Difference between revisions of "International Criminal Court"

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===Crimes===
 
===Crimes===
  
Article 5 of the Rome Statute grants the ICC jurisdiction over four categories of crimes which are described as the "most serious crimes of concern to the international community as a whole:" the crimes of genocide, crimes against humanity, war crimes, and the crime of aggression.  Definitions of each of these crimes are detailed in the Rome Statute, with the exception of aggression; it was stated that the court will not exercise jurisdiction over crimes of aggression until state parties agree on a definition of the crime and the conditions under which it may be prosecuted. In June, 2010, the definition of "crimes of aggression," and the ICC's jurisdiction over them was expanded at the ICC's first review conference in Kampala, Uganda. The ICC, however, will not be permitted to prosecute for crimes of aggression until 2017 at the earliest.  
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Article 5 of the Rome Statute grants the ICC jurisdiction over four categories of crimes which are described as the "most serious crimes of concern to the international community as a whole"-- the crimes of genocide, crimes against humanity, war crimes, and the crime of aggression.  Definitions of each of these crimes are detailed in the Rome Statute, with the exception of aggression; it was stated that the court will not exercise jurisdiction over crimes of aggression until state parties agree on a definition of the crime and the conditions under which it may be prosecuted. In June 2010, the definition of "crimes of aggression," and the ICC's jurisdiction over them was expanded at the ICC's first review conference in Kampala, Uganda. The ICC, however, will not be permitted to prosecute for crimes of aggression until 2017 at the earliest.  
  
 
The ICC has jurisdiction over individuals accused of any of the aforementioned crimes. This includes persons directly responsible for committing the crimes, as well as others who may be involved in the crime through aiding, abetting, or otherwise assisting in the commission of the crime. This group also includes military commanders and other superiors whose responsibility is defined in the Rome Statute <ref> http://www.icc-cpi.int/Menus/ICC/About+the+Court/ICC+at+a+glance/Jurisdiction+and+Admissibility.htm </ref>.  
 
The ICC has jurisdiction over individuals accused of any of the aforementioned crimes. This includes persons directly responsible for committing the crimes, as well as others who may be involved in the crime through aiding, abetting, or otherwise assisting in the commission of the crime. This group also includes military commanders and other superiors whose responsibility is defined in the Rome Statute <ref> http://www.icc-cpi.int/Menus/ICC/About+the+Court/ICC+at+a+glance/Jurisdiction+and+Admissibility.htm </ref>.  
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===Temporal Jurisdiction===
 
===Temporal Jurisdiction===
  
The Court's jurisdiction is also limited in regards to the time frame of the crimes committed, as it does not have retroactive jurisdiction over crimes committed before the Rome Statute went into affect on July 1, 2002. Further, if a State joins the ICC after July 1, 2002, the ICC only has jurisdiction after the statute entered into force in that State.  Such a State may, however, agree to accept the jurisdiction of the Court for the period before the Statute's entry into force in its country, though not before July 1, 2002.  
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The Court's jurisdiction is also limited in regards to the time frame of the crimes committed, as it does not have retroactive jurisdiction over crimes committed before the Rome Statute went into effect on July 1, 2002. Furthermore, if a State joins the ICC after July 1, 2002, the ICC only has jurisdiction after the statute entered into force in that State.  Such a State may, however, agree to accept the jurisdiction of the Court for the period before the Statute's entry into force in its country, though not before July 1, 2002.  
  
 
===Complementarily ===
 
===Complementarily ===
  
The ICC was created as a court of last resort, and, as such, the Court will not necessarily act on a case even when it has jurisdiction. The principle of "complementarity," as described in the Rome Statute provides that certain cases will be inadmissible to the Court. Article 17 of the Statute describes that a case is inadmissible if:  
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The ICC was created as a court of last resort, and as such, the Court will not necessarily act on a case even when it has jurisdiction. The principle of "complementarity," as described in the Rome Statute, provides that certain cases will be inadmissible to the Court. Article 17 of the Statute describes that a case is inadmissible if:  
  
" * (a) The case is being investigated or prosecuted by a State which has jurisdiction over it, unless the State is unwilling or unable genuinely to carry out the investigation or prosecution;
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* (a) The case is being investigated or prosecuted by a State which has jurisdiction over it, unless the State is unwilling or unable genuinely to carry out the investigation or prosecution;
 
* (b) The case has been investigated by a State which has jurisdiction over it and the State has decided not to prosecute the person concerned, unless the decision resulted from the unwillingness or inability of the State genuinely to prosecute;
 
* (b) The case has been investigated by a State which has jurisdiction over it and the State has decided not to prosecute the person concerned, unless the decision resulted from the unwillingness or inability of the State genuinely to prosecute;
 
* (c) The person concerned has already been tried for conduct which is the subject of the complaint, and a trial by the Court is not permitted under article 20, paragraph 3;
 
* (c) The person concerned has already been tried for conduct which is the subject of the complaint, and a trial by the Court is not permitted under article 20, paragraph 3;
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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:
 
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:
" * (a) Were for the purpose of shielding the person concerned from criminal responsibility for crimes within the jurisdiction of the Court; or
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* (a) Were for the purpose of shielding the person concerned from criminal responsibility for crimes within the jurisdiction of the Court; or
 
* (b) Otherwise were not conducted independently or impartially in accordance with the norms of due process recognized by international law and were conducted in a manner which, in the circumstances, was inconsistent with an intent to bring the person concerned to justice."
 
* (b) Otherwise were not conducted independently or impartially in accordance with the norms of due process recognized by international law and were conducted in a manner which, in the circumstances, was inconsistent with an intent to bring the person concerned to justice."
  

Revision as of 10:54, 2 August 2010