THE INTERNATIONAL CRIMINAL COURT
SUMMARY
The ICC is the first permanent international treaty-based criminal court. The ICC assure that the worst criminals are held accountable for their crimes. The International Criminal Court serves as a court of last resort that is enabled to investigate crimes against humanity- war crimes or genocide and in 2017 will be crimes of aggression. The ICC aim to help promote peace by stopping future perpetrators and assisting in state judiciaries in prosecuting the worst of all crimes.
OBJECTIVES
Objectives of the ICC are to try cases of judges, to indict war criminals such as Omar al Bashir, advocating reconciliation processes, to provide technical support towards the national judiciary bodies, enabling victims to contribute to court proceedings in the role of a witness, publicize case (name and shame) and to investigate and initiate court proceedings referred by the prosecutor.
CRITICISM AND POWER
The ICC has more negatives than positives towards a state, the positives are that they assist the state, they protect and ward away bad influences and prosecute perpetrators. The negatives are that the leader of the state can be tried (Omar al Bashir for Sudan can be tried if Sudan approached ICC) that it can take control and the sovereignty can be challenged. The ICC have origins in the international outrage about the abuse of human rights in WW2 (Hitler) although they were established to try crimes committed only with a specific time frame and during that kind of conflict, could the ICC have stopped Hitler's Wrath? There have been more failures than success to a patchy history. They have failed on Omar al Bashir when in 2008 the prosecutor added genocide after trial and they are currently failing because Bashir can freely travel and Sudan does not recognise. Though they have had success when they jailed Thomas Congo in 2012 for 14 years for being convicted foe war crimes- enslaving child soldiers and he was the first person to be convicted by the ICC.
SUMMARY
The ICC aims:
· To ensure that the worst perpetrators are held accountable for their crimes; they act to prosecute those who have committed legal, social and moral atrocities who wouldn’t be prosecuted in their own states.
· To serve as a court of last resort that can investigate crimes against humanity, genocide and war crimes
· To assist state judiciaries in prosecuting the worst crimes
· To help promote peace by deterring future perpetrators
The main roles of the ICC include:
· The court investigates and initiates court proceedings as referred by the prosecutor
· Try cases in front of judges
· Provide technical support to national judiciary bodies
· Publicise cases against perpetrators
· Indict war criminals - Omar al Bashir - Sudan
· Enable victims to participate in court proceedings as witnesses
· Advocates for reconciliation processes
CASE STUDY
21 cases in 8 situations have been brought before the International Criminal Court.
It can only try people of member states, and only try people from states that hand over their people.
Al-Gaddafi and al-Senussi were wanted by the ICC for crimes against humanity but the Libyan authorities insisted that they stand trial in Libya. When it comes to state v ICC, in this case especially, the power of the ICC is clearly challenged and somewhat overthrown.
In theory the worth role of the ICC is extensive. However throughout the ICC's 21 cases, their power is questioned and their effectiveness regularly comes into question. The ICC is known as the “court of last resort” and primarily acts when national courts are unwilling or unable to do so.
Sudan is not a signatory nor state member of the Rome Statute, but the ICC has been conducting an ongoing investigation of the situation in Darfur. The ICC is investigating criminal acts committed during the War in Darfur; which include genocide, war crimes and crimes against humanity. As of 2012 seven suspects have been indicted by the court: Ahmed Haroun and Ali Kushayb, Omar al-Bashir, Bahar Abu Garda, Abdallah Banda and Saleh Jerbo, and Abdel Rahim Mohammed Hussein.
The International Criminal Court, in theory, only has jurisdiction to investigate alleged crimes which occurred in that of member states of the Rome Statute. However, in addition to this, a situation can be referred to the ICC's Chief Prosecutor by the UN Security Council. According to the United Nation website- in the case of Darfur, the Security Council referred the situation on 31 March 2005 after the passage of Resolution 1593. The resolution was passed by a vote of 11 in favor and zero against, with four abstentions. An investigation was formally opened on 6 June 2005, by prosecutor Luis Moreno Ocampo.
The Rome Statute of the International Criminal Court is the treaty that established the International Criminal Court. It was adopted at a diplomatic conference in Rome on 17 July 1998 and it entered into force on 1 July 2002.
The investigation in Darfur was effective as the ICC Prosecutor has charged six people with offences within the jurisdiction of the ICC, which can prosecute individuals who are accused of committed three categories of crime: genocide, crimes against humanity and war crimes (according to the ICC website and several other sources).
Situation in Uganda
Who: Prosecutor v Joseph Kony, Vincent Otti, Okot Odhiambo and Dominic Ongwen.
What: The Situation in Uganda is an ongoing investigation ICC into the Lord's Resistance Army rebellion which has been taking place in northern Uganda and neighboring regions since 1987. The LRA is a Christian base group led by Joseph Kony and is accused of numerous human rights violations including massacres, the abduction of civilians, the use of child soldiers, sexual enslavement, torture, and pillaging.
Why: The investigation follows the referral of the situation to the ICC by the government of Uganda in December 2003. Since, warrants of arrest were issued for Joseph Kony, Okot Odhiambo, Dominic Ongwen, and Vincent Otti in 2005. Making these men the first to become indcited by the Court
Challenges for the ICC: Suspects are still at large, Otti has since perished. Their whereabouts is unknown, making it currently impossible to trial the men.
Outcome: There is no solid outcome as of yet; but due to the sheer brutality of the men and their fugitive status this case could remain open still for some years.
Success: The case including crimes against humanity, genocide and war crimes was passed on to the ICC from the Ugandan government; the behaviour of the men has been condemned and it is currently awaiting trial.
Failure: The men can’t be brought to trial currently because they are virtually missing and they have not been successfully prosecuted as of yet.
Rome Statute signatories:
The ICC states: 122 countries are States Parties to the Rome Statute of the International Criminal Court. Out of them 34 are African States, 18 are Asia-Pacific States, 18 are from Eastern Europe, 27 are from Latin American and Caribbean States, and 25 are from Western European and other States.
List of states in chronological order:
· Senegal 02 February 1999
· Trinidad and Tobago 06 April 1999
· San Marino 13 May 1999
· Italy 26 July 1999
· Fiji 29 November 1999
· Ghana 20 December 1999
· Norway 16 February 2000
· Belize 05 April 2000
· Tajikistan 05 May 2000
· Iceland 25 May 2000
· Venezuela 07 June 2000
· France 09 June 2000
· Belgium 28 June 2000
· Canada 07 July 2000
· Mali 16 August 2000
· Lesotho 06 September 2000
· New Zealand 07 September 2000
· Botswana 08 September 2000
· Luxembourg 08 September 2000
· Sierra Leone 15 September 2000
· Gabon 20 September 2000
· Spain 24 October 2000
· South Africa 27 November 2000
· Marshall Islands 07 December 2000
· Germany 11 December 2000
· Austria 28 December 2000
· Finland 29 December 2000
· Argentina 08 February 2001
· Dominica 12 February 2001
· Andorra 30 April 2001
· Paraguay 14 May 2001
· Croatia 21 May 2001
· Costa Rica 07 June 2001
· Antigua and Barbuda 18 June 2001
· Denmark 21 June 2001
· Sweden 28 June 2001
· Netherlands 17 July 2001
· Serbia 06 September 2001
· Nigeria 27 September 2001
· Liechtenstein 02 October 2001
· Central African Republic 03 October 2001
· United Kingdom 04 October 2001
· Switzerland 12 October 2001
· Peru 10 November 2001
· Nauru 12 November 2001
· Poland 12 November 2001
· Hungary 30 November 2001
· Slovenia 31 December 2001
· Benin 22 January 2002
· Estonia 30 January 2002
· Ecuador 05 February 2002
· Portugal 05 February 2002
· Mauritius 05 March 2002
· The Former Yugoslav Republic of Macedonia 06 March 2002
· Cyprus 07 March 2002
· Panama 21 March 2002
· Democratic Republic of the Congo 11 April 2002
· Niger 11 April 2002
· Cambodia 11 April 2002
· Jordan 11 April 2002
· Mongolia 11 April 2002
· Bosnia and Herzegovina 11 April 2002
· Romania 11 April 2002
· Slovakia 11 April 2002
· Ireland 11 April 2002
· Bulgaria 11 April 2002
· Greece 15 May 2002
· Uganda 14 June 2002
· Brazil 20 June 2002
· Namibia 25 June 2002
· Bolivia 27 June 2002
· Uruguay 28 June 2002
· Gambia 28 June 2002
· Latvia 28 June 2002
· Honduras 01 July 2002
· Australia 01 July 2002
· Colombia 05 August 2002
· United Republic of Tanzania 20 August 2002
· Timor-Leste 06 September 2002
· Samoa 16 September 2002
· Malawi 19 September 2002
· Djibouti 05 November 2002
· Republic of Korea 13 November 2002
· Zambia 13 November 2002
· Malta 29 November 2002
· Saint Vincent and the Grenadines 03 December 2002
· Barbados 10 December 2002
· Albania 31 January 2003
· Afghanistan 10 February 2003
· Lithuania 12 May 2003
· Guinea 14 July 2003
· Georgia 05 September 2003
· Burkina Faso 16 April 2004
· Congo 03 May 2004
· Burundi 21 September 2004
· Liberia 22 September 2004
· Guyana 24 September 2004
· Kenya 15 March 2005
· Dominican Republic 12 May 2005
· Mexico 28 October 2005
· Saint Kitts and Nevis 22 August 2006
· Montenegro 23 October 2006
· Comoros 01 November 2006
· Chad 01 January 2007
· Japan 17 July 2007
· Madagascar 14 March 2008
· Suriname 15 July 2008
· Cook Islands 18 July 2008
· Chile 29 June 2009
· Czech Republic 21 July 2009
· Bangladesh 23 March 2010
· Seychelles 10 August 2010
· Saint Lucia 18 August 2010
· Republic of Moldova 12 October 2010
· Grenada 19 May 2011
· Tunisia 24 June 2011
· Philippines 30 August 2011
· Maldives 21 September 2011
· Cape Verde 10 October 2011
· Vanuatu 02 December 2011
· Guatemala 02 April 2012
· Côte d’Ivoire 15 February 2013
Why have some refused to sign/join?
Some States, like Northern America, want to have total control over the prosecution of their criminals and do not want to have the input of the ICC. They don’t want some of their power shipped off to bodies of global governance and want the prosecution decisions to remain intact amidst their borders. Some other States, such as Iran, are unwilling to sign the Rome Statute as they do not want to be held accountable for the actions of their people because they know that these people will be found guilty of legal, social and moral atrocities. Harsh judgment from western states surrounding the culture, customs and legal practices in nations of the Middle East or Africa make these states hesitant towards signing the treaty, to avoid scrutiny of their possibly corrupt antics.