History / Background of ICC

The International Criminal Court (ICC) was established to address the most serious crimes of international concern. Here is a brief history and background:

1. Origins and Motivation: The ICC’s roots lie in the aftermath of World War II and the Nuremberg and Tokyo Tribunals, which prosecuted war crimes and set precedents for international justice. The idea of a permanent international court was proposed to address such crimes consistently.
2. Rome Statute: The ICC was formally established by the Rome Statute, which was adopted on July 17, 1998, at a diplomatic conference in Rome. The statute came into force on July 1, 2002, after ratification by 60 countries.
3. Jurisdiction and Structure: The ICC is headquartered in The Hague, Netherlands, and it has jurisdiction over genocide, crimes against humanity, war crimes, and the crime of aggression. It acts when national courts are unable or unwilling to prosecute these crimes.

Objectives / Goals of ICC

These are the key Objectives & Goals of ICC:

1. Ensure Accountability: Prosecute individuals responsible for the most serious crimes of concern to the international community, such as genocide, crimes against humanity, war crimes, and the crime of aggression.
2. Deter Future Crimes: Serve as a deterrent to potential perpetrators of grave international crimes by demonstrating that such actions will not go unpunished.
3. End Impunity: Combat impunity for perpetrators of serious crimes, especially in cases where national judicial systems are unable or unwilling to act.
4. Promote International Peace and Security: Contribute to the prevention of conflicts and the maintenance of international peace and security by holding accountable those who commit heinous crimes.
5. Support Victims: Provide justice and support to victims of serious international crimes, ensuring their voices are heard and their suffering is acknowledged.
6. Develop International Law: Contribute to the development and clarification of international criminal law and human rights law.
7. Strengthen National Judicial Systems: Encourage national courts to prosecute serious crimes, complementing their efforts and reinforcing the principle of complementarity.
8. Foster Global Cooperation: Promote international cooperation in the fight against impunity and in the enforcement of international criminal justice.

Compositions of ICC

The International Criminal Court (ICC) is composed of several key organs and officials, each with distinct roles and responsibilities. Here are the main components:

The Presidency

• Consists of the President and two Vice-Presidents, elected by the judges from among their ranks.
• Responsible for the overall administration of the court, excluding the Office of the Prosecutor.
• Represents the court in relations with states, international organizations, and other entities.

The Judicial Divisions

• Pre-Trial Division: Handles pre-trial matters, including issuance of arrest warrants and confirmation of charges.
• Trial Division: Conducts trials of individuals charged with crimes within the court’s jurisdiction.
• Appeals Division: Deals with appeals against decisions of the Pre-Trial and Trial Divisions.

The Office of the Prosecutor (OTP)

• Headed by the Prosecutor, who is elected by the Assembly of States Parties for a nine-year term.
• Conducts investigations and prosecutions of individuals accused of committing serious crimes under the court’s jurisdiction.
• Operates independently of the other organs of the court.

The Registry

• Provides administrative and operational support to the court, including court management, security, and witness protection.
• Manages public information and outreach programs.
• Headed by the Registrar, who is elected by the judges for a five-year term.

The Assembly of States Parties (ASP)

• Composed of representatives from the ICC’s member states.
• Provides oversight and management, including electing judges and the Prosecutor, approving the budget, and amending the Rome Statute.

Other Offices and Units

• Office of Public Counsel for the Defence (OPCD): Provides support and assistance to defense teams and suspects.
• Office of Public Counsel for Victims (OPCV): Assists victims participating in proceedings and provides legal representation.
• Trust Fund for Victims: Implements court-ordered reparations and provides assistance to victims of crimes within the ICC’s jurisdiction.

Organs of ICC

The International Criminal Court (ICC) is organized into four main organs, each with distinct functions essential to the court’s operation. Here are the primary organs of the ICC:

1. The Presidency

• Composition: Composed of the President and two Vice-Presidents, elected by the judges of the court for three-year terms, renewable once.
• Functions: Responsible for the administration of the court (excluding the Office of the Prosecutor), ensuring efficient management, and representing the ICC in relations with states, international organizations, and other entities.
• Role: Oversees the functioning of the court’s judicial divisions and coordinates with the Prosecutor and the Registrar.

2. The Judicial Divisions

• Composition: Divided into three divisions with 18 judges elected by the Assembly of States Parties for nine-year non-renewable terms.
• Pre-Trial Division: Handles preliminary matters such as issuing arrest warrants, summonses, and ensuring there is sufficient evidence before a case proceeds to trial.
• Trial Division: Conducts trials of accused individuals, ensures fair and expeditious proceedings, and determines guilt or innocence.
• Appeals Division: Handles appeals against decisions made by the Pre-Trial and Trial Divisions, ensuring the correctness and fairness of judicial decisions.
• Functions: Judges in these divisions are responsible for interpreting and applying international criminal law and procedure.

3. The Office of the Prosecutor (OTP)

• Composition: Headed by the Prosecutor, elected by the Assembly of States Parties for a nine-year term. The Prosecutor is supported by Deputy Prosecutors and other staff.
• Functions: Responsible for receiving referrals and information on crimes within the jurisdiction of the court, conducting investigations, and prosecuting individuals. Operates independently from the other organs of the court.
• Role: Investigates alleged crimes, gathers evidence, and presents cases against accused individuals before the court.

4. The Registry

• Composition: Led by the Registrar, elected by the judges for a five-year term, renewable once. The Registrar is supported by various administrative units and staff.
• Functions: Provides administrative and operational support to the court, including court management, security, witness protection, and detention facilities.
• Role: Manages the court’s budget, human resources, public information, outreach activities, and supports the defense teams and victims participating in the proceedings.

Functions of ICC

The International Criminal Court (ICC) has several key functions, each aimed at fulfilling its mandate to prosecute serious international crimes and ensure justice. Here are the main functions of the ICC:

1. Prosecution of Serious Crimes

The ICC prosecutes individuals accused of committing genocide, crimes against humanity, war crimes, and the crime of aggression. It acts when national courts are unwilling or unable to prosecute these crimes, ensuring that perpetrators are held accountable.

2. Investigation and Evidence Collection

The Office of the Prosecutor (OTP) conducts investigations into alleged crimes, gathers evidence, and builds cases against suspects. This involves collecting witness testimonies, forensic evidence, and other relevant information.

3. Judicial Proceedings

The ICC conducts judicial proceedings, including pre-trial, trial, and appeal stages. Judges ensure fair and impartial trials, determine the guilt or innocence of the accused, and impose appropriate sentences if necessary.

4. Victims’ Participation and Reparations

The ICC allows victims to participate in the proceedings, giving them a voice in the judicial process. The court can order reparations for victims, including restitution, compensation, and rehabilitation.

5. Ensuring Fair Trials

The ICC is committed to ensuring fair trials for all accused persons. This includes upholding the rights of the accused, such as the presumption of innocence, the right to legal representation, and the right to a fair and public hearing.

6. International Cooperation

The ICC works with member states and international organizations to facilitate cooperation in the arrest and transfer of suspects, the protection of witnesses, and the enforcement of sentences. This cooperation is crucial for the court’s effectiveness.

7. Public Outreach and Education

The ICC engages in public outreach and education to raise awareness about its work and the importance of international criminal justice. This includes engaging with communities affected by crimes, the media, and the general public.

8. Development of International Criminal Law

Through its rulings and legal interpretations, the ICC contributes to the development and clarification of international criminal law. This helps establish legal precedents and promote a consistent understanding of international justice.

9. Supporting National Jurisdictions

The ICC supports national jurisdictions by encouraging and assisting them to prosecute serious crimes themselves. This is aligned with the principle of complementarity, where the ICC acts as a court of last resort.

10. Monitoring and Enforcement

The ICC monitors compliance with its orders and decisions, working to ensure that sentences are enforced and that reparations are provided to victims.

Benefits of ICC / Significance of ICC

Here are ten benefits of the International Criminal Court (ICC):

1. Accountability: ICC holds individuals accountable for serious international crimes, ensuring justice for victims.
2. Deterrence: ICC deters potential perpetrators from committing grave crimes by demonstrating that they will be prosecuted.
3. Victim Support: ICC provides a platform for victims to participate in proceedings and seek reparations.
4. Global Justice: ICC promotes international justice by prosecuting crimes that transcend national borders.
5. Legal Precedents: ICC develops and clarifies international criminal law, establishing important legal precedents.
6. Peace and Security: ICC contributes to global peace and security by addressing crimes that destabilize regions.
7. National Encouragement: ICC encourages national courts to prosecute serious crimes, reinforcing domestic judicial systems.
8. Human Rights Promotion: ICC upholds and promotes human rights by addressing crimes against humanity and war crimes.
9. International Cooperation: ICC fosters international cooperation in law enforcement and judicial matters.
10. Impartiality: ICC provides an impartial and independent judicial body to handle the prosecution of serious crimes without political influence.

Jurisdiction of ICC

The International Criminal Court (ICC) has specific jurisdictional parameters that determine when and how it can prosecute individuals for serious international crimes. Here are the details of the ICC’s jurisdiction:

Types of Crimes

The ICC has jurisdiction over four main types of crimes:

1. Genocide: Acts committed with the intent to destroy, in whole or in part, a national, ethnical, racial, or religious group.
2. Crimes Against Humanity: Widespread or systematic attacks directed against any civilian population, such as murder, enslavement, torture, and rape.
3. War Crimes: Serious violations of the laws and customs applicable in armed conflict, including targeting civilians, using prohibited weapons, and mistreating prisoners of war.
4. Crime of Aggression: The planning, preparation, initiation, or execution of an act of aggression by a state leader, which constitutes a manifest violation of the United Nations Charter.

Temporal Jurisdiction

• Commencement: The ICC can only prosecute crimes committed after the entry into force of the Rome Statute on July 1, 2002.
• Non-Retroactivity: It cannot prosecute crimes committed before this date.

Territorial and Personal Jurisdiction

• Territorial Jurisdiction: The ICC can exercise jurisdiction if the crime was committed on the territory of a state party to the Rome Statute or a state that has accepted the court’s jurisdiction.
• Personal Jurisdiction: The ICC can prosecute individuals who are nationals of a state party or a state that has accepted the court’s jurisdiction, regardless of where the crime was committed.

Referral Mechanisms

The ICC can exercise its jurisdiction through three main referral mechanisms:

1. State Party Referral: A state party to the Rome Statute can refer a situation where one or more crimes appear to have been committed to the ICC Prosecutor.
2. United Nations Security Council (UNSC) Referral: The UNSC can refer situations to the ICC Prosecutor, even involving non-state parties, under Chapter VII of the UN Charter.
3. Prosecutor’s Own Initiative (Proprio Motu): The ICC Prosecutor can initiate an investigation on their own accord, with the authorization of the Pre-Trial Chamber, based on information received from various sources, including individuals, organizations, or states.

Complementarity Principle

The ICC acts as a court of last resort, intervening only when national courts are unwilling or unable to prosecute alleged crimes. This principle ensures that the primary responsibility for prosecuting serious crimes rests with individual states.

Cooperation and Enforcement

While the ICC can issue arrest warrants and requests for cooperation, it relies on member states to enforce these orders. The ICC does not have its own police force and depends on states for the arrest and surrender of suspects, the protection of witnesses, and the enforcement of sentences.

Limitations

• Non-Member States: The ICC generally cannot exercise jurisdiction over crimes committed by nationals of non-member states or on their territory, unless there is a UNSC referral or the non-member state accepts the court’s jurisdiction on an ad hoc basis.
• Immunities: Certain high-ranking officials, such as heads of state, may claim immunity under international law, although the ICC’s stance is that such immunities do not bar prosecution for serious international crimes.

How ICC Works?

The International Criminal Court (ICC) operates through a structured process involving multiple stages and key functions. Here’s an overview of how the ICC works:

1. Preliminary Examination

• Initiation: The process begins when information about alleged crimes is received. This information can come from state parties, the United Nations Security Council (UNSC), or other sources, including individuals and organizations.
• Assessment: The Office of the Prosecutor (OTP) conducts a preliminary examination to assess whether there is a reasonable basis to proceed with an investigation. This involves analyzing the jurisdiction, admissibility, and interests of justice.

2. Investigation

• Authorization: If the preliminary examination indicates that an investigation is warranted, the Prosecutor seeks authorization from the Pre-Trial Chamber unless the investigation is based on a state party or UNSC referral.
• Evidence Gathering: The OTP collects evidence, including witness testimonies, documents, and forensic evidence. The investigation aims to establish the facts and identify those responsible for the crimes.

3. Issuance of Arrest Warrants or Summonses

• Arrest Warrants: If there is sufficient evidence, the Prosecutor requests the Pre-Trial Chamber to issue arrest warrants or summonses for individuals suspected of committing crimes within the ICC’s jurisdiction.
• International Cooperation: The ICC relies on member states and other international entities to arrest and surrender suspects, as the court does not have its own enforcement mechanism.

4. Pre-Trial Proceedings

• Confirmation of Charges: Once a suspect is in custody or appears voluntarily, the Pre-Trial Chamber holds a hearing to confirm the charges. The suspect has the right to be informed of the charges, and both the prosecution and defense present their evidence.
• Decision: The Pre-Trial Chamber decides whether there is sufficient evidence to proceed to trial. If the charges are confirmed, the case moves to the Trial Chamber.

5. Trial

• Fair Trial: The Trial Chamber ensures a fair and public trial, respecting the rights of the accused, including the presumption of innocence, the right to legal representation, and the right to present a defense.
• Prosecution and Defense: Both the prosecution and defense present their cases, including witness testimonies and cross-examinations.
• Judgment: After hearing all the evidence, the Trial Chamber judges deliberate and issue a verdict. The judges can convict or acquit the accused based on the evidence presented.

6. Sentencing and Reparations

• Sentencing: If the accused is found guilty, the Trial Chamber issues a sentence. The sentence may include imprisonment, fines, and other penalties.
• Reparations: The ICC can order reparations for victims, including restitution, compensation, and rehabilitation. The Trust Fund for Victims assists in implementing reparations.

7. Appeals

• Right to Appeal: Both the prosecution and defense have the right to appeal the verdict and/or sentence. Appeals are heard by the Appeals Chamber.
• Review: The Appeals Chamber reviews the trial’s findings and can uphold, reverse, or amend the decision. It can also order a retrial if necessary.

8. Enforcement

• Imprisonment: Sentences of imprisonment are served in national prisons of states that have agreed to enforce ICC sentences. The ICC supervises the conditions of imprisonment.
• Compliance: The ICC monitors compliance with its orders and decisions, relying on member states for enforcement.

9. Victim Participation and Protection

• Victim Participation: Victims have the right to participate in ICC proceedings, presenting their views and concerns through legal representatives.
• Protection Measures: The ICC implements measures to protect victims and witnesses, ensuring their safety and well-being throughout the judicial process.

10. Public Outreach and Education

• Transparency: The ICC engages in public outreach to inform and educate about its work and the importance of international justice. This includes communicating with affected communities, the media, and the general public.

Non-Member Countries of ICC

As of May 2024, 124 countries are members of the International Criminal Court (ICC). However, numerous countries have not joined the ICC. These non-member countries fall into three categories:

Countries that have not signed the Rome Statute:

1. China
2. Ethiopia
3. India
4. Indonesia
5. Iraq
6. North Korea
7. Saudi Arabia
8. Turkey

Countries that have signed the Rome Statute but not ratified it:

1. Egypt
2. Iran
3. Israel
4. Russia
5. Sudan
6. Syria
7. United States

Other countries that do not recognize the ICC:

1. Azerbaijan
2. Belarus
3. Bhutan
4. Brunei
5. Cuba
6. Equatorial Guinea
7. Kazakhstan
8. Laos
9. Lebanon
10. Libya
11. Malaysia
12. Mauritania
13. Micronesia
14. Myanmar
15. Nepal
16. Nicaragua
17. Niue
18. Pakistan
19. Palau
20. Papua New Guinea
21. Qatar
22. Rwanda
23. Singapore
24. Somalia

Complete Details about Judges of International Criminal Court

Here is comprehensive information about the judges of the International Criminal Court (ICC):

1. Number of Judges

• The ICC has 18 judges.
• Judges serve nine-year terms and are not eligible for re-election.

2. Appointment Process

A. Nomination

• Member states of the ICC nominate candidates.
• Nominations are based on competence in criminal law and procedure, international law, and the ability to act independently and impartially.

B. Election

• Judges are elected by the Assembly of States Parties (ASP) to the Rome Statute.
• Elections occur through a secret ballot.
• Candidates must receive a two-thirds majority of the votes to be elected.

C. Qualifications

• Candidates must be of high moral character, impartial, and possess the qualifications required in their respective countries for appointment to the highest judicial offices.
• The ICC seeks a balanced representation of the principal legal systems of the world, equitable geographical representation, and a fair representation of female and male judges.

D. Removal Process

• Judges can be removed by the ASP for serious misconduct or a serious breach of their duties.
• Removal requires a two-thirds majority vote by the ASP.
• There is also a disciplinary mechanism for less severe breaches of duty.

3. Current President

• As of the latest update, On 11 March 2024, the judges of the International Criminal Court (ICC), in a plenary session, elected Judge Tomoko Akane as President of the Court.

4. Election

• The judges of the ICC elect the President and two Vice-Presidents from among their ranks.
• The President and Vice-Presidents serve three-year terms and can be re-elected once.

5. Role

• The President represents the court, ensures the proper administration of the court, and oversees the work of the Presidency.
• The Presidency comprises the President, the First Vice-President, and the Second Vice-President.

6. Functions of the Judges

A. Pre-Trial Division

• Handles the judicial aspects of investigations, including the issuance of warrants and ensuring the rights of suspects are respected.

B. Trial Division

• Conducts trials, ensures they are fair and expeditious, and delivers judgments.

C. Appeals Division

• Handles appeals against decisions of the Pre-Trial and Trial Divisions.

D. Judges’ Chambers

• Judges are organized into three divisions: Pre-Trial, Trial, and Appeals.
• Each division is responsible for different stages of the judicial process.

7. Key Principles Governing the Judges

A. Independence

• Judges must act independently and are prohibited from engaging in any activity that may compromise their independence.

B. Impartiality

• Judges must remain impartial and avoid any conflicts of interest.

C. Security of Tenure

• Judges have security of tenure for their nine-year terms to ensure independence.

8. Current Composition of the Presidency (As of May 2024)

A. President: Judge Tomoko Akane (Japan)

• First Vice-President: Judge Rosario Salvatore Aitala (Italy)
• Second Vice-President: Judge Reine Alapini-Gansou (Benin)

B. Notable Judges

• The ICC judges come from diverse backgrounds, representing various legal traditions and regions, ensuring a wide range of perspectives in interpreting and applying international law.

What is Rome Statute? – Complete Details about Rome Statute UPSC

The Rome Statute is the treaty that established the International Criminal Court (ICC). Adopted on July 17, 1998, and entered into force on July 1, 2002, the Rome Statute sets out the functions, jurisdiction, and structure of the ICC. Key aspects include:

Purpose and Objectives

• Establish the ICC: To create a permanent international court to prosecute individuals for the most serious offenses of global concern.
• End Impunity: To hold individuals accountable for genocide, crimes against humanity, war crimes, and the crime of aggression.
• Ensure Justice: To deliver justice for victims and uphold international law.

Crimes Under ICC Jurisdiction

• Genocide: Acts committed with intent to destroy, in whole or in part, a national, ethnical, racial, or religious group.
• Crimes Against Humanity: Widespread or systematic attacks against civilians, including murder, enslavement, torture, and rape.
• War Crimes: Grave breaches of the Geneva Conventions, including targeting civilians, mistreating prisoners of war, and using prohibited weapons.
• Crime of Aggression: Planning, preparation, initiation, or execution of acts of aggression by a state.

Court Structure

• Presidency: Manages the administration of the court.
• Judicial Divisions: Pre-Trial, Trial, and Appeals divisions with judges handling cases at different stages.
• Office of the Prosecutor: Conducts investigations and prosecutes cases.
• Registry: Provides administrative and operational support.

Jurisdiction and Admissibility

• Territorial Jurisdiction: Covers crimes committed on the territory of state parties or by their nationals.
• Temporal Jurisdiction: Only covers crimes committed after the Rome Statute entered into force.
• Complementarity: The ICC acts as a court of last resort, intervening only when national courts are unwilling or unable to prosecute.

Ratification and Accession

• Ratification: States that sign and ratify the Rome Statute become state parties, accepting the jurisdiction of the ICC.
• Accession: States that did not sign the statute can still become parties by depositing an instrument of accession.

Significance of Rome Statute

These are the key Significances of Rome Statute:

1. Establishment of the ICC: Rome Statute has created the first permanent international court to prosecute individuals for serious international crimes.
2. End to Impunity: Rome Statute aims to hold perpetrators of genocide, war crimes, and crimes against humanity accountable.
3. Global Jurisdiction: Rome Statute provides a legal framework for prosecuting crimes that affect the international community.
4. Victims’ Rights: Rome Statute emphasizes the protection and participation of victims in the judicial process.
5. Complementarity Principle: Rome Statute acts as a court of last resort, intervening only when national courts cannot or will not prosecute.
6. Deterrence: Rome Statute seeks to deter future atrocities by establishing a credible threat of prosecution.
7. International Cooperation: Rome Statute promotes cooperation among states in the investigation and prosecution of crimes.
8. Human Rights Protection: Rome Statute reinforces international human rights norms and standards.
9. Legal Precedent: Rome Statute provides a comprehensive legal framework and precedents for international criminal law.
10. Universal Justice: Rome Statute strives to deliver justice beyond national borders, promoting a sense of global justice and accountability.

Famous Cases / Landmark Cases of ICC

The International Criminal Court (ICC) has been involved in several landmark cases since its establishment. Here are some of the most notable ones:

1. Thomas Lubanga Dyilo

The first person to be convicted by the ICC. Lubanga, a Congolese warlord, was found guilty in 2012 of conscripting and enlisting children under the age of 15 and using them to participate actively in hostilities. He was sentenced to 14 years in prison.

2. Germain Katanga

Also from the Democratic Republic of Congo, Katanga was found guilty in 2014 of being an accessory to crimes including murder and sexual slavery. His case highlighted issues related to command responsibility and the use of child soldiers.

3. Jean-Pierre Bemba

A former Vice President of the Democratic Republic of Congo, Bemba was convicted in 2016 of crimes against humanity and war crimes committed by his militia in the Central African Republic. This case was significant for addressing sexual violence in conflicts. However, Bemba’s conviction was overturned on appeal in 2018.

4. Omar al-Bashir

The former President of Sudan has been charged with genocide, war crimes, and crimes against humanity for his role in the Darfur conflict. Although al-Bashir has not been arrested and brought to trial, his case is significant for being one of the highest-profile indictments by the ICC.

5. Laurent Gbagbo

The former President of Côte d’Ivoire, Gbagbo was charged with crimes against humanity following the post-election violence in 2010-2011. He was acquitted in 2019, with the court citing insufficient evidence to prove the charges beyond a reasonable doubt.

6. Dominic Ongwen

A former commander in Uganda’s Lord’s Resistance Army (LRA), Ongwen was convicted in 2021 of 61 charges including murder, rape, and sexual enslavement. His case was notable for addressing the criminal responsibility of individuals who were themselves child soldiers.

7. Ahmed Al Faqi Al Mahdi

The first person to be convicted for the war crime of destroying cultural heritage. Al Mahdi, a Malian jihadist, was sentenced to nine years in prison in 2016 for his role in the destruction of historic mausoleums in Timbuktu.

8. Saif al-Islam Gaddafi

The son of former Libyan leader Muammar Gaddafi, he has been indicted for crimes against humanity allegedly committed during the 2011 uprising. His case remains pending as he has not yet been surrendered to the ICC.

9. Bosco Ntaganda

A Congolese warlord known as “The Terminator,” Ntaganda was convicted in 2019 of war crimes and crimes against humanity, including murder, rape, and the recruitment of child soldiers. He was sentenced to 30 years in prison.

10. Fatou Bensouda

As the ICC Prosecutor, Bensouda launched several high-profile investigations, including into alleged war crimes in Afghanistan, which implicated both Taliban and U.S. forces. Her work has been pivotal in expanding the reach and scope of the ICC’s investigations.

Powers of International Criminal Court

The International Criminal Court (ICC) has several key powers that enable it to carry out its mandate of prosecuting individuals for the most serious international crimes. Here are the main powers of the ICC:

1. Jurisdiction Over Serious Crimes

The ICC has the authority to prosecute individuals for genocide, war crimes, crimes against humanity, and the crime of aggression.

2. Initiation of Investigations

The ICC Prosecutor can initiate investigations proprio motu (on their own initiative), based on referrals from member states, or by the United Nations Security Council.

3. Issuing Arrest Warrants and Summonses

The Court can issue arrest warrants and summonses to ensure the appearance of suspects before the Court.

4. Conducting Trials

The ICC conducts trials of accused individuals, ensuring they receive a fair and impartial trial according to international legal standards.

5. Sentencing and Imprisonment

The Court has the power to convict and sentence individuals found guilty of crimes within its jurisdiction. Sentences can include imprisonment and fines.

6. Protection of Victims and Witnesses

The ICC has measures in place to protect victims and witnesses who may be at risk due to their involvement with the Court. This includes physical protection, psychological support, and confidentiality.

7. Reparation for Victims

The Court can order reparations for victims of crimes, which may include restitution, compensation, and rehabilitation.

8. Cooperation with States

The ICC can request cooperation from member states in terms of arresting suspects, gathering evidence, and providing support for investigations and prosecutions.

9. Admissibility and Complementarity

The Court determines the admissibility of cases based on the principle of complementarity, meaning it can only prosecute when national courts are unwilling or unable to do so genuinely.

10. International Outreach and Advocacy

The ICC engages in outreach activities to increase awareness and understanding of its role and mandate, and to advocate for international justice and accountability.

Interesting Facts about International Criminal Court

These are some of the interesting facts about the International Criminal Court which you will get Amazed to know:

1. First Permanent International Court

The ICC is the first permanent international court established to prosecute individuals for the most serious crimes of international concern, such as genocide, war crimes, crimes against humanity, and the crime of aggression.

2. Established by the Rome Statute

The ICC was established by the Rome Statute, which was adopted on July 17, 1998, and entered into force on July 1, 2002.

3. Independent Institution

The ICC operates independently from the United Nations, although it maintains a cooperative relationship with the UN.

4. Location

The ICC is headquartered in The Hague, Netherlands, often referred to as the legal capital of the world due to the presence of several international judicial institutions.

5. First Trial

The ICC’s first trial was of Thomas Lubanga Dyilo, a Congolese warlord, who was convicted in 2012 for conscripting and enlisting children under the age of 15 to participate actively in hostilities.

6. 124 Member States

As of May 2024, the ICC has 124 member states that have ratified the Rome Statute, committing to support the court’s mission and cooperate with its investigations and prosecutions.

7. Prosecutor’s Office

The Office of the Prosecutor is an independent organ of the ICC, responsible for conducting investigations and prosecutions. It can initiate investigations proprio motu (on its own initiative) with the approval of the Pre-Trial Chamber.

8. Complementarity Principle

The ICC operates on the principle of complementarity, meaning it can only prosecute cases if national courts are unwilling or unable to do so genuinely.

9. No Statute of Limitations

There is no statute of limitations for the crimes within the ICC’s jurisdiction, meaning that individuals can be prosecuted regardless of when the crimes were committed.

10. Victim Participation

The ICC allows for the participation of victims in its proceedings, enabling them to present their views and concerns, which is a unique feature among international criminal tribunals.

International Criminal Court UPSC Questions

Question-1: What is the International Criminal Court?

Answer. The International Criminal Court (ICC) is a permanent tribunal established to prosecute individuals for the most serious crimes of international concern, including genocide, war crimes, crimes against humanity, and the crime of aggression. It operates as a court of last resort when national courts are unwilling or unable to prosecute such crimes.

Question-2: What is difference between ICC and ICJ?

Answer. The International Criminal Court (ICC) is responsible for prosecuting individuals for international crimes, while the International Court of Justice (ICJ) settles legal disputes between states. The ICC focuses on criminal accountability for individuals, whereas the ICJ adjudicates disputes between countries based on international law.

Question-3: Which countries are under International Criminal Court?

Answer. The International Criminal Court has jurisdiction over 124 member states that have ratified the Rome Statute, committing to support the court’s mission and cooperate with its investigations and prosecutions.

Question-4: What are the four international crimes?

Answer. The four international crimes within the jurisdiction of the International Criminal Court are genocide, war crimes, crimes against humanity, and the crime of aggression.

Question-5: What is called International court?

Answer. An international court is a judicial institution established by international agreements or conventions to resolve disputes between states or prosecute individuals for international crimes. Examples include the International Criminal Court (ICC) and the International Court of Justice (ICJ).

Question-6: Why is India not a member of the ICC?

Answer. India is not a member of the International Criminal Court (ICC) because it has not ratified the Rome Statute, the treaty that established the ICC. Therefore, India is not under the jurisdiction of the ICC.

Question-7: What are the reasons of India for not be a member of ICC?

Answer. India has cited concerns about the potential politicization of the ICC, loss of sovereignty, and perceptions of bias against certain countries as reasons for not becoming a member. Additionally, India believes its domestic legal system is capable of handling cases related to international crimes.

Question-8: What are the powers of the ICC?

Answer. The International Criminal Court (ICC) has the power to prosecute individuals for the most serious crimes of international concern, including genocide, war crimes, crimes against humanity, and the crime of aggression. It also has the authority to issue arrest warrants, conduct investigations, and hold trials.

Question-9: What is the scope of international criminal law?

Answer. International criminal law governs the prosecution of individuals for crimes that have international dimensions, such as genocide, war crimes, crimes against humanity, and the crime of aggression. Its scope includes establishing accountability for individuals who commit these crimes and ensuring justice for victims.

Question-10: Who signed the ICC?

Answer. The International Criminal Court (ICC) was established by the Rome Statute, which was signed on July 17, 1998, by representatives of 120 states during a diplomatic conference in Rome, Italy.

Question-11: Who sits on the ICC?

Answer. The International Criminal Court (ICC) is composed of judges who are elected by the Assembly of States Parties from a list of qualified candidates nominated by member states. The judges represent various legal systems and ensure a diverse and impartial bench.

Question-12: What are the organs of the ICC?

Answer. The organs of the International Criminal Court (ICC) include the Presidency, Chambers (comprising Pre-Trial, Trial, and Appeals Chambers), the Office of the Prosecutor, and the Registry. These organs work together to ensure the effective functioning of the court and the fair administration of justice.

Question-13: What are the 5 main international crimes?

Answer. The five main international crimes within the jurisdiction of the International Criminal Court (ICC) are genocide, war crimes, crimes against humanity, the crime of aggression, and crimes of apartheid.

Question-14: What is the oldest international crime?

Answer. Genocide is considered one of the oldest international crimes, dating back to ancient civilizations. However, the concept of genocide as a crime under international law was formally recognized after World War II with the adoption of the Convention on the Prevention and Punishment of the Crime of Genocide in 1948.

Question-15: What are the top 5 types of crimes?

Answer. The top five types of crimes prosecuted by the International Criminal Court (ICC) are genocide, war crimes, crimes against humanity, the crime of aggression, and crimes of apartheid.

Question-16: Who runs the International court?

Answer. The International Criminal Court (ICC) is run by a combination of judges, prosecutors, and administrative staff who work within the various organs of the court, including the Presidency, Chambers, Office of the Prosecutor, and Registry.

Question-17: What does ICC stand for?

Answer. ICC stands for the International Criminal Court. It is a permanent tribunal established to prosecute individuals for the most serious crimes of international concern, including genocide, war crimes, crimes against humanity, and the crime of aggression.

Question-18: Why is USA not ICC?

Answer. The United States is not a member of the International Criminal Court (ICC) because it has concerns about the court’s jurisdiction and the potential for politically motivated prosecutions against American citizens. The U.S. government also asserts that its domestic legal system is capable of holding individuals accountable for international crimes.

Question-19: What is the future of international criminal law?

Answer. The future of international criminal law is likely to involve continued efforts to strengthen accountability mechanisms, expand the reach of international justice, and address emerging challenges such as cybercrimes, environmental crimes, and crimes against cultural heritage.

Question-20: Is ICC legally binding?

Answer. Yes, decisions and rulings of the International Criminal Court (ICC) are legally binding on states that have ratified the Rome Statute and are under the jurisdiction of the court. However, enforcement of ICC decisions relies on the cooperation of member states and international bodies.

Question-21: Who rules the ICC?

Answer. The International Criminal Court (ICC) is governed by the Rome Statute, which establishes the legal framework and jurisdiction of the court. The ICC is overseen by various organs, including the Presidency, Chambers, Office of the Prosecutor, and Registry, with judges and prosecutors appointed by member states.

Question-22: What is the duty of ICC?

Answer. The International Criminal Court (ICC) has the duty to investigate, prosecute, and adjudicate cases involving individuals accused of committing genocide, war crimes, crimes against humanity, and the crime of aggression. It seeks to hold perpetrators of these serious international crimes accountable and deliver justice to victims.

Question-23: How powerful is the ICC?

Answer. The power of the International Criminal Court (ICC) lies in its authority to prosecute individuals for the most serious crimes of international concern, regardless of their official capacity or nationality. While the ICC’s jurisdiction is significant, its effectiveness and impact depend on the cooperation of member states and the international community.

Question-24: What is the difference between criminal law and international criminal law?

Answer. Criminal law deals with offenses committed within the jurisdiction of a particular country, while international criminal law addresses crimes of international concern that transcend national borders. International criminal law focuses on prosecuting individuals for genocide, war crimes, crimes against humanity, and the crime of aggression, regardless of where the crimes occurred or the nationality of the perpetrator.

Question-25: What is the concept of the International Criminal Court?

Answer. The International Criminal Court (ICC) is a judicial institution established to prosecute individuals for the most serious crimes of international concern, including genocide, war crimes, crimes against humanity, and the crime of aggression. It operates as a court of last resort when national courts are unwilling or unable to prosecute such crimes.

Question-26: What are the three areas of international criminal law?

Answer. The three main areas of international criminal law are:

1. Genocide: The intentional destruction, in whole or in part, of a national, ethnic, racial, or religious group.
2. War Crimes: Violations of the laws and customs of war, including targeting civilians, using prohibited weapons, and mistreating prisoners of war.
3. Crimes Against Humanity: Widespread or systematic attacks directed against a civilian population, including murder, torture, rape, and forced displacement.

Question-27: How many judges are in the International Criminal Court?

Answer. The International Criminal Court (ICC) has a total of 18 judges who are elected by the Assembly of States Parties. The judges serve nine-year terms and represent various legal systems to ensure a diverse and impartial bench.

Question-28: Where is the headquarters of the International Criminal Court?

Answer. The headquarters of the International Criminal Court (ICC) is located in The Hague, Netherlands. It is situated in the International Zone of the city, which hosts various international organizations and tribunals.

Question-29: How can I file a case in International Criminal Court?

Answer. Cases before the International Criminal Court (ICC) are initiated by the Office of the Prosecutor based on information received from various sources, including victims, witnesses, states, and non-governmental organizations. Individuals cannot directly file cases with the ICC; instead, they can provide relevant information to the Office of the Prosecutor for consideration.

Question-30: Where is the head office of ICC?

Answer. The head office of the International Criminal Court (ICC) is located in The Hague, Netherlands.

Question-31: Who was the first Indian judge of the International Court of Justice?

Answer. The first Indian judge of the International Court of Justice (ICJ) was Nagendra Singh, who served from 1957 to 1967.

Question-32: Who leads the ICC?

Answer. As of May 2024, the President of the International Criminal Court (ICC) is Judge Tomoko Akane from Japan.

Question-33: Who is the father of criminology?

Answer. Cesare Lombroso is often referred to as the “father of criminology” for his pioneering work in the field of criminal anthropology and his theory of the “born criminal.”

Question-34: What are the worst crimes?

Answer. The term “worst crimes” can vary depending on context, but generally, crimes such as genocide, war crimes, crimes against humanity, and terrorism are considered among the most egregious offenses.

Question-35: What are the top 3 international crimes?

Answer. The top three international crimes are genocide, war crimes, and crimes against humanity, as defined by international law.

Question-36: What are the top 3 crimes?

Answer. The top three crimes globally often include theft, assault, and drug-related offenses, though the prevalence of specific crimes may vary by region and jurisdiction.

Question-37: Which country is 1 in crime?

Answer. Venezuela has frequently been cited as one of the countries with high crime rates, but rankings of the “most crime-ridden” countries can vary depending on the criteria and data used.

Question-38: Who started the ICC?

Answer. The International Criminal Court (ICC) was established by the Rome Statute, which was adopted and opened for signature at the United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court in Rome on July 17, 1998.

Question-39: Who is the father of international criminal law?

Answer. Emerich de Vattel, a Swiss jurist, is often considered one of the fathers of international criminal law for his contributions to the development of principles of international law and the concept of individual criminal responsibility.

Question-40: What are the 8 most serious crimes?

Answer. The eight most serious crimes often include genocide, war crimes, crimes against humanity, terrorism, human trafficking, torture, piracy, and crimes of aggression.

Question-41: What is the most serious crimes?

Answer. Genocide, war crimes, crimes against humanity, and the crime of aggression are often considered the most serious crimes under international law.

Question-42: What are the hardest crimes to solve?

Answer. Burglary can be challenging to solve due to factors such as lack of evidence, difficulty in identifying suspects, and the transient nature of stolen property. However, the difficulty of solving crimes can vary depending on various factors and the resources available to law enforcement agencies.

Question-43: What is the role of the ICC?

Answer. The role of the International Criminal Court (ICC) is to prosecute individuals for the most serious crimes of international concern, namely genocide, war crimes, crimes against humanity, and the crime of aggression, when national jurisdictions are unwilling or unable to do so.

Question-44: What is ICC in India?

Answer. In India, ICC commonly refers to the International Cricket Council, the governing body for international cricket, responsible for organizing and regulating cricket tournaments and matches at the international level.

International Criminal Court UPSC MCQs

Question-1: Which city hosts the headquarters of the International Criminal Court (ICC)?

1. The Hague
2. Geneva
3. New York
4. Brussels

Answer: [A] – The Hague

Question-2: Which of the following crimes falls under the jurisdiction of the ICC?

1. Petty theft
2. Jaywalking
3. Genocide
4. Copyright infringement

Answer: [C] – Genocide

Question-3: How many judges sit on the bench of the ICC?

1. 15
2. 20
3. 25
4. 30

Answer: [A] – 15

Question-4: Which country is not a member of the ICC?

1. Germany
2. Russia
3. Souh Africa
4. Brazil

Answer: [B] – Russia

Question-5: Who is the current President of the ICC?

1. Judge Tomoko Akane
2. Judge Rosario Salvatore Aitala
3. Judge Reine Alapini-Gansou
4. Judge Theodor Meron

Answer: [A] – Judge Tomoko Akane

Question-6: What is the primary objective of the ICC?

1. Mediation of international disputes
2. Promotion of world trade
3. Prosecution of individuals for international crimes
4. Advancement of global education

Answer: [C] – Prosecution of individuals for international crimes

Question-7:  Which crime is NOT within the jurisdiction of the ICC?

1. Cyberbullying
2. War crimes
3. Crimes against humanity
4. Genocide

Answer: [A] – Cyberbullying

Question-8: How is the Chief Prosecutor of the ICC appointed?

1. Elected by the United Nations General Assembly
2. Appointed by the President of the United States
3. Selected by the ICC Assembly of States Parties
4. Chosen by a global referendum

Answer: [C] – Selected by the ICC Assembly of States Parties

Question-9: Which of the following countries is a member of the ICC?

1. North Korea
2. China
3. Canada
4. Iran

Answer: [C] – Canada

Question-10: What is the primary legal document that established the ICC?

1. Geneva Convention
2. Rome Statute
3. Treaty of Versailles
4. Magna Carta

Answer: [B] – Rome Statute