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International Criminal Court

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International Criminal Court



 
 
The International Criminal Court (ICC or ICCt) (not to be confused with the International Court of Justice
International Court of Justice

The International Court of Justice is the primary judicial organ of the United Nations. It is based in the Peace Palace in The Hague, Netherlands....
), Cour pénale internationale (CPI) in french language
French language

French is a Romance language spoken around the world by around 80 million people as first language, by 190 million as second language, and by about another 200 million people as an acquired tongue, with significant speakers in 54 countries....
, is a permanent tribunal
Tribunal

Tribunal in the general sense is any person or institution with the authority to judge, adjudication on, or determine claims or disputes - whether or not it is called a tribunal in its title....
 to prosecute individuals for genocide
Genocide

Genocide is the deliberate and systematic destruction, in whole or in part, of an ethnic, racial, religious, or national group.While precise genocide definitions, a legal definition is found in the 1948 United Nations Convention on the Prevention and Punishment of the Crime of Genocide ....
, crimes against humanity
Crime against humanity

Crimes against humanity, as defined by the Rome Statute of the International Criminal Court Explanatory Memorandum, "are particularly odious offences in that they constitute a serious attack on human dignity or grave humiliation or a degradation of one or more human beings....
, war crime
War crime

War crimes are "violations of the laws or customs of war"; including but not limited to "murder, the ill-treatment or deportation of civilian residents of an occupied territory to slave labor camps", "the murder or ill-treatment of prisoner of war", the killing of hostages, "the wanton destruction of cities, towns and villages, and any devast...
s, and the crime of aggression (although it cannot currently exercise jurisdiction over the crime of aggression).

The Court came into being on 1 July 2002 — the date its founding treaty
Treaty

A Treaty is an agreement under international law entered into by actors in international law, namely states and international organizations. A Treaty may also be known as: agreement, protocol, covenant, convention, exchange of letters, etc....
, the Rome Statute of the International Criminal Court
Rome Statute of the International Criminal Court

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....
, entered into force — and it can only prosecute crimes committed on or after that date.






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The International Criminal Court (ICC or ICCt) (not to be confused with the International Court of Justice
International Court of Justice

The International Court of Justice is the primary judicial organ of the United Nations. It is based in the Peace Palace in The Hague, Netherlands....
), Cour pénale internationale (CPI) in french language
French language

French is a Romance language spoken around the world by around 80 million people as first language, by 190 million as second language, and by about another 200 million people as an acquired tongue, with significant speakers in 54 countries....
, is a permanent tribunal
Tribunal

Tribunal in the general sense is any person or institution with the authority to judge, adjudication on, or determine claims or disputes - whether or not it is called a tribunal in its title....
 to prosecute individuals for genocide
Genocide

Genocide is the deliberate and systematic destruction, in whole or in part, of an ethnic, racial, religious, or national group.While precise genocide definitions, a legal definition is found in the 1948 United Nations Convention on the Prevention and Punishment of the Crime of Genocide ....
, crimes against humanity
Crime against humanity

Crimes against humanity, as defined by the Rome Statute of the International Criminal Court Explanatory Memorandum, "are particularly odious offences in that they constitute a serious attack on human dignity or grave humiliation or a degradation of one or more human beings....
, war crime
War crime

War crimes are "violations of the laws or customs of war"; including but not limited to "murder, the ill-treatment or deportation of civilian residents of an occupied territory to slave labor camps", "the murder or ill-treatment of prisoner of war", the killing of hostages, "the wanton destruction of cities, towns and villages, and any devast...
s, and the crime of aggression (although it cannot currently exercise jurisdiction over the crime of aggression).

The Court came into being on 1 July 2002 — the date its founding treaty
Treaty

A Treaty is an agreement under international law entered into by actors in international law, namely states and international organizations. A Treaty may also be known as: agreement, protocol, covenant, convention, exchange of letters, etc....
, the Rome Statute of the International Criminal Court
Rome Statute of the International Criminal Court

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....
, entered into force — and it can only prosecute crimes committed on or after that date. The official seat of the Court is in The Hague
The Hague

The Hague is the third largest city in the Netherlands after Amsterdam and Rotterdam, with a population of 475,904 and an area of approximately 100 km?....
, Netherlands, but its proceedings may take place anywhere.

, 108 states are members of the Court; A further 40 countries have signed but not ratified
Ratification

Ratification is the act of approving and paying for supplies or services provided to and accepted by the government as a result of an unauthorized commitment....
 the Rome Statute. However, a number of states, including China, Russia, India and the United States, are critical of the Court and have not joined.

The Court can generally exercise jurisdiction
Jurisdiction

In law, jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility....
 only in cases where the accused is a national of a state party, the alleged crime took place on the territory
Territory

A territory is a defined area , considered to be a possession of a person, organization, institution, animal, state or country subdivision. The word can mean:...
 of a state party, or a situation is referred to the Court by the United Nations Security Council
United Nations Security Council

The United Nations Security Council is one of the principal organs charged with the maintenance of international security. Its powers, outlined in the United Nations Charter, include the establishment of peacekeeping operations, the establishment of international sanctions, and the authorization of war....
. The Court is designed to complement existing national judicial systems: it can exercise its jurisdiction only when national courts are unwilling or unable to investigate or prosecute such crimes. Primary responsibility to investigate and punish crimes is therefore left to individual states.

To date, the Court has opened investigations into four situations: Northern Uganda
Uganda

The Republic of Uganda is a landlocked country in East Africa. It is bordered on the east by Kenya, on the north by Sudan, on the west by the Democratic Republic of the Congo, on the southwest by Rwanda, and on the south by Tanzania....
, the Democratic Republic of the Congo
Democratic Republic of the Congo

The Democratic Republic of the Congo , is a country in central Africa with a small length of Atlantic coastline. It is the third largest list of African countries in order of geographical area....
, the Central African Republic
Central African Republic

The Central African Republic , is a landlocked country in Central Africa. It borders Chad in the north, Sudan in the east, the Republic of the Congo and the Democratic Republic of the Congo in the south, and Cameroon in the west....
 and Darfur
Darfur

Darfur is a region in Sudan. An independent sultanate for several hundred years, it was incorporated into Sudan by History of the Anglo-Egyptian co-dominium....
. The Court has issued public arrest warrants for thirteen people
List of people indicted by the International Criminal Court

This is a list of people who have been Indictment by the International Criminal Court , which was established in 2002 to prosecute individuals for genocide, crime against humanity, war crimes, and the crime of aggression....
; seven of them remain free, two have died, and four are in custody
People detained by the International Criminal Court

People detained by the International Criminal Court are held in the ICC's detention centre, which is located within a Dutch prison in Scheveningen, The Hague....
. The Court's first trial, of Congolese militia leader Thomas Lubanga
Thomas Lubanga

Thomas Lubanga Dyilo is a former rebel leader from the Democratic Republic of the Congo . He founded and led the Union of Congolese Patriots and was a key player in the Ituri conflict....
, began on 26 January 2009.

History

The United Nations states that the General Assembly
United Nations General Assembly

The United Nations General Assembly is one of the five principal United Nations System and the only one in which all member nations have equal representation....
 first recognised the need for a permanent international court to deal with atrocities of the kind committed during World War II
World War II

World War II, or the Second World War , was a global military conflict which involved a Participants in World War II, including all of the great powers, organised into two opposing military alliances: the Allies of World War II and the Axis powers....
 in 1948, following the Nuremberg
Nuremberg Trials

The Nuremberg Trials were a series of trials, or tribunals, most notable for the prosecution of prominent members of the political, military, and economic leadership of Nazi Germany after its defeat in World War II....
 and Tokyo Tribunals
International Military Tribunal for the Far East

The International Military Tribunal for the Far East , also known as the Tokyo Trial, the Tokyo War Crimes Tribunal or simply as the Tribunal, was convened to criminal procedure the leaders of the Empire of Japan for three types of crimes: "Class A" , "Class B" , and "Class C" , committed during World War II....
. At the request of the General Assembly, the International Law Commission
International Law Commission

The International Law Commission was established by the United Nations General Assembly in 1948 for the "promotion of the progressive development of international law and its codification."...
 drafted two draft statutes by the early 1950s but these were shelved as the Cold War
Cold War

The Cold War was the continuing state of conflict, tension and competition that existed between a number of world powers, including the United States, the Soviet Union, People's Republic of China, France, United Kingdom and those countries' respective allies from the mid-1940s to the early 1990s....
 made the establishment of an international criminal court politically unrealistic.

Benjamin B. Ferencz
Benjamin B. Ferencz

'Benjamin Berell Ferencz' is an United States lawyer. He was an investigator of Nazi war crimes after World War II and the Chief Prosecutor for the United States Army at the Einsatzgruppen Trial, one of the twelve Subsequent Nuremberg Trials held by the U.S....
, an investigator of Nazi war crime
War crime

War crimes are "violations of the laws or customs of war"; including but not limited to "murder, the ill-treatment or deportation of civilian residents of an occupied territory to slave labor camps", "the murder or ill-treatment of prisoner of war", the killing of hostages, "the wanton destruction of cities, towns and villages, and any devast...
s after World War II
World War II

World War II, or the Second World War , was a global military conflict which involved a Participants in World War II, including all of the great powers, organised into two opposing military alliances: the Allies of World War II and the Axis powers....
 and the Chief Prosecutor for the United States
United States

The United States of America is a Federal government constitutional republic comprising U.S. state and a federal district. The country is situated mostly in central North America, where its Contiguous United States and Washington, D.C., the Capital districts and territories, lie between the Pacific Ocean and Atlantic Oceans, Borders of the U...
 Army at the Einsatzgruppen Trial
Einsatzgruppen Trial

The Einsatzgruppen Trial was the ninth of the twelve trials for war crimes the United States authorities held in their occupation zone in Germany in Nuremberg after the end of World War II....
, one of the twelve military trials
Subsequent Nuremberg Trials

The Subsequent Nuremberg Trials were a series of twelve United States military tribunals for war crimes against surviving members of the military, political, and economical leadership of Nazi Germany, held in the Palace of Justice , Nuremberg after World War II from 1946 to 1949 following the Nuremberg Trials before the International Milita...
 held by the U.S. authorities at Nuremberg
Nuremberg

Nuremberg is a city in the Germany State of Bavaria, in the Regierungsbezirk of Middle Franconia. It is situated on the Pegnitz River river and the Rhine?Main?Danube Canal and is Franconia's largest city....
, later became a vocal advocate of the establishment of an international rule of law
Rule of law

The rule of law is a legal concept which includes a number of interrelated principles. First, protecting the rule of law ensures that no one is above the law....
 and of an International Criminal Court. In his first book published in 1975, entitled Defining International Aggression-The Search for World Peace, he argued for the establishment of such an international court.

The idea was revived in 1989 when A. N. R. Robinson
A. N. R. Robinson

Arthur Napoleon Raymond Robinson was President of Trinidad and Tobago from 19 March 1997 to 17 March 2003. He was previously Prime Minister from 18 December 1986 to 17 December 1991....
, then Prime Minister of Trinidad and Tobago, proposed the creation of a permanent international court to deal with the illegal drug trade
Illegal drug trade

The illegal drug trade or drug trafficking is a global black market consisting of the cultivation, manufacture, distribution and sale of Law controlled drugs....
. While work began on a draft statute, the international community established ad hoc
Ad hoc

Ad hoc is a List of Latin phrases which means "for this [purpose]". It generally signifies a solution designed for a specific problem or task, non-generalisable and which cannot be adapted to other purposes....
 tribunals to try war crimes in the former Yugoslavia and Rwanda, further highlighting the need for a permanent international criminal court.

Following years of negotiations, the General Assembly convened a conference in Rome in June 1998, with the aim of finalising a treaty. On 17 July 1998, the Rome Statute of the International Criminal Court
Rome Statute of the International Criminal Court

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....
 was adopted by a vote of 120 to 7, with 21 countries abstaining. The seven countries that voted against the treaty were China, Iraq
Iraq

Iraq , officially the Republic of Iraq , is a country in Western Asia spanning most of the northwestern end of the Zagros Mountains, the eastern part of the Syrian Desert and the northern part of the Arabian Desert....
, Israel
Israel

Israel officially the State of Israel , is a country in the Middle East located on the eastern shore of the Mediterranean Sea. It borders Lebanon in the north, Syria in the northeast, Jordan in the east, and Egypt on the southwest, and contains geographically diverse features within its relatively small area....
, Libya
Libya

Libya , officially the Great Socialist People's Libyan Arab Jamahiriya , is a country located in North Africa. Bordering the Mediterranean Sea to the north, Libya lies between Egypt to the east, Sudan to the southeast, Chad and Niger to the south, and Algeria and Tunisia to the west....
, Qatar
Qatar

Qatar , officially the State of Qatar , is an Arab emirate in Southwest Asia, occupying the small Qatar Peninsula on the northeasterly coast of the larger Arabian Peninsula....
, the United States, and Yemen
Yemen

Yemen , officially the Republic of Yemen is an Arab country located on the Arabian Peninsula in Southwest Asia. Yemen has an estimated population of more than 23 million people and is bordered by Saudi Arabia to the North, the Red Sea to the West, the Arabian Sea and Gulf of Aden to the South, and Oman to the east....
.

The Rome Statute became a binding treaty on 11 April 2002, when the number of countries that had ratified it reached 60. The Statute legally came into force on 1 July 2002, and the Court can only prosecute crimes committed after that date. The first bench of 18 judges was elected by an Assembly of States Parties in February 2003. They were sworn in at the inaugural session of the Court on 1 March 2003. The Court issued its first arrest warrant
Arrest warrant

An arrest warrant is a Warrant issued by and on behalf of the state, which authorizes the arrest and Detention of an individual....
s on 8 July 2005, and the first pre-trial hearings were held in 2006.

Membership

As of March 2009, 108 countries have joined the Court, including nearly all of Europe and South America, and roughly half the countries in Africa. However, these countries only account for a minority of the world's population.

A further 40 states have signed but not ratified the Rome Statute; the law of treaties
Vienna Convention on the Law of Treaties

The Vienna Convention on the Law of Treaties is a treaty concerning the customary international law on treaties between states. It was adopted on 22 May 1969 and opened for signature on 23 May 1969....
 obliges these states to refrain from “acts which would defeat the object and purpose” of the treaty. In 2002, two of these states, the United States and Israel, "unsigned" the Rome Statute, indicating that they no longer intend to become states parties and, as such, they have no legal obligations arising from their signature of the statute.

Jurisdiction


Crimes within the jurisdiction of the Court


Article 5 of the Rome Statute grants the Court jurisdiction over four groups of crimes, which it refers to as the “most serious crimes of concern to the international community as a whole”: the crime of genocide
Genocide

Genocide is the deliberate and systematic destruction, in whole or in part, of an ethnic, racial, religious, or national group.While precise genocide definitions, a legal definition is found in the 1948 United Nations Convention on the Prevention and Punishment of the Crime of Genocide ....
, crimes against humanity, war crimes, and the crime of aggression. The statute defines each of these crimes except for aggression: it provides that the Court will not exercise its jurisdiction over the crime of aggression until such time as the states parties agree on a definition of the crime and set out the conditions under which it may be prosecuted.

Many states wanted to add terrorism
Terrorism

Terrorism, according to the Merriam-Webster online dictionary, is the systematic use of terror, "violent or destructive acts committed by groups in order to intimidate a population or government into granting their demands." At present, there is no internationally agreed upon definition of terrorism....
 and drug trafficking
Illegal drug trade

The illegal drug trade or drug trafficking is a global black market consisting of the cultivation, manufacture, distribution and sale of Law controlled drugs....
 to the list of crimes covered by the Rome Statute; however, the states were unable to agree on a definition for terrorism and it was decided not to include drug trafficking as this might overwhelm the Court's limited resources. India lobbied to have the use of nuclear weapons and other weapons of mass destruction
Weapons of mass destruction

A weapon of mass destruction is a weapon that can kill large numbers of humans and/or cause great damage to man-made structures , natural structures , or the biosphere in general....
 included as war crimes but this move was also defeated. India has expressed concern that “the Statute of the ICC lays down, by clear implication, that the use of weapons of mass destruction is not a war crime. This is an extraordinary message to send to the international community.”

Some commentators have argued that the Rome Statute defines crimes too broadly or too vaguely. For example, China has argued that the definition of ‘war crimes’ goes beyond that accepted under customary international law
Customary international law

Customary international law are those aspects of international law that derive from Custom . Coupled with Sources_of_international_law#General_principles_of_law and Treaties, custom is considered by the International Court of Justice, jurists, the United Nations, and its member states to be among the primary sources of international law....
.

A Review Conference
Review Conference of the International Criminal Court Statute

A Review Conference of the International Criminal Court Statute is due to take place sometime after July 2009 to consider amendments to the treaty that founded the International Criminal Court....
 is due to take place in the first half of 2010. Among other things, the conference will review the list of crimes contained in Article 5. The final resolution on adoption of the Rome Statute specifically recommended that terrorism and drug trafficking be reconsidered at this conference.

Territorial jurisdiction

During the negotiations that led to the Rome Statute, a large number of states argued that the Court should be allowed to exercise universal jurisdiction
Universal jurisdiction

Universal jurisdiction or universality principle is a principle in international law whereby states claim criminal jurisdiction over persons whose alleged crimes were committed outside the boundaries of the prosecuting state, regardless of nationality, country of Residency , or any other relation with the prosecuting country....
. However, this proposal was defeated due in large part to opposition from the United States. A compromise was reached, allowing the Court to exercise jurisdiction only under the following limited circumstances:
  • where the person accused of committing a crime is a national of a state party (or where the person's state has accepted the jurisdiction of the Court);
  • where the alleged crime was committed on the territory of a state party (or where the state on whose territory the crime was committed has accepted the jurisdiction of the Court); or
  • where a situation is referred to the Court by the UN Security Council.


Temporal jurisdiction

The Court's jurisdiction does not apply retroactively: it can only prosecute crimes committed on or after 1 July 2002 (the date on which the Rome Statute entered into force). Where a state becomes party to the Rome Statute after that date, the Court can exercise jurisdiction automatically with respect to crimes committed after the statute enters into force for that state.

Complementarity

The Court is intended as a court of last resort, investigating and prosecuting only where national courts have failed. Article 17 of the Statute provides that a case is inadmissible if:

Article 20, paragraph 3, specifies that, if a person has already been tried by another court, the ICC cannot try them again for the same conduct unless the proceedings in the other court:

Structure

The Court is governed by an Assembly of States Parties. The Court consists of four organs: the Presidency, the Judicial Divisions, the Office of the Prosecutor, and the Registry.

Assembly of States Parties

The Court's management oversight and legislative body, the Assembly of States Parties, consists of one representative from each state party. Each state party has one vote and "every effort" has to be made to reach decisions by consensus. If consensus cannot be reached, decisions are made by vote.

The Assembly meets in full session once a year in New York or The Hague, and may also hold special sessions where circumstances require. Sessions are open to observer states and non-governmental organisations.

The Assembly elects the judges and prosecutors, decides the Court's budget, adopts important texts (such as the ), and provides management oversight to the other organs of the Court. Article 46 of the Rome Statute allows the Assembly to remove from office a judge or prosecutor who "is found to have committed serious misconduct or a serious breach of his or her duties" or "is unable to exercise the functions required by this Statute".

The states parties cannot interfere with the judicial functions of the Court. Disputes concerning individual cases are settled by the Judicial Divisions.

At the seventh session of the Assembly of States Parties in November 2008, the Assembly decided that the Review Conference of the Rome Statute shall be held in Kampala, Uganda, during the first semester of 2010.

Presidency

The Presidency is responsible for the proper administration of the Court (apart from the Office of the Prosecutor). It comprises the President and the First and Second Vice-Presidents — three judges of the Court who are elected to the Presidency by their fellow judges for a maximum of two three-year terms. As of March 2009, the President is Philippe Kirsch
Philippe Kirsch

Philippe Kirsch Queen's Counsel is a Canada lawyer and has been President of the International Criminal Court and a judge in its Appeals Division since March 2003....
, who was elected to a second term on 11 March 2006.

Judicial Divisions

The Judicial Divisions consist of the 18 judges of the Court, organized into three divisions — the Pre-Trial Division, Trial Division and Appeals Division — which carry out the judicial functions of the Court. Judges are elected to the Court by the Assembly of States Parties. They serve nine-year terms and are not generally eligible for re-election. All judges must be nationals of states parties to the Rome Statute, and no two judges may be nationals of the same state. They must be “persons of high moral character, impartiality and integrity who possess the qualifications required in their respective States for appointment to the highest judicial offices”.

The Prosecutor or any person being investigated or prosecuted may request the disqualification of a judge from "any case in which his or her impartiality might reasonably be doubted on any ground". Any request for the disqualification of a judge from a particular case is decided by an absolute majority of the other judges. A judge may be removed from office if he or she "is found to have committed serious misconduct or a serious breach of his or her duties" or is unable to exercise his or her functions. The removal of a judge requires both a two-thirds majority of the other judges and a two-thirds majority of the states parties.

Office of the Prosecutor

The Office of the Prosecutor is responsible for conducting investigations and prosecutions. It is headed by the Prosecutor, who is assisted by two Deputy Prosecutors. The Rome Statute provides that the Office of the Prosecutor shall act independently; as such, no member of the Office may seek or act on instructions from any external source, such as states, international organisations, non-governmental organisations or individuals.

The Prosecutor may open an investigation under three circumstances:
  • when a situation is referred to him by a state party;
  • when a situation is referred to him by the United Nations Security Council
    United Nations Security Council

    The United Nations Security Council is one of the principal organs charged with the maintenance of international security. Its powers, outlined in the United Nations Charter, include the establishment of peacekeeping operations, the establishment of international sanctions, and the authorization of war....
    , acting to address a threat to international peace and security; or
  • when the Pre-Trial Chamber authorises him to open an investigation on the basis of information received from other sources, such as individuals or non-governmental organisations.


Any person being investigated or prosecuted may request the disqualification of a prosecutor from any case "in which their impartiality might reasonably be doubted on any ground". Requests for the disqualification of prosecutors are decided by the Appeals Division. A prosecutor may be removed from office by an absolute majority of the states parties if he or she "is found to have committed serious misconduct or a serious breach of his or her duties" or is unable to exercise his or her functions. However, critics of the Court argue that there are “insufficient checks and balances on the authority of the ICC prosecutor and judges” and “insufficient protection against politicized prosecutions or other abuses”. Henry Kissinger
Henry Kissinger

Henry Alfred Kissinger is a Germany-born United States Jewish political scientist, bureaucrat, diplomat, and winner of the Nobel Peace Prize. He served as United States National Security Advisor and later concurrently as United States Secretary of State in the Nixon administration....
 says the checks and balances are so weak that the prosecutor “has virtually unlimited discretion in practice”.

As of March 2009, the Prosecutor is Luis Moreno-Ocampo
Luis Moreno-Ocampo

Luis Moreno-Ocampo is an Argentina lawyer who has been the Prosecutor of the International Criminal Court since 16 June 2003. He previously worked as a prosecutor in Argentina, famously combating corruption and prosecuting human rights abuses by senior military officials....
 of Argentina, who was elected by the Assembly of States Parties on 21 April 2003 for a term of nine years.

Registry

The Registry is responsible for the non-judicial aspects of the administration and servicing of the Court. This includes, among other things, “the administration of legal aid matters, court management, victims and witnesses matters, defence counsel, detention unit, and the traditional services provided by administrations in international organisations, such as finance, translation, building management, procurement and personnel”. The Registry is headed by the Registrar, who is elected by the judges to a five-year term.

Rights of the accused

The Rome Statute provides that all persons are presumed innocent until proven guilty beyond reasonable doubt
Burden of proof

The burden of proof is the obligation to shift the assumed conclusion away from an oppositional opinion to one's own position . The burden of proof may only be fulfilled by evidence....
, and establishes certain rights of the accused and persons during investigations. These include the right to be fully informed of the charges against him or her; the right to have a lawyer appointed, free of charge; the right to a speedy trial; and the right to examine the witnesses against him or her and to obtain the attendance and examination of witnesses on his or her behalf.

Some argue that the protections offered by the ICC are insufficient. According to one conservative think-tank, the Heritage Foundation
Heritage Foundation

The Heritage Foundation is an American American conservatism-leaning think tank based in Washington, D.C.The foundation took a leading role in the conservative movement during the presidency of Ronald Reagan, whose policies drew significantly from Heritage's policy study Mandate for Leadership....
, “Americans who appear before the court would be denied such basic constitutional rights as trial by a jury of one's peers, protection from double jeopardy, and the right to confront one's accusers.” However, Human Rights Watch
Human Rights Watch

Human Rights Watch is a United States based, international non-governmental organization that conducts research and advocacy on human rights. Its headquarters are in New York City....
 argues that “the ICC has one of the most extensive lists of due process guarantees ever written”, including “presumption of innocence; right to counsel; right to present evidence and to confront witnesses; right to remain silent; right to be present at trial; right to have charges proved beyond a reasonable doubt; and protection against double jeopardy”. According to David Scheffer
David Scheffer

David John Scheffer is an United States lawyer and diplomat who served as the first United States Ambassador-at-Large for War Crimes Issues, during President of the United States Bill Clinton's second term in office....
, who led the US delegation to the Rome Conference (and who voted against adoption of the treaty), “when we were negotiating the Rome treaty, we always kept very close tabs on, ‘Does this meet U.S. constitutional tests, the formation of this court and the due process rights that are accorded defendants?’ And we were very confident at the end of Rome that those due process rights, in fact, are protected, and that this treaty does meet a constitutional test.”

In order to ensure “equality of arms” between defence and prosecution teams, the ICC has established an independent Office of Public Counsel for the Defence (OPCD) to provide logistical support, advice and information to defendants and their counsel. The OPCD also helps to safeguard the rights of the accused during the initial stages of an investigation. However, Thomas Lubanga's defence team say they have been given a smaller budget than the Prosecutor and that evidence and witness statements have been slow to arrive.

Victim participation and reparations

The Rome Statute provides for victim participation in the Court's proceedings. Article 43(6) establishes a Victims and Witnesses Unit to provide "protective measures and security arrangements, counseling and other appropriate assistance for witnesses, victims who appear before the Court, and others who are at risk on account of testimony given by such witnesses." Article 68 sets out procedures for the "Protection of the victims and witnesses and their participation in the proceedings." The Court has also established an Office of Public Counsel for Victims, to provide support and assistance to victims and their legal representatives. Article 79 of the Rome Statute establishes a Trust Fund to make financial reparations
Reparation (legal)

In jurisprudence, reparation is replenishment of a previously inflicted loss by the criminal to the victim. Monetary restitution is a common form of reparation....
 to victims and their families.

Relationship with the United Nations

Unlike the International Court of Justice
International Court of Justice

The International Court of Justice is the primary judicial organ of the United Nations. It is based in the Peace Palace in The Hague, Netherlands....
, the ICC is legally and functionally independent from the United Nations. However, the Rome Statute grants certain powers to the United Nations Security Council
United Nations Security Council

The United Nations Security Council is one of the principal organs charged with the maintenance of international security. Its powers, outlined in the United Nations Charter, include the establishment of peacekeeping operations, the establishment of international sanctions, and the authorization of war....
. Article 13 allows the Security Council to refer to the Court situations that would not otherwise fall under the Court's jurisdiction (as it did in relation to the situation in Darfur, which the Court could not otherwise have prosecuted as Sudan
Sudan

Sudan is a country in northeastern Africa. It is the largest in the African continent and the Arab World, and List of countries and outlying territories by total area by area....
 is not a state party). Article 16 allows the Security Council to require the Court to defer from investigating a case for a period of 12 months. Such a deferral may be renewed indefinitely by the Security Council.

The Court cooperates with the UN in many different areas, including the exchange of information and logistical support. The Court reports to the UN each year on its activities, and some meetings of the Assembly of States Parties are held at UN facilities. The relationship between the Court and the UN is governed by a “Relationship Agreement between the International Criminal Court and the United Nations”.

Co-operation by states not party to Rome Statute

One of the principles of international law is that a treaty does not create either obligations or rights for third states (pacta tertiis nec nocent nec prosunt) without their consent, and this is also enshrined in the 1969 Vienna Convention on the Law of Treaties
Vienna Convention on the Law of Treaties

The Vienna Convention on the Law of Treaties is a treaty concerning the customary international law on treaties between states. It was adopted on 22 May 1969 and opened for signature on 23 May 1969....
. The co-operation of the non-party states with the ICC is envisioned by the Rome Statute of the International Criminal Court to be of voluntary nature. However, even states that have not acceded to the Rome Statute might still be subjects to an obligation to co-operate with ICC in certain cases. When a case is referred to the ICC by the UN Security Council all UN member states are obliged to co-operate, since its decisions are binding for all of them. Also, there is an obligation to respect and ensure respect for international humanitarian law, which stems from the Geneva Conventions
Geneva Conventions

The Geneva Conventions consist of four treaties formulated in Geneva, Switzerland, that set the standards for international law for humanitarian concerns....
 and Additional Protocol I, which reflects the absolute nature of IHL
International humanitarian law

International humanitarian law , often referred to as the laws of war, the laws and customs of war or the law of armed conflict, is the legal corpus "comprised of the Geneva Conventions and the Hague Conventions , as well as subsequent treaties, case law, and customary international law." It defines the conduct and responsib...
. Although the wording of the Conventions might not be precise as to what steps have to be taken, it has been argued that it at least requires non-party states to make an effort not to block actions of ICC in response to serious violations of those Conventions. In relation to co-operation in investigation and evidence gathering, it is implied from the Rome Statute that the consent of a non-party state is a prerequisite for ICC Prosecutor to conduct an investigation within its territory, and it seems that it is even more necessary for him to observe any reasonable conditions raised by that state, since such restrictions exist for states party to the Statute. Taking into account the experience of the ICTY (which worked with the principle of the primacy, instead of complementarity) in relation to co-operation, some scholars have expressed their pessimism as to the possibility of ICC to obtain co-operation of non-party states. As for the actions that ICC can take towards non-party states that do not co-operate, the Rome Statute stipulates that the Court may inform the Assembly of States Parties or Security Council, when the matter was referred by it, when non-party state refuses to co-operate after it has entered into an ad hoc arrangement or an agreement with the Court.

Amnesties and national reconciliation processes

It is unclear to what extent the Court is compatible with reconciliation processes that grant amnesty
Amnesty

Amnesty is a legislative or executive act by which a state restores those who may have been guilty of an offense against it to the positions of innocent persons....
 to human rights abusers as part of agreements to end conflict. Article 16 of the Rome Statute allows the Security Council to prevent the Court from investigating or prosecuting a case, and Article 53 allows the Prosecutor the discretion not to initiate an investigation if he or she believes that “an investigation would not serve the interests of justice”. The President of the ICC, Philippe Kirsch, has said that "some limited amnesties may be compatible" with a country's obligations genuinely to investigate or prosecute under the statute.

It is sometimes argued that amnesties are necessary to allow the peaceful transfer of power from abusive regimes. By denying states the right to offer amnesty to human rights abusers, the International Criminal Court may make it more difficult to negotiate an end to conflict and a transition to democracy. For example, the outstanding arrest warrants for four leaders of the Lord's Resistance Army
Lord's Resistance Army

The Lord's Resistance Army insurgency is a guerilla campaign waged since 1987 by the sectarian Lord's Resistance Army rebel group, operating mainly in northern Uganda, but also in South Sudan and eastern DR Congo....
 are regarded by some as an obstacle to ending the insurgency in Uganda. Czech politician Marek Benda argues that “the ICC as a deterrent will in our view only mean the worst dictators will try to retain power at all costs”. However, the United Nations and the International Committee of the Red Cross
International Committee of the Red Cross

The International Committee of the Red Cross is a private Humanitarianism institution based in Geneva, Switzerland. The community of states has given the ICRC a unique role , based on international humanitarian law of the Geneva Conventions as well as customary international law, to protect the victims of international and internal war....
 maintain that granting amnesty to those accused of war crimes and other serious crimes is a violation of international law.

Finance

The Court is financed by contributions from the states parties. The amount payable by each state party is determined using the same method as the United Nations: each state's contribution is based on the country’s capacity to pay, which reflects factors such as a national income and population. The maximum amount a single country can pay in any year is limited to 22% of the Court's budget; Japan paid this amount in 2008.

The Court spent
Euro

The euro is the official currency of 16 out of 27 European Union member state of the European Union . The states, known collectively as the Eurozone are: Austria, Belgium, Cyprus, Finland, France, Germany, Greece, Republic of Ireland, Italy, Luxembourg, Malta, the Netherlands, Portugal, Slovakia, Slovenia, and Spain....
80.5 million in 2007, and the Assembly of States Parties has approved a budget of €90,382,100 for 2008 and €101,229,900 for 2009. As of September 2008, the ICC’s staff consisted of 571 persons from 83 states.

Headquarters, offices and detention unit

The official seat of the Court is in The Hague
The Hague

The Hague is the third largest city in the Netherlands after Amsterdam and Rotterdam, with a population of 475,904 and an area of approximately 100 km?....
, Netherlands, but its proceedings may take place anywhere. The Court is currently housed in interim premises on the eastern edge of The Hague. The Court intends to construct permanent premises in Alexanderkazerne, to the north of The Hague.

The ICC also maintains a liaison office in New York and field offices in places where it conducts its activities. As of 18 October 2007, the Court had field offices in Kampala
Kampala

Kampala is the capital city of Uganda. With a population of 1,208,544 it is the largest city in Uganda. It is coterminous with the Kampala . The city is divided into five boroughs that oversee local planning: Central, Kawempe, Makindye, Nakawa and Rubaga....
, Kinshasa
Kinshasa

Kinshasa is the Capital and largest city of the Democratic Republic of the Congo, which is also known as Congo Kinshasa. The city is located on the Congo River....
, Bunia
Bunia

Bunia is a city in Democratic Republic of the Congo and is the capital of Ituri Province . As of 2009 it had an estimated population of 106,197....
, Abéché
Abéché

Ab?ch? is the 4th largest city in Chad, the capital of Ouadda? Region regions of Chad. The town is served by Ab?ch? Airport....
 and Bangui
Bangui

Bangui is the Capital of and the largest city in the Central African Republic. The majority of the population of the Central African Republic lives in the western parts of the country, near Bangui....
.

The ICC's detention centre
People detained by the International Criminal Court

People detained by the International Criminal Court are held in the ICC's detention centre, which is located within a Dutch prison in Scheveningen, The Hague....
 comprises twelve cells on the premises of the Scheveningen
Scheveningen

Media:Nl-Scheveningen.ogg is one of the eight districts of The Hague, as well as one of its subdistricts .Scheveningen is a modern seaside resort with a long sandy beach, an esplanade, a pier, and a lighthouse....
 branch of the Haaglanden Penal Institution, The Hague. Suspects held by the International Criminal Tribunal for the former Yugoslavia
International Criminal Tribunal for the former Yugoslavia

The International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991, more commonly referred to as the International Criminal Tribunal for the former Yugoslavia or ICTY, is a body of the United Nations establis...
 are held in the same prison and share some facilities, like the fitness room, but have no contact with suspects held by the ICC. The detention unit is close to the ICC's future headquarters in Alexanderkazerne.

As of March 2009, the detention centre houses five suspects: Thomas Lubanga
Thomas Lubanga

Thomas Lubanga Dyilo is a former rebel leader from the Democratic Republic of the Congo . He founded and led the Union of Congolese Patriots and was a key player in the Ituri conflict....
, Germain Katanga
Germain Katanga

Germain Katanga , also known as Simba, is a former leader of the Front for Patriotic Resistance of Ituri . On 17 October 2007, the Congolese authorities surrendered him to the International Criminal Court to stand trial on six counts of war crimes and three counts of crime against humanity....
, Mathieu Ngudjolo Chui
Mathieu Ngudjolo Chui

Mathieu Ngudjolo Chui is a colonel in the Military of the Democratic Republic of the Congo and a former senior commander of the Nationalist and Integrationist Front and the Front for Patriotic Resistance of Ituri ....
, Jean-Pierre Bemba
Jean-Pierre Bemba

Jean-Pierre Bemba Gombo is a politician in the Democratic Republic of the Congo. He was one of four Vice Presidents of the Democratic Republic of the Congo in the transitional government of the Democratic Republic of the Congo from 17 July 2003 to December 2006....
 and former Liberian President Charles Taylor. Taylor is being tried under the mandate and auspices of the Special Court for Sierra Leone
Special Court for Sierra Leone

The Special Court for Sierra Leone is an independent judicial body set up to "try those who bear greatest responsibility" for the war crimes and crimes against humanity committed in Sierra Leone after 30 November 1996 during the Sierra Leone Civil War....
, but his trial is being held at the ICC's facilities in The Hague because of political and security concerns about holding the trial in Freetown
Freetown

Freetown is the Capital and largest city of Sierra Leone. It is a major port city on the Atlantic Ocean located in the Western Area of Sierra Leone and with a population of 1,070,200 ....
.

Investigations

The Court has received complaints about alleged crimes in at least 139 countries but, as of March 2009, the Prosecutor has opened investigations into just four situations: Uganda, the Democratic Republic of the Congo, the Central African Republic and Darfur.

Uganda

In December 2003, the government of Uganda
Uganda

The Republic of Uganda is a landlocked country in East Africa. It is bordered on the east by Kenya, on the north by Sudan, on the west by the Democratic Republic of the Congo, on the southwest by Rwanda, and on the south by Tanzania....
, a state party, referred to the Prosecutor the situation concerning the Lord’s Resistance Army in Northern Uganda. On 8 July 2005, the Court issued its first arrest warrants for the Lord's Resistance Army leader Joseph Kony
Joseph Kony

Joseph Kony is the head of the Lord's Resistance Army , a guerrilla warfare group that is engaged in a violent campaign to establish theocracy government in Uganda, which claims to be based on the Christian Bible and the Ten Commandments....
, his deputy Vincent Otti
Vincent Otti

Vincent Otti was deputy-leader of the Lord's Resistance Army , a rebel guerrilla army operating mainly in northern Uganda and southern Sudan. He was one of the five persons for whom the International Criminal Court issued its first arrest warrants on 8 July 2005....
, and LRA commanders Raska Lukwiya
Raska Lukwiya

Raska Lukwiya was the third highest ranking leader of the Lord's Resistance Army rebel group founded in northern Uganda. Believed to be a native of Uganda's northern Gulu District, Lukwiya served successively as Brigade General, Deputy Army Commander and Army Commander of the LRA, the last being the highest LRA rank after those held by Jose...
, Okot Odiambo, and Dominic Ongwen
Dominic Ongwen

Dominic Ongwen is the Brigade Commander of the Sinia Brigade of the Lord's Resistance Army rebel group founded in northern Uganda. As the head of one of the four LRA brigades, Ongwen is a member of the "Control Altar" of the LRA that directs military strategy....
. Lukwiya was killed in battle on 12 August 2006, and Otti was killed in 2007, apparently by Kony. The LRA's leaders have repeatedly demanded immunity from ICC prosecution in return for an end to the insurgency. The government of Uganda says it is considering establishing a national criminal tribunal that meets international standards, thereby allowing the ICC warrants to be set aside.

Democratic Republic of the Congo

In March 2004, the government of the Democratic Republic of the Congo
Democratic Republic of the Congo

The Democratic Republic of the Congo , is a country in central Africa with a small length of Atlantic coastline. It is the third largest list of African countries in order of geographical area....
, a state party, referred to the Prosecutor “the situation of crimes within the jurisdiction of the Court allegedly committed anywhere in the territory of the DRC since the entry into force of the Rome Statute, on 1 July 2002.”

On 17 March 2006, Thomas Lubanga
Thomas Lubanga

Thomas Lubanga Dyilo is a former rebel leader from the Democratic Republic of the Congo . He founded and led the Union of Congolese Patriots and was a key player in the Ituri conflict....
, former leader of the Union of Congolese Patriots
Union of Congolese Patriots

The Union of Congolese Patriots is an armed group in Ituri, northeastern Democratic Republic of the Congo. It has carried out numerous attacks upon civilians and other serious human rights abuses in pursuit of its policies....
 militia in Ituri
Ituri Conflict

The Ituri conflict is a conflict between the agriculturalist Lendu and pastoralist Hema ethnic groups in the Ituri Province region of northeastern Democratic Republic of Congo ....
, became the first person to be arrested under a warrant issued by the Court, for allegedly “conscripting and enlisting children under the age of fifteen years and using them to participate actively in hostilities”. His trial was due to begin on 23 June 2008, but it was halted on 13 June when the Court ruled that the Prosecutor's refusal to disclose potentially exculpatory material
Brady material

Brady material consists of exculpatory or impeaching information that is material to the guilt or innocence or to the punishment of a defendant....
 had breached Lubanga's right to a fair trial
Right to a fair trial

The right to fair trial is seen as an essential right in all countries respecting the rule of law. A trial in these countries that is deemed unfair will typically be restarted, or its verdict wiktionary:quashed....
. The Prosecutor had obtained the evidence from the United Nations and other sources on condition of confidentiality, but the judges ruled that the Prosecutor had incorrectly applied the relevant provision of the Rome Statute and, as a consequence, "the trial process has been ruptured to such a degree that it is now impossible to piece together the constituent elements of a fair trial". The Court lifted this suspension on 18 November 2008, and Lubanga's trial began on 26 January 2009.

Two more suspects, Germain Katanga
Germain Katanga

Germain Katanga , also known as Simba, is a former leader of the Front for Patriotic Resistance of Ituri . On 17 October 2007, the Congolese authorities surrendered him to the International Criminal Court to stand trial on six counts of war crimes and three counts of crime against humanity....
 and Mathieu Ngudjolo Chui
Mathieu Ngudjolo Chui

Mathieu Ngudjolo Chui is a colonel in the Military of the Democratic Republic of the Congo and a former senior commander of the Nationalist and Integrationist Front and the Front for Patriotic Resistance of Ituri ....
, have also been surrendered to the Court by the Congolese authorities. Both men are charged with six counts of war crimes and three counts of crimes against humanity, relating to an attack on the village of Bogoro
Bogoro attack

On 24 February 2003, the village of Bogoro in the Democratic Republic of the Congo was attacked by the Nationalist and Integrationist Front and the Front for Patriotic Resistance of Ituri ....
 on 24 February 2003, in which at least 200 civilians were killed, survivors were imprisoned in a room filled with corpses, and women and girls were sexually enslaved. The charges against both men include murder
Murder

Murder as defined in common law countries, is the unlawful killing of another human being with intent , and generally this state of mind distinguishes murder from other forms of unlawful homicide....
, sexual slavery
Sexual slavery

Sexual slavery refers to the organized coercion of unwilling people into different sexual practices. Sexual slavery may include single-owner sexual slavery, ritual slavery sometimes associated with traditional religious practices, slavery for primarily non-sexual purposes where sex is common, or forced prostitution....
 and using children under the age of fifteen to participate actively in hostilities.

Central African Republic

In December 2004, the government of the Central African Republic
Central African Republic

The Central African Republic , is a landlocked country in Central Africa. It borders Chad in the north, Sudan in the east, the Republic of the Congo and the Democratic Republic of the Congo in the south, and Cameroon in the west....
, a state party, referred to the Prosecutor “the situation of crimes within the jurisdiction of the Court committed anywhere on the territory of the Central African Republic since 1 July 2002, the date of entry into force of the Rome Statute.” On 22 May 2007, the Prosecutor announced his decision to open an investigation, focusing on allegations of killing and rape in 2002 and 2003, a period of intense fighting between government and rebel forces.

On 23 May 2008, the Court issued an arrest warrant for Jean-Pierre Bemba
Jean-Pierre Bemba

Jean-Pierre Bemba Gombo is a politician in the Democratic Republic of the Congo. He was one of four Vice Presidents of the Democratic Republic of the Congo in the transitional government of the Democratic Republic of the Congo from 17 July 2003 to December 2006....
, a former Vice President of the Democratic Republic of the Congo
Vice Presidents of the Democratic Republic of the Congo

Following the end of the Second Congo War, and until December 6, 2006, transitional institutions were established, comprising of the former warring parties, as well as representatives of the non-belligerent opposition, and representatives of the civil society....
, charging him with war crime
War crime

War crimes are "violations of the laws or customs of war"; including but not limited to "murder, the ill-treatment or deportation of civilian residents of an occupied territory to slave labor camps", "the murder or ill-treatment of prisoner of war", the killing of hostages, "the wanton destruction of cities, towns and villages, and any devast...
s and crimes against humanity
Crime against humanity

Crimes against humanity, as defined by the Rome Statute of the International Criminal Court Explanatory Memorandum, "are particularly odious offences in that they constitute a serious attack on human dignity or grave humiliation or a degradation of one or more human beings....
, committed when he interfered in the the events in the Central African Republic in 2002 and 2003. He was arrested near Brussels
Brussels

Brussels , officially the Brussels Capital-Region, is the de facto capital city of the European Union and the largest urban area in Belgium....
 the following day. On 3 July, 2008 he was surrendered to the ICC.

Darfur, Sudan

On 31 March 2005, the United Nations Security Council passed Resolution 1593
United Nations Security Council Resolution 1593

United Nations Security Council Resolution 1593 was adopted by the United Nations United Nations Security Council on 31 March 2005, by a vote of eleven to none with four abstentions ....
, referring “the situation prevailing in Darfur since 1 July 2002” to the Prosecutor. In February 2007 the Prosecutor announced that two men — Sudanese humanitarian affairs minister Ahmad Muhammad Harun
Ahmed Haroun

Ahmed Mohammed Haroun is one of three Sudanese men wanted by the International Criminal Court for war crimes and crime against humanity in Darfur....
 and Janjaweed
Janjaweed

The Janjaweed is a blanket term used to describe mostly armed gunmen in Darfur, western Sudan, and now eastern Chad. Using the United Nations definition, the Janjaweed comprised nomadic Arabic-speaking African tribes , the core of whom are from the Abbala background with significant Lambo recruitment from the Baggara people....
 militia leader Ali Kushayb
Ali Kushayb

Ali Muhammad Ali Abd-Al-Rahman, commonly known as Ali Kushayb, is a former senior Janjaweed commander supporting the Sudanese government against Darfur rebel groups, and currently is sought under an arrest warrant by the International Criminal Court for war crimes suspect....
 — had been identified as key suspects, accused of war crimes and crimes against humanity. On 2 May 2007, the Court issued arrest warrants for the two men. However, Sudan
Sudan

Sudan is a country in northeastern Africa. It is the largest in the African continent and the Arab World, and List of countries and outlying territories by total area by area....
 says the Court has no jurisdiction over this matter, and refuses to hand over the suspects.

On 14 July 2008, the Prosecutor accused Sudanese President Omar al-Bashir
Omar al-Bashir

Omar Hassan Ahmad al-Bashir is the current List of Presidents of Sudan of Sudan and the head of the National Congress . He came to power in 1989 when, as a colonel in the Military of Sudan, he led a group of officers in a bloodless coup d'?tat that ousted the government of Prime Minister of Sudan Sadiq al-Mahdi....
 of genocide, crimes against humanity and war crimes. The Court issued an arrest warrant for al-Bashir on 4 March 2009 for war crimes and crimes against humanity, but ruled that there was insufficient evidence to prosecute him for genocide. Al-Bashir was the first sitting head of state
Head of State

Head of state is the generic term for the individual or collective office that serves as the chief public representative of a monarchic or republican nation-state, federation, commonwealth or any other political state....
 indicted by the ICC.

Other complaints

As of 4 October 2007, the Prosecutor had received 2889 communications
Complaints to the International Criminal Court

The International Criminal Court's founding treaty, the Rome Statute of the International Criminal Court, provides that individuals or organizations may submit information on crimes within the jurisdiction of the Court....
 about alleged crimes in at least 139 countries. After initial review, however, the vast majority of these communications were dismissed as “manifestly outside the jurisdiction of the Court”.

On 10 February 2006, the Prosecutor published a letter responding to complaints he had received concerning the 2003 invasion of Iraq
2003 invasion of Iraq

The 2003 invasion of Iraq, from March 20 to May 1, 2003, was spearheaded by the United States, backed by United Kingdom forces and smaller contingents from Australia, Spain, Poland and Denmark....
. He noted that "the International Criminal Court has a mandate to examine the conduct during the conflict, but not whether the decision to engage in armed conflict was legal", and that the Court's jurisdiction is limited to the actions of nationals of states parties. He concluded that there was a reasonable basis to believe that a limited number of war crimes had been committed in Iraq, but that the crimes allegedly committed by nationals of states parties did not appear to meet the required gravity threshold for an ICC investigation.

See also

  • Command responsibility
    Command responsibility

    Command responsibility, sometimes referred to as the Yamashita standard or the Medina standard, is the doctrine of hierarchical accountability in cases of war crimes....
  • List of War Crimes
    List of war crimes

    This article lists and summarizes war crimes committed since the Hague Conventions %281899 and 1907%29#Hague Convention of 1907. In addition, those incidents which have been judged in a court of justice to be crime against peace that have been committed since these crimes were first defined are also included....
  • Nuremberg Principles
    Nuremberg Principles

    The Nuremberg Principles were a set of guidelines for determining what constitutes a war crime. The document was created by necessity during the Nuremberg Trials of Nazism party members following World War II....


Further reading


  • Bruce Broomhall, International Justice and the International Criminal Court: Between Sovereignty and the Rule of Law. Oxford: Oxford University Press
    Oxford University Press

    Oxford University Press is a publisher and a department of the University of Oxford in England. It is the largest university press in the world, being larger than all the American university presses combined with Cambridge University Press....
     (2003). ISBN 019927424X.
  • Anne-Marie de Brouwer, Supranational Criminal Prosecution of Sexual Violence: The ICC and the Practice of the ICTY and the ICTR. Antwerp - Oxford: Intersentia (2005). ISBN 90-5095-533-9.
  • Antonio Cassese
    Antonio Cassese

    Antonio Cassese was the first President of the International Criminal Tribunal For the Former Yugoslavia , serving in this capacity from 1993 to 1997....
    , Paola Gaeta & John R.W.D. Jones (eds.), The Rome Statute of the International Criminal Court: A Commentary. Oxford: Oxford University Press
    Oxford University Press

    Oxford University Press is a publisher and a department of the University of Oxford in England. It is the largest university press in the world, being larger than all the American university presses combined with Cambridge University Press....
     (2002). ISBN 978-0-19-829862-5.
  • Hans Köchler
    Hans Köchler

    Hans K?chler is a Professor of Philosophy at the University of Innsbruck, Austria, and president of the International Progress Organization, a non-governmental organization in consultative status with the United Nations....
    , Global Justice or Global Revenge? International Criminal Justice at the Crossroads
    Global Justice or Global Revenge

    Global Justice or Global Revenge? International Criminal Justice at the Crossroads is a book by Austrian philosopher Hans K?chler, who was appointed by the United Nations as observer of the Pan Am Flight 103 bombing trial in the Netherlands ....
    . Vienna/New York: Springer, 2003, ISBN 3-211-00795-4.
  • Steven C. Roach (ed.) Governance, Order, and the International Criminal Court: Between Realpolitik and a Cosmopolitan Court. Oxford: Oxford University Press
    Oxford University Press

    Oxford University Press is a publisher and a department of the University of Oxford in England. It is the largest university press in the world, being larger than all the American university presses combined with Cambridge University Press....
     (2009). ISBN 9780199546732
  • Roy S Lee (ed.), The International Criminal Court: The Making of the Rome Statute. The Hague: Kluwer Law International
    Wolters Kluwer

    Wolters Kluwer N.V. is a leading global information services and publishing company. The company provides products and services for professionals in the health, tax, accounting, corporate, financial services, legal and regulatory sectors....
     (1999). ISBN 90-411-1212-X.
  • Roy S Lee & Hakan Friman (eds.), The International Criminal Court: Elements of Crimes and Rules of Procedure and Evidence. Ardsley, NY: Transnational Publishers (2001). ISBN 1-57105-209-7.
  • Madeline Morris (ed.), "", Law and Contemporary Problems, Winter 2001, vol. 64, no. 1. Retrieved 2007-07-24.
  • Benjamin N. Schiff. Building the International Criminal Court. Cambridge: Cambridge University Press(2008) ISBN 978-0-521-694472-8
  • Nicolaos Strapatsas, "Universal Jurisdiction and the International Criminal Court", Manitoba Law Journal, 2002, vol. 29, p. 2.
  • Lyal S. Sunga
    Lyal S. Sunga

    Professor Lyal S. Sunga, Senior Lecturer, Raoul Wallenberg Institute of Human Rights and Humanitarian Law, Lund, Sweden, is a specialist on international human rights law, international humanitarian law and international criminal law....
    , "The Crimes within the Jurisdiction of the International Criminal Court (Part II, Articles 5-10)", European Journal of Crime, Criminal Law and Criminal Justice vol. 6, no. 4, pp. 377-399 (April 1998).
  • Lyal S. Sunga
    Lyal S. Sunga

    Professor Lyal S. Sunga, Senior Lecturer, Raoul Wallenberg Institute of Human Rights and Humanitarian Law, Lund, Sweden, is a specialist on international human rights law, international humanitarian law and international criminal law....
    , "The Emerging System of International Criminal Law: Developments in Codification and Implementation" (Brill) (1997).


External links

Official websites


Non-governmental organisations
  • by Amnesty International
    Amnesty International

    Amnesty International is an international non-governmental organization which defines its mission as "to conduct research and generate action to prevent and end grave abuses of human rights and to demand justice for those whose rights have been violated." Founded in London, England in 1961, AI draws its attention to human rights abuses and...
     USA