Law THE INTERNATIONAL CRIMINAL COURT What it is and how it works

Law What it is It’s an IO established by States on 17 July 1998 It was established by treaty (the ‘ICC Statute’), which came into force on 1 July 2002 Its seat is at The Hague

Law What it is: special features It’s a permanent institution It aspires to universality –1–110 States have become parties to the Statute (30 from Africa, 14 from Asia, 17 from Eastern Europe, 24 from Latin America and Caribbean States, and 25 from European and other States) It’s complementary to national jurisdictions Victims have the right to participate in the proceedings and to seek reparations

How it works Jurisdiction Subject-matter –Genocide –Crimes against humanity –War crimes –Aggression Personal –Natural persons above 18 Temporal –Crimes committed after 1/7/2002 Preconditions to the exercise of jurisdiction The crime has to be committed on the territory of a State party or otherwise accepting the ICC jurisdiction The accused is a national of a State party or otherwise accepting the ICC jurisdiction

Law How it works: Trigger mechanisms Jurisdiction Referral of a situation by a State party Proprio motu investigation by the Prosecutor Referral of a situation by the UN SC

Law How it works: admissibility of a case Causes of inadmissibility –The case is being investigated or prosecuted –The case has been investigated and not prosecuted in ‘good faith’ –The person concerned has already been tried for the same conduct –The case is not of sufficient gravity to justify further action

Law How it works: Organs The Presidency The Judicial Divisions (Pre-Trial; Trial; Appeals) The Office of the Prosecutor The Registry

Law The procedural stages Preliminary examination by the OTP Request for authorization for an investigation Pre-Trial Ch. authorizes commencement of an investigation Pre-trial proceedings Trial Judgment & sentence Appeal Enforcement

Law Current developments ICC DRC (self-referral) 3 cases, 4 suspects, 1 at large Uganda (self-referral) 1 case, 4 suspects at large Sudan (referral by SC) 1 case, 2 suspects at large CAR (self-referral) 1 case, 1 suspect Kenya (proprio motu Investigation) Authorization to investigate is pending