The ICC- International Criminal Court Who are they? What do they do? Where’s the U.S. in the ICC?

What is the ICC? The ICC is the International Criminal Court established from the treaty of the Rome Statue signed in The Rome Statue is a treaty that was signed by 60 parties (states) in which caused the ICC to be established. Today, 104 states world-wide are part of the ICC.

United Nations Court? The ICC is not a part of the UN, although many of the same states are members. ICC is based out of the Netherlands, but has been or could easily based elsewhere. The ICC does work closely with the UN, but is not directly connected to the UN because there are states that are part of the UN and not the ICC.

What is the court of the ICC made up of? The ICC is made up of four different organs: 1)Presidency 2)Judicial Divisions 3)Office of the Prosecutor 4)Registry

The Presidency itself… This organ is responsible for administering the court with the exception of the Office of the Prosecutor and Registry. There are three judges elected to the ICC Presidency currently for a three year term. These three positions consist of: President of the Court, First Vice-President, and Second Vice President.

Who is your President, and what does he do? Judge Philippe Kirsch of Canada was elected in March of 2006, for a three year term as President. This “Presidency” is slightly like our “Presidency” is put together. They are the courts administrators for Court kind of like the U.S. President oversees our government.

And in the line-up as number two and three….. The two Vice-Presidents are placed first vice-president and second vice president going by: First Vice- President: Judge Akua Kuenyeahia of Ghana. Second Vice-President: Judge Renè Blattmann of Bolivia. Both also given a term of three years.

And his chambers… The chambers of the ICC consists of 14 judges besides the three judges of the Presidency. Each of these judges either have experience and competence in criminal law or international law. This chamber is split into groups equaling 10 criminal law judges and 7 international law judges currently.

And where in the world do they come from? These Judges come from various areas such as: Canada, Ghana, Bolivia, Trinidad and Tobago, France, Cyprus, Costa Rica, South Africa, Republic of Korea, Italy, Ireland, Finland, Mali, Latvia, the UK, Brazil and Bulgaria. It is noticed that the judges are very sporadic in location and don’t necessarily come from one continent or region.

And…. They do what in Pre-Trials? With Pre-trial Chambers- either one single judge or a three judge bench are assigned. This bench or single judge decides whether or not to authorize an investigation. Judges assigned to the Pre-Trial Chambers are as follows: Kuenyhia (Ghana), Jorda (France), Kual (Germany), Politi (Italy), Diarra (Mali), Steiner (Brazil), and Trendafilova (Bulgaria). Judges assigned to the Pre-Trial Chambers are as follows: Kuenyhia (Ghana), Jorda (France), Kual (Germany), Politi (Italy), Diarra (Mali), Steiner (Brazil), and Trendafilova (Bulgaria).

Goin’ to Trial…. The next of the Chambers of the ICC is the Trial Division. The Trial Division’s job is to oversee the trial itself and determine the defendant’s innocence or guilt. Following the outcome, the Trial Division has the duty to sentence the guilty in imprisonment or monetary payment.

Who decides destiny? The Judges which are included in the Trial Division are: Blattmann (Bolivia), Hudson-Phillips (Trinadad and Tobago), Odio-Benito (Costa Rica), Harding Clark (Ireland), Uśacka (Latvia) and Fulford (the UK). Trial Division are also only made up of three judges at a time making up the Trial Chamber.

You appeal what? The last division is the Appeals Division. This consists of primarily of judges that are experienced and competent in international law. The Appeals Division main duty is decide whether or not a procedural error, error of the law, error in fact or any other problems that would cause an unfair trial have been made and if it is means to reverse the judgment or redo the whole trial again.

I find you quite appealing… The Judges which are included in the Appeals Court are: Kircsh (Canada), Pikis (Cyprus), Pillay (South Africa), Song (Republic of Korea), and Kourula (Finland). All five judges are to take part in each appeals case they receive.

To make it work… Like all of us know, we need some prosecution to work in the power of the ICC, therefore there is a division of Prosecutors. These Prosecutors work to help the ICC’s case be argued through out the trial period.

Who’s prosecuting? The head Prosecutor is Mr. Luis Moreno-Ocampo of Argentina as first Chief Prosecutor of the Court. His job is to be the representative in court. He is helped out by two Deputy Prosecutors, Mr. Serge Brammertz of Belgium as Deputy Prosecutor of the Court. Mr. Brammertz is in charge of the Investigations Division of the Office of the Prosecutor, along with Mrs. Fatou Bensouda of the Gambia who was elected Deputy Prosecutor by the Assembly of States Parties. She is in charge of the Prosecution Division of the Office of the Prosecutor.

How do they do what they do? The chief prosecutor starts an investigation once a referral comes through about a possible crime committed. These referrals may come from the Security Council of the UN. Before the investigation is put into action, it goes to the Pre-Trial Chamber Judges to authorize the investigation.

Where do referrals come from? Referrals can come from one of four places: 1) A state party referral 2) A country part of the ICC 3) The UN Security Council 4) ICC Prosecutor

Registry The Registry is responsible for the non-judicial aspects of the administration and servicing of the Court and is headed by the Registrar who is the principal administrative officer of the Court, elected by secret ballot by an absolute majority of judges meeting in plenary session. Registry is responsible for the administration of legal aid matters, court management, victims and witnesses matters, defense counsel, detention unit, and the traditional services provided by administrations in international organizations, such as finance, translation, building management, procurement and personnel. The current Registrar is Mr. Bruno Cathala (France) since June of 2003

Now we know who, but what do they do?? Now we know who does all the work for the ICC and what each job is doing, what is the ICC concerned about? The ICC is a court that tries serious crimes which include, war crimes, genocide, crimes against humanity, and crimes against international concern. There is a 98 page document that gives the procedural steps and actions that the ICC must take to consider each time a crime committed. It also includes what each job duty includes.

Cases that the ICC deals with Like the Security Council of the UN, the ICC deals with the same problems and issues. As of November of 2006, 1700 possible crimes have been reported to the Prosecutor of the ICC, from close to 139 different countries. Unfortunately, 80% of the reports are outside the ICC’s jurisdiction.

Cases Being Dealt With…. There are currently only three cases pending on the ICC’s case load but one is being considered at this time. (Central African Republic) These cases are not working at a quick pace and have been open, some from before December of As it can be seen, the ICC cannot quickly move through these cases and move to the next.

Case of Uganda Uganda’s official government referred the “Lord’s Resistance Army” (LRA) of Northern Uganda to the ICC. The “Lord’s Resistance Army is a Christian terrorist group in Northern Uganda that is in rebellion against the official government of Uganda. The issues of concern for the LRA consist of human rights violations, mutilation, torture, rape, the abduction of civilians, and the use of child soldiers and massacres.

LRA --- December of 2003, the referral to the ICC from President Yoweri Museveni to bring the LRA to the attention of the ICC. Pre-trial Chambers decide to let Prosecutors start investigation on LRA. LRA causing night commutes for children ages 3-17, walking up to 12 miles a night to larger towns in search of safety. Because of the large amount of children in search of safety, they come in such large quantities that they are forced to sleep in extremely overcrowded areas.

Latest Developments Warrants for arrest of five LRA members announced on July 8 th and September 27 th of 2005.

Warrants against.. Joseph Kony- Leader of the LRA The warrant of arrest for Joseph Kony lists thirty-three counts on the basis of his individual criminal responsibility including: Twelve counts of crimes against humanity (murder, enslavement, sexual enslavement, rape, inhumane acts of inflicting serious bodily injury and suffering,) and; one counts of war crimes (murder, cruel treatment of civilians, intentionally directing an attack against a civilian population, pillaging; inducing rape, forced enlisting of children.) one counts of war crimes (murder, cruel treatment of civilians, intentionally directing an attack against a civilian population, pillaging; inducing rape, forced enlisting of children.)

4 others There are also 4 other persons with warrants out for their arrest due to similar charges to Kony. Arrests have yet to be made.

Cases against Republic of the Congo The Case against the Republic of the Congo is not again the country itself, but Thomas Lubanga of the country. Lubanga was the former leader of the Union of Congolese Patriots. A sealed (private) warrant for his arrest was declared in February of Reason for warrant; war crime of using children soldiers. Lubanga was arrested that same day and brought to ICC “headquarters”. It is to be believed that Lubanga will be the first to be tried in the ICC courtroom.

Case against Darfur Investigation has taken place in Darfur but no real solutions or action has taken place from the ICC. ICC Prosecutor is nearly finished with the investigation of Darfur, originally referred because of attacks of governmental buildings along with an overall account of “genocide” in the country of Darfur. ICC Prosecutor found that the evidence in this emerging first case, points to specific individuals who appear to bear the greatest responsibility for war crimes and crimes against humanity including persecution, torture, murder, and rape. This investigation will be finished soon, following some type of action done by the ICC.

Case against Central African Republic On April 13, 2006 the Court of Cassation of the Central African Republic investigating charges or murder and rape committed by former President Ange-Felix Patasse and Congolese Vice-President Jean-Pierre Bemba. The allegations against Bemba from when his Movements for the Liberation of Congo rebel army was invited by Patasse to fight rebels who were fighting against Patasse. The allegations against Bemba from when his Movements for the Liberation of Congo rebel army was invited by Patasse to fight rebels who were fighting against Patasse. Also, given were the cases of a French policeman and two aides of Patasse who were all involved in the alleged crimes, which human rights groups allege had about 400 victims. Again, no action has been made in this case legally.

The U.S. and the ICC. As of today, the US is not a party in the ICC. Although, the US is a part of the UN, this does not make them have to be part of the ICC. The public polls showed in 2005 that 69% of American citizens supported the U.S. involvement in the ICC.

Why not the ICC and US? The US passed a Protection Act, called the American Servicemembers’ Protection Act, which included provisions against providing military aid to those countries which had ratified the treaty of establishing the court (ICC included) This also included a a number of Bilateral Immunity Agreements (BIAs, also known as "Article 98 Agreements") with a number of countries, prohibiting the surrender to the ICC of a broad scope of persons including current or former government officials, military personnel, and U.S. employees (including non-national contractors) and nationals. As of 2 August 2006, the US Department of State reported that it had signed 101 of these agreements.[61] The United States has cut aid to many countries which have refused to sign BIAs [61]

Rumors? There also has been a rumor of possible “genocide” arguments against Secretary of Defense Donald Rumsfeld, do to the Iraq situation and if part of the ICC, he could be charged. This is not proven nor stated in any documents but has been brought up.

ICC in all This shows the positives of the ICC and what they are doing for our world. They are investigating and pursuing public and international issues to try to make our world a better place. Though the ICC is not supported in many countries, the United States included, it does not mean that it is not needed for our world to run.