Pengadilan HAM Internasional | Muchamad Ali Safa'at
The International Criminal Court
Design by Deborah H. Cotton - Georgia, USA Email: dc10@bellsouth.net
From Nuremberg to Rome
Aggressive War, War Crimes,
Crimes against Peace
Crimes against Humanity
Poster Courtesy of AI (2000).
The Need for the International Criminal Court
Photo Courtesy of Mandy Jacobson
Internews.org for Rwanda.
Photos Courtesy of Associated Press OnlineKosovo
The ICC: A History in Brief
• International Law Commission (ILC)
• Ad hoc Tribunals
• PrepCom
ISC-ICC and UN Public Info
The International Criminal Court
Meeting of 160 countries to adopt
the Rome Treaty, 17 July 1998.
Benjamin B. Ferencz
Nuremberg Prosecutor
Photo Courtesy of Benjamin
Why the ICC is Important
•
deter future war criminals
•
promote universal justice
•
end impunity
•
help end conflicts
•
remedy deficiencies of
ad hoc tribunals
• complement
national judicial
systems
Photos Courtesy of AP-Kosovo
United Nations-public info.
Current Recourse
Sanctions
embargoes
collective military force
ad hoc tribunals
ISC-ICC, United Nations Public Info
ICTY and ICTR (ad hoc tribunals)
War Crimes
Rape
Genocide
1993 Resolution 827
The Hague
http://www.un.org/icty/glance.htm
Crimes
against
Humanity
1995 Resolution 955
Arusha, Tanzania
http://www.ictr.org/
Problems of Ad hoc Tribunals
• Selective justice
• Funding
• Slow pace of arrest and prosecutions
• Management and administrative difficulties
• Inmate population
• Time/place restrictions
• Surrender and/or arrest of suspects
HRW-ICC Public Info-ISC-ICC
Article 5
Crimes within the jurisdiction of the ICC
genocide
crimes against humanity
war crimes
the crime of aggression.
http://www.un.org/law/icc/index.html
Article 13
Exercise of jurisdiction
S ta te P a rty
S e c u rity C o u n c il
•
•
•
P ro s e c u to r
State Party to the Statute
UN Security Council under Chapter VII (UN Charter)
Prosecutor with approval of Pre-Trial Chamber
http://www.un.org/law/icc/statute/romefra.htm
Jurisdiction Facts
•
The ICC will complement national jurisdiction
•
The ICC will not have independent enforcement
powers
•
The ICC will not be “retroactive”
Rome Statute-Article 17, 18, 19
Judicial Appointment
Selection Criteria:
•
•
•
•
Gender / Geographical representation
Elected by a 2/3 majority of State’s Party
Reputation for fairness and competency
Competent in relevant areas of law
Rome Statute-Article 36.
Misguided Fears of the ICC
Part I (Political)
•
Sovereignty / international authority
•
Humanitarian intervention would be
hampered
•
U.S. military should be exempt
(ICC-Setting the Record Straight).
Misguided Fears of the ICC
Part II (Constitutional / Legal)
• Due Process / absence of defendant’s
rights (principles of justice are universal)
•
Malicious / false prosecution
•
Ex-post facto prosecutions
(ICC-Setting the Record Straight).
The Rome Statute entered into force on 1 July 2002.
Article 11:
(1) The Court has jurisdiction only with respect to crimes committed
after the entry into force of this Statute.
(2) If a State becomes a Party to this Statute after its entry into force,
the Court may exercise its jurisdiction only with respect to crimes
committed after the entry into force of this Statute for that State,
unless that State has made a declaration under article 12, paragraph
3.
http://www.un.org/law/icc/statute/romefra.htm
Acceptance of the ICC: Current Status
The necessary 60 ratifications have
been achieved with the simultaneous
ratification of ten countries that were
deposited at the UN on April 11, 2002.
This brings to date over 75+ ratifications.
Status and updates: http://www.ciccnow.org/
Kingdom of Cambodia
April 2, 2002
Photo courtesy: UN legal Affairs
Current Ratifications Status
The Coalition for the International Criminal Court had declared a
campaign goal of achieving 60 ratifications (number needed for the
entry into force of the Statute) by the 4th anniversary of the adoption of
the Rome Statute July 17, 2002. The unexpectedly rapid pace of
ratifications has surpassed this goal: As of July 30, 2002, the Rome
Statute had 76 States Parties and 139 Signatories, representing every
region of the world and every legal system.
The Coalition for the International Criminal Court is continuing to
work towards universal ratification of the Rome Statute, and seeks to
ensure strong implementing legislation is in place in countries that
ratify the Rome Statute.
http://www.iccnow.org/html/countryindex.html
Key Upcoming Issues
•
Election of Judges
•
Assembly of State Parties Meeting
•
First Year Budget
•
Practical Issues
http://www.ciccnow.org/
QUESTIONS
Will all of the Constitutional protections enjoyed by American citizens
be protected by the ICC?
Will the ICC really have much purpose, since there have only been three
international tribunals in 50 years?
What prevents the ICC from extending its jurisdiction and becoming a
judiciary arm of a world government?
Design by Deborah H. Cotton - Georgia, USA Email: dc10@bellsouth.net
From Nuremberg to Rome
Aggressive War, War Crimes,
Crimes against Peace
Crimes against Humanity
Poster Courtesy of AI (2000).
The Need for the International Criminal Court
Photo Courtesy of Mandy Jacobson
Internews.org for Rwanda.
Photos Courtesy of Associated Press OnlineKosovo
The ICC: A History in Brief
• International Law Commission (ILC)
• Ad hoc Tribunals
• PrepCom
ISC-ICC and UN Public Info
The International Criminal Court
Meeting of 160 countries to adopt
the Rome Treaty, 17 July 1998.
Benjamin B. Ferencz
Nuremberg Prosecutor
Photo Courtesy of Benjamin
Why the ICC is Important
•
deter future war criminals
•
promote universal justice
•
end impunity
•
help end conflicts
•
remedy deficiencies of
ad hoc tribunals
• complement
national judicial
systems
Photos Courtesy of AP-Kosovo
United Nations-public info.
Current Recourse
Sanctions
embargoes
collective military force
ad hoc tribunals
ISC-ICC, United Nations Public Info
ICTY and ICTR (ad hoc tribunals)
War Crimes
Rape
Genocide
1993 Resolution 827
The Hague
http://www.un.org/icty/glance.htm
Crimes
against
Humanity
1995 Resolution 955
Arusha, Tanzania
http://www.ictr.org/
Problems of Ad hoc Tribunals
• Selective justice
• Funding
• Slow pace of arrest and prosecutions
• Management and administrative difficulties
• Inmate population
• Time/place restrictions
• Surrender and/or arrest of suspects
HRW-ICC Public Info-ISC-ICC
Article 5
Crimes within the jurisdiction of the ICC
genocide
crimes against humanity
war crimes
the crime of aggression.
http://www.un.org/law/icc/index.html
Article 13
Exercise of jurisdiction
S ta te P a rty
S e c u rity C o u n c il
•
•
•
P ro s e c u to r
State Party to the Statute
UN Security Council under Chapter VII (UN Charter)
Prosecutor with approval of Pre-Trial Chamber
http://www.un.org/law/icc/statute/romefra.htm
Jurisdiction Facts
•
The ICC will complement national jurisdiction
•
The ICC will not have independent enforcement
powers
•
The ICC will not be “retroactive”
Rome Statute-Article 17, 18, 19
Judicial Appointment
Selection Criteria:
•
•
•
•
Gender / Geographical representation
Elected by a 2/3 majority of State’s Party
Reputation for fairness and competency
Competent in relevant areas of law
Rome Statute-Article 36.
Misguided Fears of the ICC
Part I (Political)
•
Sovereignty / international authority
•
Humanitarian intervention would be
hampered
•
U.S. military should be exempt
(ICC-Setting the Record Straight).
Misguided Fears of the ICC
Part II (Constitutional / Legal)
• Due Process / absence of defendant’s
rights (principles of justice are universal)
•
Malicious / false prosecution
•
Ex-post facto prosecutions
(ICC-Setting the Record Straight).
The Rome Statute entered into force on 1 July 2002.
Article 11:
(1) The Court has jurisdiction only with respect to crimes committed
after the entry into force of this Statute.
(2) If a State becomes a Party to this Statute after its entry into force,
the Court may exercise its jurisdiction only with respect to crimes
committed after the entry into force of this Statute for that State,
unless that State has made a declaration under article 12, paragraph
3.
http://www.un.org/law/icc/statute/romefra.htm
Acceptance of the ICC: Current Status
The necessary 60 ratifications have
been achieved with the simultaneous
ratification of ten countries that were
deposited at the UN on April 11, 2002.
This brings to date over 75+ ratifications.
Status and updates: http://www.ciccnow.org/
Kingdom of Cambodia
April 2, 2002
Photo courtesy: UN legal Affairs
Current Ratifications Status
The Coalition for the International Criminal Court had declared a
campaign goal of achieving 60 ratifications (number needed for the
entry into force of the Statute) by the 4th anniversary of the adoption of
the Rome Statute July 17, 2002. The unexpectedly rapid pace of
ratifications has surpassed this goal: As of July 30, 2002, the Rome
Statute had 76 States Parties and 139 Signatories, representing every
region of the world and every legal system.
The Coalition for the International Criminal Court is continuing to
work towards universal ratification of the Rome Statute, and seeks to
ensure strong implementing legislation is in place in countries that
ratify the Rome Statute.
http://www.iccnow.org/html/countryindex.html
Key Upcoming Issues
•
Election of Judges
•
Assembly of State Parties Meeting
•
First Year Budget
•
Practical Issues
http://www.ciccnow.org/
QUESTIONS
Will all of the Constitutional protections enjoyed by American citizens
be protected by the ICC?
Will the ICC really have much purpose, since there have only been three
international tribunals in 50 years?
What prevents the ICC from extending its jurisdiction and becoming a
judiciary arm of a world government?