International Criminal Court

INTERNATIONAL CRIMINAL COURT

International Criminal Court is a permanent, treaty based, court designed to prosecute individuals for genocide, crimes against humanity and war crimes. The fourth crime which may fall under jurisdiction of the Court is the crime of aggression, once its definition has been adopted. International Criminal Court (ICC) established and governed by the Rome Statute entered into force on 1 July 2002 when 120 States adopted the statute, the legal basis for the establishing the permanent International Criminal Court.

The purpose of the court is to help end impunity for the perpetrators of the most serious crimes of concern to the international community. To date, 114 countries have become the parties to the Rome Statute.

The ICC receives case referred by the state party, or by the UN Security Council, or in case of a proprio motu investigation, initiated by the Prosecutor. The Court can intervene in the state affairs and prosecute individuals when it is believed that the perpetrators of above mentioned crimes are going unpunished. Unlike ad hoc tribunals, it is a permanent and independent body, not the part of the United Nation.

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Situations in the Court

1. Democratic Republic Of Congo (DRC)was referred on 19 April 2004

2. Central African Republic (CAR)referred on 7 January  and investigation started on 22 May 2007

3. Uganda referred in 29 January 2004 and decision to start investigation was made on 29 July 2004.

4. Darfur, Sudan was referred by the United Nation  Security Council in 29 March 2005 and decision to open investigation was made in 06 June 2005. In this situation, the Court has indicted sitting Sudan president, Omar Ahmed Al Bashir and other his colleague.

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RELATIONSHIP AGREEMENT BETWEEN THE ICC AND THE UNITED NATIONS (By http://www.iccnow.com)

What is the Relationship Agreement?

The Relationship Agreement between the International Criminal Court (ICC) and the United Nations (UN) regulates the working relationship between these two organizations, and establishes the legal foundation for cooperation within their respective mandates. The ICC is an independent international institution with a mandate – in support of the UN Charter – to address crimes that threaten international peace and security. The Relationship Agreement therefore reflects a delicate balance between independence and cooperation, respecting the autonomy and confidentiality of both institutions.

 

What Does the Relationship Agreement Address?

Under the Relationship Agreement, the ICC and the UN recognize each other’s mandates and status, and agree to cooperate and consult with each other on matters of mutual interest. The Relationship Agreement covers following two key categories of procedures.

First, it addresses procedures that are relatively standard and include the exchange of representatives, the exchange of information and documentation, administrative cooperation, the provision of conference services and facilities and the use of the UN laissez passer as a valid travel document by some ICC officials.

Second, the Relationship Agreement covers procedures unique to the Court as an independent judicial institution focusing on international criminal law. These reflect the special nature of the cooperation that will take place between elements of the UN system and the ICC. In particular, the Relationship Agreement provides information on the manner in which Security Council referrals and requests for deferral are transmitted to the Court and the manner in which the ICC may inform the Security Council of a failure to cooperate with its requests. It also provides a framework for cooperation between the UN and the ICC Prosecutor and the necessary agreements to facilitate such cooperation. In addition, it also addresses issues of privileges and immunities and protection of confidentiality. The Relationship Agreement will only cover certain aspects of the overall relationship between the ICC and the UN. Other aspects of that relationship, such as the role of the Security Council vis-à-vis the ICC, are explicitly dealt with in other articles of the Rome Statute.

 

When Did the Relationship Agreement Enter Into Force?

The Relationship Agreement entered into force on 4 October 2004, following its signing by ICC President Judge Philippe Kirsch and the UN Secretary-General Kofi Annan. The draft Relationship Agreement was adopted by the Assembly of States Parties to the Rome Statute of the ICC during its first session in September 2002. The draft served as a basis for negotiations between the UN Secretariat and the ICC, after the General Assembly had adopted a resolution on the ICC in December 2003 inviting the UN Secretary-General to “take steps to conclude a relationship agreement between the United Nations and the International Criminal Court and to present the negotiated draft agreement to the General Assembly for approval.”2 The UN and the ICC agreed upon and initialed a final draft of the Relationship Agreement on 7 June 2004. The Agreement was then approved by the ICC Assembly of States Parties in The Hague, The Netherlands on 7 September 2004 and by the UN General Assembly at the close of its 58th session, on 13 September 2004.

 

Why is the Relationship Agreement so Important?

The global presence and infrastructure of the UN make it potentially the most important partner of the ICC on various levels. Even the administrative issues covered by the Relationship Agreement have implications for the substance of the work of the ICC. One of the most important aspects of the Agreement is the cooperation between the UN and its programs, funds and offices, and the ICC. In particular, representatives of agencies, ranging from the UN High Commissioner for Refugees and the High Commissioner for Human Rights to the UN International Children’s Fund and the UN Development Program, conduct extensive field operations, which may lead them to possess information which would make them valuable as experts or witnesses at the ICC. The same holds true for representatives of peacekeeping operations, as well as the peacekeepers themselves. The Relationship Agreement establishes some principles governing these interactions.

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Statement by ICC Prosecutor Luis Moreno-Ocampo on the situation in Côte d’Ivoire: ICC-Press Release- 21.12.2010

 

“First, let me be clear: I have not yet opened an investigation. But, if serious crimes under my jurisdiction are committed, I will do so. For instance, if as a consequence of Mr. Charles Blé Goudé’s speeches, there is massive violence, he could be prosecuted.

Secondly, if UN peacekeepers or UN forces are attacked, this could be prosecuted as a different crime.

I think African states play a critical role in this, to find a solution to the problem. But if no solution can be found and crimes are committed, African states could be willing to refer the case to my Office and also provide forces to arrest those individuals who commit the crimes in Côte d’Ivoire.

Therefore, violence is not an option. Those leaders who are planning violence will end up in the Hague”.

 

 

INTERNATIONAL CRIMINAL COURT

International Criminal Court is a permanent, treaty based, court designed to prosecute individuals for genocide, crimes against humanity and war crimes. The fourth crime which may fall under jurisdiction of the Court is the crime of aggression, once its definition has been adopted.¹ The International Criminal Court (ICC) established and governed by the Rome Statute entered into force on 1 July 2002 when 120 States adopted the statute, the legal basis for the establishing the permanent International Criminal Court.

The purpose of the court is to help end impunity for the perpetrators of the most serious crimes of concern to the international community. To date, 114 countries have become the parties to the Rome Statute.²

 

The ICC receives case referred by the state party, or by the UN Security Council, or in case of a proprio motu investigation, initiated by the Prosecutor. The Court can intervene in the state affairs and prosecute individuals when it is believed that the perpetrators of above mentioned crimes are going unpunished. Unlike ad hoc tribunals³ it is a permanent and independent body, not the part of the United Nation.⁴

1Article 6, 7, 8 of the Rome Statute to the International Criminal Court

2Assembly of State Parties, the International Criminal Court. Information available at: http://www.icc-cpi.int/Menus/ASP/states+parties/

3 International Criminal Tribunal For Yugoslavia (ICTY), International Criminal Tribunal for Rwanda (ICTR)

4 Preamble of the Rome Stature