International Criminal Court

The New Yoke Times recently reported that the Pentagon — United States Ministry Of Defence — is blocking any evidence-sharing with the International Criminal Court (ICC) to punish Russia for the alleged atrocities in Ukraine.

About the ‘International Criminal Court’ –

• It is the only permanent international criminal tribunal.
• Background — It was created by the 1998 Rome Statute of the International Criminal Court (its founding and governing document), and began functioning on 1 July 2002 when the Statute came into force.
• Mandate — It investigates and, where warranted, tries individuals charged with the gravest crimes of concern to the international community: genocide, war crimes, crimes against humanity, and the crime of aggression.
• HQ — Hague, Netherlands.
• Members — 123 nations are States Parties to the Rome Statute and recognise the ICC’s authority; the notable exceptions being the US, China, Russia, and India.
• Funding — The Court is funded by contributions from the States Parties and by voluntary contributions from Governments, international organisations, individuals, corporations, and other entities.
• Composition —
  • • Judges: The court has eighteen judges, each from a different member country, elected to nonrenewable nine-year terms.
    • The Presidency: Consists of three judges (the President and two Vice-Presidents) elected from among the judges. It represents the Court to the outside world and helps with the organization of the work of the judges.
    • Judicial Divisions: 18 judges in 3 divisions, the Pre-Trial Division, the Trial Division, and the Appeals Division.
    • Office of the Prosecutor (OTP): OTP is responsible for receiving referrals and any substantiated information on crimes within the jurisdiction of the Court. OTP examines these referrals and information, conducts investigations, and conducts prosecutions before the Court.
    • Registry: The core function of the Registry is to provide administrative and operational support to the Chambers and the Office of the Prosecutor.
• Jurisdiction of ICC —
  • • Unlike the International Court of Justice, which hears disputes between states, the ICC handles prosecutions of individuals.
    • The ICC is only competent to hear a case if —
      • • the country where the offence was committed is a party to the Rome Statute; or
        • the perpetrator’s country of origin is a party to the Rome Statute.
    • The ICC may only exercise its jurisdiction if the national court is unable or unwilling to do so.
    • The ICC only has jurisdiction over offences committed after the Statute’s entry into force on 1 July 2002.
• Relation with UN —
  • • While not a United Nations organisation, the Court has a cooperation agreement with the United Nations.
    • When a situation is not within the Court’s jurisdiction, the United Nations Security Council can refer the situation to the ICC, granting it jurisdiction.