ICC - Jurisdiction and Procedure
ICC - Jurisdiction and Procedure
ICC - Jurisdiction and Procedure
JURISDICTION
o War Crimes
Include grave breaches of the Geneva Conventions and other
serious violations of the
laws and customs applicable in international armed conflict and
in conflicts not of an international character listed in the
Rome Statute, when they are committed as part of a plan or
policy or on a large scale.
o Crime of Aggression
As adopted by the Assembly of States Parties during the Review
Conference of the Rome Statute, held in Kampala (Uganda)
between 31 May and 11 June 2010, a crime of aggression
means the planning, preparation, initiation or execution of an
act of using armed force by a State against the sovereignty,
territorial integrity or political independence of another State.
PROCEDURE
Referrals
Any State Party to the Rome Statute can request the Office of the
Prosecutor to carry out an investigation. A State not party to the
Statute can also accept the jurisdiction of the ICC with respect to
crimes committed in its territory or by one of its nationals, and
request the Office of the Prosecutor to carry out an investigation. The
United Nations Security Council may also refer a situation to the
Court.
If the Office of the Prosecutor receives reliable information about
crimes involving nationals of a State Party or of a State which has
accepted the jurisdiction of the ICC, the prosecutor can initiate to
open an investigation. Thereafter, the prosecutor determines whether,
in his own opinion, the ICC has jurisdiction with respect to the alleged
crimes and whether there is a reasonable basis on to proceed with an
investigation.
o It must establish whether the crime of genocide, crimes against
humanity or war crimes may have been committed and, if so,
whether they were committed after 1 July 2002.
o The Prosecution must also ascertain whether any national
authorities are conducting a genuine investigation or trial of the
alleged perpetrators of the crimes.
o Lastly, it must notify the States Parties and other States which
may have jurisdiction of its intention to initiate an investigation.
Arrests
After the initiation of an investigation, only a Pre-Trial Chamber may,
at the request of the Prosecution, issue a warrant of arrest or
summons to appear if there are reasonable grounds to believe that the
person concerned has committed a crime within the ICCs jurisdiction.
When the Prosecution requests the issuance of a warrant of arrest or
summons to appear, it must provide the judges with the following
information:
o the name of the person;
o a description of the crimes the person is believed to have
committed;
o a concise summary of the facts (the acts alleged to be crimes);
o a summary of the evidence against the person;
o the reasons why the Prosecution believes that it is necessary to
arrest the person.
Rights of Suspects
Everyone is presumed innocent until proven guilty before the Court.
The Prosecution must prove the guilt of the suspect and a Trial
Chamber will convict someone only if it is satisfied that the charges
have been proven beyond reasonable doubt.
Suspects are presumed innocent. They are present in the courtroom
during the trial, and they have a right to a public, fair and impartial
hearing of their case. To this end, a series of guarantees are set out in
the Courts legal documents, including the following rights, to
mention but a few:
o to be defended by the counsel (lawyer) of their choice, present
evidence and witnesses
of their own and to use a language which they fully understand
and speak;
o to be informed in detail of the charges in a language which they
fully understand and speak;
o to have adequate time and facilities for the preparation of the
defense and to communicate freely and in confidence with
counsel;
o to be tried without undue delay;
o not to be compelled to testify or to confess guilt and to remain
silent, without such
silence being a consideration in the determination of guilt or
innocence;
o to have the Prosecution disclose to the defense evidence in its
possession or control which it believes shows or tends to show
the innocence of the accused, or to mitigate the guilt of the
accused, or which may affect the credibility of the Prosecutions
evidence.
Trial
Trials takes place at the seat of the Court in The Hague, unless the
judges decide to hole the trial elsewhere. This issue has been raised in
several cases. The accused must be present at his or her trial, which
is held in public, unless the Chamber determines that certain
proceedings be conducted in closed session in order to protect the
safety of victims and witnesses or the confidentiality of sensitive
evidentiary material.
The Prosecution presents its case first and calls witnesses to testify.
When the Prosecution has finished examining each witness, the
Counsel for the Defense is given the opportunity to also examine the
witness.
Once the Prosecution has presented all its evidence, it is the turn of
the accused, with the assistance of his or her counsel, to present his
or her defense.
Judgment and Sentence
After hearing the victims and the witnesses called to testify by the
Prosecution and the Defense and considering the evidence, the judges
decide whether the accused person is guilty or not guilty. The
sentence is pronounced in public and, wherever possible, in the
presence of the accused, and victims or their legal representatives, if
they have taken part in the proceedings.
The judges may impose a prison sentence, to which may be added a
fine or forfeiture of the proceeds, property and assets derived directly
or indirectly from the crime committed. The Court cannot impose a
death sentence. The maximum sentence is 30 years. However, in
extreme cases, the Court may impose a term of life imprisonment.
Convicted persons serve their prison sentences in a State designated
by the Court from a list of States which have indicated to the Court
their willingness to accept convicted persons. The conditions of
imprisonment are governed by the laws of the State of enforcement
and must be consistent with widely accepted international treaty
standards governing the treatment of prisoners. Such conditions may
not be more or less favorable than those available to prisoners
convicted of similar offences in the State of enforcement.
The convicted person or the Prosecution may also appeal on any other
ground that affects the fairness or reliability of the proceedings or the
decision, in particular on the ground of disproportion between the
sentence and the crime.
The legal representatives of the victims, the convicted person, or a
bona fide owner of property adversely affected by an order for
reparations to the victims may also appeal against such an order.
SOURCE:
Understanding the International Criminal Court by Public Information and
Documentation Section of the ICC: https://www.icc-
cpi.int/iccdocs/pids/publications/uicceng.pdf