What Exactly Does the International Criminal Court (ICC) Do?

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The International Criminal Court (ICC) is an independent, permanent international court that investigates, prosecutes, and tries individuals charged with the gravest crimes of concern to the global community. These include genocide, war crimes, crimes against humanity, and the crime of aggression. The ICC operates under the principle of complementarity, meaning it acts when national courts are unwilling or unable to prosecute perpetrators of these serious crimes. Since its establishment in 2002 by the Rome Statute, the ICC has been at the forefront of the global fight against impunity, aiming to bring justice to victims of atrocities and to deter future crimes.

The ICC’s creation marked a historic development in international law, providing the world with a judicial body to address the most egregious violations of human rights and international law. Unlike earlier ad hoc tribunals, such as those established for the former Yugoslavia and Rwanda, the ICC is a permanent court with jurisdiction over its member states and cases referred to it by the United Nations Security Council.

This article explores the history of the ICC, its structure, jurisdiction, core functions, and the critical role it plays in the global justice system.

History and Origins of the ICC

The idea of creating an international criminal court can be traced back to the Nuremberg Trials held after World War II, where Nazi leaders were prosecuted for war crimes and crimes against humanity. These trials set a precedent for holding individuals accountable for international crimes, but it wasn’t until decades later that the world saw the formation of a permanent international criminal court.

In 1998, after years of negotiations and discussions, the Rome Statute was adopted, establishing the ICC as the world’s first permanent international court capable of prosecuting individuals for the most serious international crimes. The statute was ratified by enough countries in 2002, and the ICC officially began operations in The Hague, Netherlands, becoming the world’s de facto judicial institution for crimes that shock the conscience of humanity.

As of 2023, 123 countries are members of the ICC, which provides the court with jurisdiction over crimes committed within these nations or by their nationals. However, several major countries, including the United States, China, and Russia, have not ratified the Rome Statute, leading to criticism that the ICC’s reach is limited.

The Rome Statute

The Rome Statute is the treaty that established the ICC and outlines its jurisdiction, structure, and procedures. It is one of the most comprehensive international treaties aimed at addressing crimes that pose a significant threat to international peace and security. The Statute defines the crimes that fall within the ICC’s jurisdiction and establishes the court’s rules of procedure, the rights of the accused, and the protections available to victims and witnesses.

The Rome Statute is an evolving legal instrument, and it continues to be refined through amendments and updates by the Assembly of States Parties (ASP), the court’s governing body.

Core Functions of the ICC

The ICC’s primary function is to investigate and prosecute individuals responsible for serious international crimes. However, its work is multifaceted and extends to supporting national legal systems, providing justice for victims, and upholding international legal standards. Below are the core functions of the ICC.

1. Investigating and Prosecuting International Crimes

The ICC’s primary role is to investigate and prosecute individuals accused of the most serious crimes under international law. These crimes include:

  • Genocide: The ICC prosecutes individuals responsible for acts intended to destroy, in whole or in part, a national, ethnic, racial, or religious group. Genocide can take many forms, such as mass killings, forced sterilization, or forcibly transferring children to another group.
  • War Crimes: War crimes are serious violations of the laws and customs of war, including targeting civilians, using child soldiers, and committing atrocities like torture or rape during armed conflicts. The ICC’s mandate covers both international and non-international armed conflicts.
  • Crimes Against Humanity: These are widespread or systematic attacks against civilians, including murder, enslavement, deportation, imprisonment, and sexual violence. Crimes against humanity differ from war crimes in that they can occur during times of peace as well as during conflict.
  • Crime of Aggression: The ICC also prosecutes individuals responsible for acts of aggression, which refers to the use of armed force by a state against the sovereignty, territorial integrity, or political independence of another state in violation of international law.

Once the ICC receives credible information about alleged crimes, it can open an investigation either through a referral from a state party, a referral from the United Nations Security Council, or on its own initiative (proprio motu) with the approval of the court’s judges. Investigations are carried out by the Office of the Prosecutor (OTP), which gathers evidence, interviews witnesses, and builds cases against individuals accused of committing these heinous crimes.

2. Complementarity and Cooperation with National Courts

The ICC operates under the principle of complementarity, meaning it only steps in when national legal systems are unwilling or unable to prosecute perpetrators of international crimes. The court’s role is not to replace national courts but to complement them. When national authorities are able and willing to investigate and prosecute crimes within their own jurisdiction, the ICC defers to those domestic proceedings.

This principle ensures that the ICC does not interfere with the sovereignty of states but rather acts as a safety net when national justice systems fail to act. In cases where national courts are compromised, lack resources, or where the accused may be too powerful for local authorities to handle, the ICC can take up the case to ensure accountability.

The ICC works closely with national governments, judicial systems, and law enforcement agencies to facilitate cooperation in investigations and prosecutions. This cooperation includes the extradition of suspects, sharing evidence, and supporting local efforts to hold criminals accountable.

3. Trial Process and Due Process Rights

Once an investigation is complete, the ICC may issue arrest warrants or summonses for individuals believed to be responsible for crimes. If arrested, the accused faces trial at the ICC in The Hague, where the court operates under strict standards of due process and international law. The trial process is designed to ensure fairness and protect the rights of both the accused and victims.

  • The Role of Judges: The ICC has 18 judges, elected by the Assembly of States Parties, who preside over cases. Judges are selected based on their expertise in criminal law and human rights law, and they come from diverse legal traditions and geographic regions.
  • Pre-Trial, Trial, and Appeals Chambers: The ICC’s judicial proceedings are divided into different chambers, each with specific responsibilities. The Pre-Trial Chamber decides whether there is enough evidence to proceed to trial. The Trial Chamber oversees the trial itself, where the prosecution and defense present their cases. If a verdict is reached, the convicted individual can appeal the decision to the Appeals Chamber.
  • Rights of the Accused: The ICC guarantees the accused the right to a fair trial, including the right to legal representation, the right to present evidence and call witnesses, and the right to be presumed innocent until proven guilty. These safeguards ensure that the ICC’s judicial process adheres to the highest international standards of justice.

If convicted, the court may sentence individuals to imprisonment, and the ICC has agreements with several countries to house convicted individuals. In some cases, the ICC may also order reparations for victims.

4. Protecting Victims and Witnesses

A significant part of the ICC’s mission is ensuring justice for the victims of international crimes. Unlike many other courts, the ICC allows victims to participate directly in legal proceedings, giving them a voice in the pursuit of justice. The court has created a framework for victim participation, enabling victims to provide testimony, share their experiences, and seek reparations.

  • Victims’ Participation: Victims may apply to participate in ICC proceedings, either as witnesses or as participants in the reparations process. The court recognizes the important role that victims play in holding perpetrators accountable and in helping to establish the truth.
  • Reparations for Victims: The ICC can order reparations for victims, including financial compensation, rehabilitation, and symbolic measures like apologies or memorials. The court’s Trust Fund for Victims (TFV) administers these reparations and provides support to victims and their families, particularly those affected by crimes such as sexual violence, torture, or displacement.
  • Witness Protection: Given the sensitive nature of many ICC cases, the court provides extensive protection measures for witnesses and victims who testify. The ICC’s Witness Protection Program ensures that individuals who come forward to provide evidence are shielded from retaliation or harm, often relocating them and their families to safe locations.

5. Deterrence and International Accountability

One of the long-term goals of the ICC is to act as a deterrent to future crimes by holding perpetrators accountable for their actions. By prosecuting individuals responsible for the world’s most heinous crimes, the ICC sends a clear message that impunity will not be tolerated.

The court also plays a significant role in fostering international accountability by upholding the rule of law. The existence of the ICC ensures that there is a permanent judicial body to investigate and prosecute individuals, regardless of their position of power or influence. Whether they are government leaders, military officials, or rebel commanders, no one is immune from the reach of the ICC.

By maintaining international legal standards, the ICC helps reinforce the importance of human rights and the prevention of atrocities, encouraging countries to adhere to international norms and deter potential war criminals.

Challenges and Criticisms of the ICC

While the ICC has made significant strides in international justice, it faces several challenges and criticisms:

  • Limited Jurisdiction: The ICC can only prosecute crimes committed in countries that are members of the Rome Statute or in situations referred by the United Nations Security Council. This limits the court’s ability to address crimes in non-member countries like Syria, China, and the United States, where some of the most serious international crimes may occur.
  • Political Controversy: The ICC has been criticized for being politically biased, with some countries accusing it of disproportionately targeting African leaders. While the ICC has investigated and prosecuted cases in other regions, the majority of its early cases involved African countries, leading to perceptions of selective justice.
  • Enforcement Issues: The ICC relies on its member states to arrest suspects and enforce its rulings, as the court has no police force of its own. In some cases, governments have refused to cooperate with the ICC, allowing individuals to evade arrest and prosecution.
  • Slow Judicial Process: Critics have pointed out that the ICC’s judicial process can be slow, with cases often taking years to investigate and prosecute. This can delay justice for victims and prolong the process of holding perpetrators accountable.

Conclusion

The International Criminal Court (ICC) plays a pivotal role in the global fight against impunity for the world’s most serious crimes. By investigating and prosecuting individuals responsible for genocide, war crimes, crimes against humanity, and the crime of aggression, the ICC helps to uphold international law and provide justice for victims of atrocities.

Despite its challenges, including limited jurisdiction and enforcement difficulties, the ICC remains a vital institution in promoting accountability, protecting human rights, and deterring future crimes. As the only permanent international court with the authority to prosecute these grave crimes, the ICC continues to serve as a beacon of hope for victims of injustice around the world. Through its efforts, the court helps to build a more just and peaceful global community, ensuring that those who commit atrocities will eventually face justice.

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Farah Washington

Farah Washington is a dedicated writer with a passion for sharing stories that resonate with readers. Her work combines insight and authenticity, making every piece engaging and relatable. When she’s not writing, Farah enjoys exploring city life, spending time with family, and discovering new music to inspire her creativity.