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International Criminal Court

Kumari Sonali

International Criminal Court:

The International Criminal Court recently unsealed an arrest warrant against Senator Ronald Dela Rosa, accusing him, along with ex-President Rodrigo Duterte and other “co-perpetrators” of the “crime against humanity of murder”.

  • It is a permanent and independent criminal court established to prosecute offenders of serious crimes in the international community.
  • It is the only permanent international criminal tribunal.
  • It was created by the Rome Statute, which came into force in 2002.
  • ICC investigates and, where warranted, tries individuals charged with the gravest crimes of concern to the international community.
  • Specifically, the ICC is intended to prosecute the following crimes:
    • Genocide
    • Crimes against humanity
    • War crimes
    • The crime of aggression
  • The ICC is meant to serve as a last resort when the courts of sovereign states are unwilling to prosecute.
  • Therefore, the ICC is complementary to national criminal jurisdiction and does not supersede it.
  • Additionally, the ICC serves a different purpose than the International Court of Justice, which resolves conflicts between nations.
  • Members: There are 125 member countries (China, India, Israel, Russia, and the United States are not ICC parties).
  • Funding: The Court is funded by contributions from the States Parties and by voluntary contributions from Governments, international organizations, individuals, corporations, and other entities.
  • The court has eighteen judges, each from a different member country, elected to non-renewable 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.
  • 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: It provides administrative and operational support to the Chambers and the Office of the Prosecutor.
    Jurisdiction:
  • 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 only has jurisdiction over offences committed after the Statute’s entry into force on 1 July 2002.