The International Criminal Court (ICC), established by the Rome Statute, has jurisdiction over four core international crimes that represent the most serious offenses threatening peace, security, and the well-being of humanity. These crimes are defined as follows:
Genocide:
This involves acts committed with the specific intent to destroy, in whole or in part, a national, ethnic, racial, or religious group. It includes killing members of the group, causing serious bodily or mental harm, or deliberately inflicting conditions calculated to bring about the group’s destruction.
Crimes Against Humanity:
These are widespread or systematic attacks directed against civilians, carried out as part of a state or organizational policy. It includes murder, enslavement, torture, forced displacement, persecution, and sexual violence.
War Crimes:
These are serious violations of international humanitarian law during armed conflicts, targeting those who are not actively participating in hostilities (e.g., civilians, prisoners of war). It includes willful killing, targeting civilian populations, recruiting child soldiers, and
attacking protected sites such as hospitals or religious buildings.
The Crime of Aggression:
This involves the use of armed force by a state against another state's sovereignty, territorial integrity, or political independence, in violation of the UN Charter. It includes invasion, military occupation, or annexation by force. These crimes underline the ICC’s mission to hold individuals accountable for actions that transcend borders and profoundly impact humanity as a whole.
It functions in 3 organs:
1. Assembly of state parties – Currently 124 states are the parties to it and each state party have a representation.
2. International Criminal Court itself
Presidency
The Court (Judicial activism)
Office of the Prosecutor
Registry (Non-Judicial)
3. Trust fund for victims
1. Presidency- The presidency of the International Criminal Court is critical to the operation of the Court. It is responsible for allocating judges to cases and ensuring that their competence matches the needs of the case. Furthermore, the presidency supervises and maintains internal ties among member nations to ensure effective cooperation and communication.
Individual countries are responsible for enforcing their sentences. The presidency carefully considers whether a specific matter is already being addressed by the nation’s judicial system. If the matter falls under the jurisdiction of a national court, the ICC does not assert its power, in accordance with the complementarity principle.
2. Judicial Division has 3 chambers:
Pre-trial – Comprises of 3 judges and it plays a critical role in the initial stages of the judicial process. Charges are confirmed at this stage.
Trial – Consists of 3 Judges who preside over the actual trial proceedings. The 3 main parties include the prosecutor, defence and victim lawyer.
Appeals – Comprised of five judges, this chamber deals with appeals against decisions made by the Pre-Trial or Trial Chambers. It reviews matters such as procedural errors, legal interpretations, or questions of fact that may have influenced the trial’s outcome.
3. Office of the Prosecutor: It looks into the preliminary examination and take care of investigation, victim investigation process and Prosecution. Producing evidence reports and evidences to judges.
4. Registry: The Registry is the ICC’s non-judicial arm, which provides administrative and operational assistance to the court’s operations.
Key roles include:
1.Judicial Support: Oversees courtroom procedures and case files.
2. Victim and Witness Protection: The Victims and Witnesses Unit ensures the victim’s protection, well-being, and support.
3. Outreach: Raises public awareness and engages affected populations.
4. Legal Aid: Offers assistance to defence teams and victim’s; legal counsel.
5. Victim Participation: Assists victims in dealing with ICC processes and restitution.
6. Language Services: Offers interpretation and translation.
7. Detention Management: Ensures that inmates adhere to international standards.
8. Administration: Manages logistics such as budgeting, human resources, and information technology.
The Registry ensures that the International Criminal Court functions effectively and fairly,
with a focus on victim and witness support.
Trust fund for Victims:
The Trust Fund for Victims (TFV) guarantees that reparations ordered by the ICC are implemented efficiently. It is funded by State Parties and other contributions and provides financial, physical, psychological, or material assistance to victims of crimes following a conviction. Compensation, rehabilitation, and other forms of restorative justice may be considered as reparations. If victims require immediate aid for physical, psychological, or medical reasons, the TFV offers assistance even before reparations are ordered. It ensures that restitution is significant, particularly when the condemned party is unable to pay, by imposing fines, forfeitures, or additional cash. The TFV’s role is critical in bringing justice and assisting victims recovery.
CONCLUSION:
The International Criminal Court (ICC), founded under the Rome Statute, ensures global justice by prosecuting genocide, crimes against humanity, war crimes, and aggression. The ICC, via its judicial and non-judicial institutions, provides fair trials, victim
participation, and restitution while addressing grave crimes that endanger peace and humanity. Its structure and methods strengthen accountability, deterrent, and assistance for affected individuals, promoting global justice.
This article is authored by Nureen Fathima, who was among the Top 40 performer in the Contract Drafting Quiz Competition organized by Lets Learn Law.