Established in 2002 and headquartered in The Hague, Netherlands, the International Criminal Court (ICC) stands as a beacon of international justice. It’s a court with a critical mission: to prosecute individuals for the most heinous crimes against humanity. Recently, the ICC has been in the headlines following the request for arrest warrants for Israeli Prime Minister Benjamin Netanyahu and others, highlighting its crucial role on the global stage. But What Is The Icc really?
This article delves into the core functions and significance of the ICC, explaining its purpose, its impact, and its place within the framework of international law. Here are five key facts to help you understand what the ICC is and how it contributes to a more just world.
1. Trying the Gravest Crimes: Defining the ICC’s Jurisdiction
The ICC was founded in response to the global outcry against atrocities that “deeply shock the conscience of humanity.” It is the first permanent, treaty-based international criminal court in the world with the mandate to investigate and prosecute individuals accused of committing genocide, war crimes, crimes against humanity, and the crime of aggression. These are not just ordinary crimes; they represent the most serious violations of international law, often committed on a massive scale or as part of a systematic attack against a civilian population.
The ICC’s jurisdiction is carefully defined. It steps in when national courts are unwilling or genuinely unable to prosecute these crimes. This principle of “complementarity” is fundamental to the ICC’s operation, emphasizing that states have the primary responsibility to ensure accountability for crimes within their borders. The ICC acts as a court of last resort, intervening only when national systems fail to deliver justice.
Over the years, the ICC has tackled some of the most brutal conflicts in recent history. It has successfully prosecuted individuals for war crimes committed in regions like the former Yugoslavia, including the Srebrenica massacre. Its cases have illuminated horrific crimes, such as the use of child soldiers, the intentional destruction of cultural heritage, widespread sexual violence, and attacks targeting innocent civilians. Through its judgments, the ICC is developing a body of international criminal law, setting precedents and clarifying the definitions of these grave offenses.
Currently, the ICC is actively investigating conflicts across the globe, including situations in Darfur, the Democratic Republic of Congo (DRC), Georgia, Ukraine, and Palestine. The court’s docket is filled with 31 ongoing cases, and its list of individuals under warrant includes figures like Russian President Vladimir Putin and individuals from Libya.
A young child suffering from severe malnutrition and dehydration is being cared for at a field hospital in southern Gaza, highlighting the humanitarian crises that can fall under the ICC’s jurisdiction when they are linked to alleged war crimes.
It’s important to note that the ICC faces significant challenges. It lacks its own police force to enforce arrest warrants and relies heavily on the cooperation of its member states to execute its orders. Historically, a disproportionate number of individuals indicted by the ICC have been from African countries, raising concerns about potential biases and the court’s focus.
2. Involving Victims: Giving Voice to the Affected
A unique and crucial aspect of what the ICC is lies in its commitment to victims. The ICC is not solely focused on prosecuting perpetrators; it also ensures that the voices of those who have suffered are heard and acknowledged within the judicial process. Victims, in the ICC’s definition, are individuals who have experienced harm as a result of the crimes falling under the court’s jurisdiction.
Victim participation is integrated into all stages of ICC proceedings. In courtrooms, you might witness victims giving testimony, sharing their experiences directly with the judges and the court. Lawyers also represent victims’ perspectives, ensuring their concerns are considered throughout the legal process. To date, over 10,000 victims of atrocities have participated in ICC proceedings, demonstrating the court’s dedication to centering victims’ experiences.
The ICC maintains active communication with communities affected by crimes through outreach programs. These initiatives ensure that affected populations are informed about the court’s work and have channels to engage with the judicial process. Furthermore, the ICC prioritizes the safety and well-being of victims and witnesses, providing protection measures to safeguard their physical and psychological integrity.
While victims cannot initiate cases themselves, they play a vital role in bringing information to the Prosecutor, which can be instrumental in deciding whether to open an investigation. The ICC Trust Fund for Victims further embodies this victim-centered approach. The Trust Fund is responsible for implementing the Court’s orders on reparations, working to provide tangible redress to victims and their families. Currently, it is realizing the ICC’s first reparations orders, including those for victims in the Democratic Republic of Congo. Beyond reparations, the Trust Fund offers assistance programs providing physical, psychological, and socioeconomic support to over 450,000 victims, helping them rebuild their lives after experiencing unimaginable trauma.
ICC Prosecutor Karim Khan’s visit to a mass grave site in Tarhunah, Libya, underscores the ICC’s investigative work and its focus on uncovering evidence of mass atrocities to ensure accountability for victims.
3. Ensuring Fair Trials: Upholding Due Process at the ICC
Fair trials are a cornerstone of what the ICC is and what it stands for. The ICC operates under the fundamental principle of presumption of innocence: all defendants are presumed innocent until proven guilty beyond a reasonable doubt. Every individual brought before the ICC is guaranteed the right to a public and impartial trial, ensuring transparency and accountability in the judicial process.
Suspects and accused persons at the ICC are afforded a comprehensive set of rights, reflecting international standards of due process. These rights include:
- Right to be informed of the charges: Individuals must be promptly and clearly informed of the nature and cause of the accusations against them.
- Right to adequate time and facilities for defense: Accused persons must have sufficient time and resources to prepare their defense, ensuring a level playing field.
- Right to be tried without undue delay: Justice should be dispensed in a timely manner, avoiding prolonged periods of uncertainty for the accused.
- Right to choose legal counsel: Defendants have the freedom to select a lawyer of their choosing to represent them.
- Right to receive exculpatory evidence: The Prosecutor is obligated to share any evidence that might prove the innocence of the accused, ensuring a balanced presentation of the case.
A particularly important right is the ability to follow proceedings in a language the accused fully understands. This commitment to linguistic accessibility has led the ICC to employ specialized interpreters and translators in over 40 languages. In some hearings, the court utilizes simultaneous interpretation in up to four languages, ensuring effective communication and understanding for all participants.
The ICC’s first two decades have presented unique challenges. Operating far from the crime scenes, the court has navigated complex legal and logistical hurdles. The nature of the crimes prosecuted – often mass crimes – requires extensive evidence gathering and significant efforts to protect witnesses. ICC proceedings are inherently complex, involving numerous procedural and evidentiary matters that need to be carefully resolved throughout the course of each case.
Dorika, a survivor of rape in North Kivu, DRC, represents the countless victims of sexual violence who seek justice through the ICC, emphasizing the court’s commitment to fair trials and victim participation.
4. Complementing National Courts: The ICC as a Court of Last Resort
Understanding what the ICC is requires grasping its relationship with national legal systems. The ICC is not designed to replace national courts. Instead, it operates on the principle of complementarity, functioning as a court of last resort. The primary responsibility for investigating and prosecuting perpetrators of the most serious crimes rests with individual states.
The ICC only intervenes when a state is genuinely unwilling or unable to adequately address these crimes itself. “Unwillingness” can include situations where a state is shielding perpetrators or lacks the genuine intent to prosecute. “Inability” refers to situations where a state’s judicial system has collapsed or is otherwise incapable of carrying out proceedings.
In a world facing escalating violence, the ICC’s resources remain limited. The court can only handle a relatively small number of cases at any given time. Therefore, it prioritizes cases that represent the most serious crimes and where national justice systems are demonstrably failing. The ICC also collaborates with national and international tribunals, working within a broader framework of international justice to promote accountability.
Vladimir Putin, President of Russia, pictured addressing the UN General Assembly, is a high-profile individual for whom the ICC has issued an arrest warrant, illustrating the court’s reach and its role as a complementary jurisdiction to national courts.
5. Building More Support for Justice: The Need for Global Cooperation
With the backing of over 120 States Parties from across the globe, the ICC has solidified its position as a permanent and independent judicial institution. This widespread support underscores the international community’s commitment to fighting impunity for the gravest crimes.
However, unlike national judicial systems, the ICC lacks its own enforcement mechanisms. It relies heavily on the cooperation of states to function effectively. This cooperation is essential for various aspects of the ICC’s work, including implementing arrest warrants and summonses, conducting investigations, and protecting witnesses.
The ICC also depends on state cooperation for practical matters, such as relocating witnesses who are at risk. Without territorial jurisdiction or its own police force, the ICC’s effectiveness is intrinsically linked to the continued support and collaboration of its member states. Strengthening this global cooperation is crucial for the ICC to fully realize its mandate and contribute to a more just and peaceful world.
How is the ICJ Different from the ICC? Clarifying the Distinction
The International Criminal Court (ICC) is often confused with the International Court of Justice (ICJ). While both are prominent international courts, their mandates and functions are distinct.
A gavel in a courtroom symbolizes the judicial authority and processes of international courts like the ICC and ICJ, which, despite their different functions, both contribute to the global legal order.
Here’s a simple breakdown of the key differences to clarify what the ICC is in relation to the ICJ:
- Focus on Individuals vs. States: The most fundamental difference is that the ICC is a criminal court that prosecutes individuals for grave crimes like war crimes and crimes against humanity. In contrast, the ICJ deals with disputes between states. ICJ cases involve legal disagreements between countries, not criminal accusations against individuals.
- Relationship with the UN: The ICJ is one of the principal organs of the United Nations, directly integrated into the UN system. The ICC, while endorsed by the UN General Assembly, is legally independent from the UN. This independence is crucial for the ICC to maintain impartiality in its investigations and prosecutions.
- Jurisdiction: The ICJ’s jurisdiction is based on the consent of states. The ICC can exercise jurisdiction over crimes committed on the territory of a State Party or by a national of a State Party, or when a situation is referred to it by the UN Security Council. Not all UN Member States are parties to the ICC, but the ICC’s jurisdiction can extend to states that have accepted its jurisdiction in specific cases.
Understanding these key distinctions is essential to grasping what the ICC is and its unique role in the international legal landscape. The ICC, as an independent criminal court focused on individual accountability for the most serious crimes, plays a vital role in the pursuit of global justice and the fight against impunity.
