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International Criminal Court

International Criminal Court

Introduction to International Criminal Court

International Criminal Court (ICC), independent judicial institution with the power to try and punish individuals for the most serious crimes of international concern: genocide, crimes against humanity, crimes of aggression, and war crimes. The court was first approved in 1998 by a treaty known as the Rome Statute, and it officially came into being on July 1, 2002, after 60 countries ratified the treaty. The court has its headquarters in The Hague, The Netherlands.

Unlike previous war crimes courts with jurisdiction limited to specific conflicts, the ICC is a permanent institution whose jurisdiction extends globally. Even individuals from countries that are not parties to the Rome Statute may be subject to the court’s jurisdiction under certain circumstances. However, the ICC is complementary to national criminal procedures, meaning that it may not exercise jurisdiction if a nation is adequately prosecuting accused criminals.

The ICC differs from the United Nations International Court of Justice in important respects. First, the ICC is not an organ of the United Nations (UN), although it maintains a relationship with the UN. Second, the ICC handles cases involving individual criminal responsibility, whereas the International Court of Justice mainly decides legal disputes between nations.” (1)

International Criminal Court in 2011

United States views on international law (based on the document “Digest of U.S. Practice in International Law”): On June 6, 2011, Ambassador Rosemary A. DiCarlo, U.S. Deputy Permanent Representative to the United Nations, addressed the Security Council on the International Criminal Tribunal for the former Yugoslavia (“ICTY”) and the International Criminal Tribunal for Rwanda (“ICTR”). Ambassador DiCarlo’s statement, excerpted below, is available at (internet link) usun.state.gov/briefing/statements/2011/165103.htm.

Developments

Mr. President, we open this debate on a day when Ratko Mladic is in The Hague. His capture, arrest, and transfer to the International Criminal Tribunal for the Former Yugoslavia is a milestone on the path to justice and reconciliation. We commend the Government of Serbia for apprehending Mladic, and we welcome President Tadic’s statement about his country’s commitment to apprehending the final ICTY fugitive, Goran Hadzic. Mladic’s capture means that he will now have to answer to victims for his alleged crimes, including the genocide at Srebenica, Bosnia-Herzegovina in 1995. It puts perpetrators of mass atrocities on notice: they will be held accountable for genocide, war crimes, and crimes against humanity. We expect all United Nations member states to take the steps necessary to bring to justice those indicted by the Tribunals.

Mr. President, we welcome the steady progress the Tribunals for the former Yugoslavia and Rwanda have made to increase their efficiency. We urge both Tribunals to strive to complete their work at the earliest possible date. We are mindful of the importance of doing so without sacrificing the high standards of a fair trial. We urge the Presidents and the judges who act as managers of the courtrooms to take every measure to ensure that trials and appeals are both expeditious and fair.

Details

These Tribunals and their predecessors have had genuine historical impact. The establishment last December of the International Residual Mechanism for Criminal Tribunals demonstrated that war-crimes fugitives cannot escape justice. The Residual Mechanism will allow for the completion of those functions that will necessarily outlast the Tribunals themselves. Transfers of cases to national jurisdiction have been made possible because States have further developed their judicial and investigative capacities. Programs such as the Joint European and ICTY Training Project for National Prosecutors and Young Professionals are welcome efforts to help build such long-term capacity.

Again, we applaud the Tribunals’ work thus far, and we urge them to make the most efficient use of available resources. We also encourage the Tribunals to continue to work with the United Nations Secretariat and other relevant United Nations bodies to develop practical and effective methods, including retention measures, to address the staffing shortages and the problems of attrition highlighted in the Prosecutors’ reports.

More about the Issue

Mr. President, the United States calls on states in the former Yugoslavia to cooperate fully with the ICTY, which is both a legal obligation and a key to Euro-Atlantic integration. We welcome the Government of Croatia’s continued strong record of cooperation with the ICTY and its commitment to continue to search for any additional information the Prosecutor requested. Croatia provided crucial witnesses and documents in the important case against Ante Gotovina and others, which proved critical to the Tribunal’s deliberations.

We appreciate Croatia’s reaffirmation of its commitment to support the ICTY through the conclusion of its processes.

International Criminal Court in 2011

United States views on international law (based on the document “Digest of U.S. Practice in International Law”): On November 1, 2011, Frank E. Loy, Public Delegate, U.S. Mission to the United Nations, addressed the United Nations General Assembly in a plenary session following a report by President Song of the ICC. His remarks, available at (internet link) usun.state.gov/briefing/statements/2011/176932.htm, are excerpted below

Developments

Although the United States is not a party to the Rome Statute, we remain steadfastly committed to promoting the rule of law and to the principle that those responsible for serious violations of human rights and international humanitarian law should be held to account. We will continue to play a leadership role in righting these wrongs when they have been committed and, in concert with the international community, acting on early warning signs to prevent atrocities from occurring in the first place. We recognize that the International Criminal Court plays a key role in bringing perpetrators of the worst atrocities to justice.

Details

We were pleased to cast the U.S. first vote in favor of an ICC referral by the United Nations Security Council earlier this year, which reflects the U.S. continued engagement with the ICC and States Parties to the Rome Statute to end impunity for the worst crimes. Just as we are engaging with States Parties on issues of concern, the Obama Administration also is supporting the ICC’s prosecution of those cases that advance U.S. interests and values, consistent with the requirements of U.S. law.

More about the Issue

We continue to support positive complementarity initiatives by assisting countries in their efforts to develop domestic accountability processes for Rome Statute crimes. The ICC, by its nature, is intended to examine only those accused of bearing the greatest responsibility for the gravest crimes within its jurisdiction and depends on states to complement the ICC’s work with national-level prosecutions. In that regard, over the last year we supported efforts by the Government of the Democratic Republic of the Congo to draft legislation establishing specialized mixed courts and will continue to assist efforts to strengthen the capacity and independence of the Congolese judicial system in order to achieve justice for the victims of sexual violence and other grave crimes. We supported a pilot project in the DRC to protect witnesses and judicial officers in sensitive and challenging cases and are expanding this kind of witness-protection support and looking for additional ways to support domestic prosecutions in other countries. Despite the good work that has already been done, important challenges remain. In particular, reparations and coordinated and effective witness and judicial protection remain as key gaps that must be filled. Finally, my delegation’s concerns about the amendments adopted last year at Kampala are well-known, and were set forth in last year’s debate on this agenda item.

International Criminal Court in 2011

United States views on international law (based on the document “Digest of U.S. Practice in International Law”): Turning to the International Criminal Tribunal for Rwanda, the United States welcomes the June 24, 2011 judgment in the case against the former Minister of Women’s Development and five others. The conviction of the former Minister of Women’s Development is a significant milestone because it demonstrates that rape is a crime of violence that has been used as a tool of war by both men and women. The United States also welcomes the November 17, 2011 judgment in the case against the former Mayor of Kivumu, who had authority over the local police, yet failed to prevent the massacre of more than 1,500 people.

More about International Criminal Court

When we last addressed these issues in the Council in June, the United States welcomed the then-recent apprehension of fugitive Bernard Munyagishari in the Democratic Republic of the Congo. Now, 198 days after his arrest, the United States is discouraged that the nine remaining fugitives remain at large. Ensuring completion of the work of the Tribunal and smooth and efficient transition to the Residual Mechanism is not only the work of the Tribunal. Every member state has an obligation to apprehend the remaining fugitives. The United States, along with many others, is making a concerted effort to assist other nations in bringing these fugitives to justice. We ask all states to redouble their efforts and cooperate fully with the ICTR to locate and apprehend the remaining fugitives.

International Criminal Court

Embracing mainstream international law, this section on international criminal court explores the context, history and effect of the area of the law covered here.

International Criminal Court

In relation to the international law practice and International Criminal Court in this world legal Encyclopedia, please see the following section:

Private International Law

About this subject:

International Civil Litigation

. Note: there is detailed information and resources, in relation with these topics during the year 2011, covered by the entry, in this law Encyclopedia, about International Comity

International Criminal Court

In relation to the international law practice and International Criminal Court in this world legal Encyclopedia, please see the following section:

International Criminal Law

About this subject:

International, Hybrid, and Other Tribunals

Resources

See Also

  • International Criminal Law
  • Tribunals
  • International Criminal Court

Resources

Further Reading

  • The entry “international criminal court” in the Parry and Grant Encyclopaedic Dictionary of International Law (currently, the Encyclopaedic Dictionary of International Law, 2009), Oxford University Press

Resources

Notes and References

Guide to International Criminal Court

ICC – International Criminal Court

Further Reading

Hierarchical Display of International Criminal Court

International Organisations > World organisations > World organisation
Law > Criminal law > Criminal law > International criminal law
Law > Organisation of the legal system > Legal system > Courts and tribunals > International court
International Organisations > United Nations > UNO > UN Security Council > International Criminal Tribunal

International Criminal Court

Concept of International Criminal Court

See the dictionary definition of International Criminal Court.

Characteristics of International Criminal Court

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Resources

Translation of International Criminal Court

Thesaurus of International Criminal Court

International Organisations > World organisations > World organisation > International Criminal Court
Law > Criminal law > Criminal law > International criminal law > International Criminal Court
Law > Organisation of the legal system > Legal system > Courts and tribunals > International court > International Criminal Court
International Organisations > United Nations > UNO > UN Security Council > International Criminal Tribunal > International Criminal Court

See also

  • ICC

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