities that deeply shock the conscience of humanity,

Recognizing that such grave crimes threaten the peace, security and well-being of the world,

Determined to these ends and for the sake of present and future generations, to establish an independent permanent International Criminal Court in relationship with the United Nations system, with jurisdiction over the most serious crimes of concern to the international community as a whole,
Adopted: July 17, 1998
Enacted: July 1st, 2002

Agreed upon legal basis for establishing the International Criminal Court
1951: Submitted a Code of Offences against the Peace and Security of Mankind to the General Assembly
Did not provide institutional arrangements for implementation, as the Commission was hopeful Code would be applied by national courts

1981 -
General Assembly invites the International Law Commission to resume its work on elaborating the Code of Offences.
1994 -
General Assembly adopts the draft statue for an international criminal court.
In addition they established an ad hoc committee to review substantive and administrative issues surrounding the draft statute
1995 -
U.N. Decides to establish a Preparatory Committee to discuss further the substantive and administrative issues
Rome Statute
1997 -
General Assembly holds the United Nations Diplomatic Conference of
Plenipotentiaries on the Establishment of an International Criminal Court
1998 -
Conference meets in Rome June-July
160 States in Attendance
16 IO's
9 other UN Organs.
Rome Statute is adopted
Origins
UN General Assembly Postponed consideration of draft Code until the Special Committee on the Question of Defining Aggression submitted its report
Postponed indefinitely. Code of Offenses as well as Question of Aggression left to be examined at a later date.
1954 -
1957 -
Article 1
An International Criminal Court is hereby established. It shall be a permanent institution and shall have the power to exercise its jurisdiction over persons for the more serious crimes of international concern as referred to in this Statute and shall be complementary to national criminal jurisdictions.
Article 2
The Court shall be brought into relationship with the United Nations through an agreement to be approved by the Assembly of States Parties to this Statute and there after concluded by the President of the Court on its behalf.
Article 3
The Seat of the Court Shall be established at the Hague
The Court shall enter into a headquarters agreement with the host state
The Court may sit elsewhere, whenever it considers it desirable
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Article 4
The Court shall have international legal personality. It shall also have such legal capacity as may be necessary for the exercise of its functions and the fulfillment of its purposes.
The Court may exercise its functions and powers, as provided, on the territory of any State Party and, by special agreement, on the territory of any other State.
Crime of aggression


Acts committed with intent to destroy a national, ethnical, racial or religious group

Widespread systematic attacks directed against any civilian population, with knowledge,

e.g., Murder, Enslavement, Forced Transit, Sexual Slavery, Apartheid
Acts committed as part of a plan or policy as part of large scale commission of such acts.
Genocide
Crimes against Humanity
War Crimes
*Once a provision is adopted in accordance with articles 121 and 123 defining the crime and setting conditions under with the Court shall exercise jurisdiction
Structure
Article 12: A State which becomes a Party to this Statute thereby accepts
the Jurisdiction of the Court with respect to the aforementioned crimes.
A State which is not Party to this Statute, may accept the exercise of jurisdiction by the Court with respect to the crime in question
As per Article 12, A State which becomes a Party to this Statute thereby accepts the Jurisdiction of the Court with respect to the crimes in Article 5
As per Article 11, The Court has jurisdiction only with respect to crimes committed after the entry into force of this Statute
Article 5
Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part.
Imposing measures intended to prevent birth within the group
Grave breaches of the Geneva Conventions.
Presidency
President: Sang Hyun Song (RPK)
First Vice-President: Sanji Mmasenono Monageng (BOT)
Second Vice President: Cuno Tarfusser (ITA)
Judicial and Legal functions
Administration
External relations
Coorridinates with Prosecutor on all mutual concerns
Maintain relations with States
Promote public awareness and understanding of the court
Judicial Divisions
Trial Division
Pre-Trial Division
Appeals Division
Eighteen Judges divided into three divisions
Judges serve nine year appointments
Registry
Responsible for non-judicial aspects of administration and the Court.
Headed by the Registrar, Herman von Hebel
Serves Five year term
Exercises functions under the authority of the President of the Court
Office of the Prosecutor
Responsible for receiving referrals and information on crimes within the Jurisdiction of the Court
Conducting investigations and prosecutions before the Court
Prosecutor Fatou Bensouda
Serves nine year term
Other Offices
Office of Public Counsel for Victims
Fall under Registry for administrative purposes, yet act as independent offices
Cases
Since 2002, 18 cases brought before the Court.
Four States who are Parties to the Rome Statute have referred situations to the Court.
Uganda, the Democratic Republic of the Congo, the Central African Republic and Mali.
The Security Council has also referred the situation in Darfur, Sudan and the situation in Libya
Challenges
The ICC has no physical enforcement body.

State cooperation with the ICC has remained a significant obstacle to achieving primary directives

Legitimacy - not only for the Court itself, but the merits and authority of the laws it seeks to enforce
Office of Public Counsel for Defense
Seeks to ensure effective participation of victims in the proceedings before the Court
Established 2005
Protecting the rights of the defense during the initial stages of investigations
http://www.romestatute.com/post/6004076336/challenges-facing-the-icc
Democratic Republic of Congo
President of the Democratic Republic of Congo wrote a letter of referral in regards to the situation of crimes within the jurisdiction of the Court allegedly committed anywhere in the territory of the DRC since the entry into force of the Rome Statute, on 1 July 2002.
Prosecutor had announced in July 2003 that he would closely follow the situation in the DRC, indicating that the situation would be a priority for his Office.
Many International Organizations have adopted provisions outlining cooperation and support for the court.
These include:
The Council of Europe, the E.U., the A.U., ASEAN,
Organization for Security and Cooperation in Europe OSCE, League of Arab States, Organization of American States, along with several others.
Darfur, Sudan
Situation in Darfur referred to by the United Nations Security Council in 2005.
Only seven suspects have been indicted by the ICC.
Omar al-Bashir, President of Sudan - Five counts of Crimes against Humanity, two counts of War Crimes, three counts of Genocide. Two Separate Arrest Warrants have been issued.
Remains At Large
Sudan not party to the Rome Statute



Thomas Lubanga Dyilo - 2012 Found guilty of War Crimes, Sentenced to 14 years imprisonment
First Conviction for the ICC
Speed and Efficiency
Used Children Soldiers
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