Individuals and intl law ICC

1. Individuals and intl lawICC Lecture 23 March 11

2. ASSIGNMENTS-1 March 13 International Criminal Law p.395 http://www.icc-cpi.int/Menus/ICC?lan=en-GB Rome Statute of the ICC http://www.icc-cpi.int/NR/rdonlyres/EA9AEFF7-5752-4F84-BE94-0A655EB30E16/0/Rome_Statute_English.pdf You need to read Articles 1-21, at least. Find out which article states that ICC takes cases where the state is unwilling or unable to prosecute Who are the judges of the ICC - http://www.icc-cpi.int/Menus/ASP/Elections/Judges/2009/Alphabetical+listing.htm MARCH 16 – Quiz-3 Wednesday, April 1 – Guest Speaker – Professor Kanner – Terrorism and International Law Attendance compulsory Today International Criminal Law p.395 ICC: http://www.icc-cpi.int/Menus/ICC/ Rome Statute of the ICC http://www.icc-cpi.int/NR/rdonlyres/EA9AEFF7-5752-4F84-BE94-0A655EB30E16/0/Rome_Statute_English.pdf

3. INTERNATIONAL CRIMINAL COURT • http://www.icc-cpi.int/Menus/ICC • Rome Statute of the International Criminal Court http://www.icc-cpi.int/NR/rdonlyres/EA9AEFF7-5752-4F84-BE94-A655EB30E16/0/Rome_Statute_English.pdf • Entered into Force 1 July 2002 in accordance with Art. 126 of Rome Statute - 60 days after 60 states had become parties to the statute through ratification or accession • Judges: http://www.icc-cpi.int/chambers/judges.html

4. INTERNATIONAL CRIMINAL COURT What are the 4 goals advanced by the creations of an intl criminal ct.? • 1. justice and punishment • 2. deterrence • 3. record-keeping • 4. the progressive development of intl law

5. WHAT YOU WANT TO FOCUS ONKnow the pertinent ICC Statute articles • Complimentarity principle - national courts and ICC • Which crimes are within the jurisdiction of the ICC? • Who can be brought before the court? • Jurisdiction of the ICC • Relationship to UN • Judges’ qualifications • US’ concerns • Reservations – no reservations may be made • Opt-out provision for war crimes • Non-retroactivity

6. History • Historically, punishment for war crimes was sporadic and subject to Ad Hoc Decisions • The Twentieth Century was the bloodiest in recorded history. 174 million people were killed in genocides and mass murders. Victims' cries for justice went unanswered by an indifferent world.

7. History (continued) • In 1998, the Statute of the ICC was adopted when the United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court met in Rome • The resulting treaty gave the ICC jurisdiction over war crimes, genocide, and crimes against humanity – supplementing the domestic/municipal courts

8. Timeline • Dec 31, 00- Clinton signs the Rome Statute • Feb 01-> September ‘01- Minimal US participation at ICC preparatory committee meetings1,2 • May 6, ‘02 -Bush Administration notifies the UN that it recognizes no ‘legal obligations’ with regards to the Rome Statute”3 See VCLT Art.18. • July 1, ‘02- The ICC enters into force • July 12, ‘02- The US gains a 1 year exemption for peacekeepers from ICC jurisdiction after threatening continued Security Council veto of Bosnian Missions • August 8, ‘02 - American Service Members Protection Act in passed into law. • Sep 30, ‘02 - The EU offers the US a limited extradition agreement

9. Jurisdiction ratione temporis • Art. 11 of Rome Statute • 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.

10. 108 States have Ratified Canada Most EU member States 30 are African Countries, 14 are from Asia, 16 are from Eastern Europe, 23 are from Latin America and the Caribbean, and 25 are from Western Europe and other states. Countries that have not U.S China India Russia Qatar, Yemen Israel Iraq Ratification of the ICC

11. US Opposition to the ICC - Concerns • The Effect of the Court on the U.S. military personnel, its commanders, and its operations • The threat that it conflicts/ overrides the U.S Constitution. Specifically the Bill of Rights (ICC has not jury) • Unchecked power of the prosecutor • U.S. has less control of ICC vs. ad hoc tribunals set up by UNSC.

12. Arguments for the U.S. joining the ICC • It does not violate the U.S. Constitution • The accused individuals have extensive due process rights many of which were secured through efforts of U.S. negotiators • The Prosecutor has to get authorization from the Pre-Trial Chamber before s/he commences an investigation

13. Rights found in both U.S. Constitution and Rome Statute • Presumption of innocence (Rome Statute: Art. 66) • Right to counsel (Art. 67) • Right to present evidence and to confront witnesses (Article 69(3)) • Right to remain silent (Art. 55(2)(b)) • Right to be present at trial (Art.63) • Right to have charges proved beyond a reasonable doubt (Art.66(3)) • Protection against double jeopardy (Art. 17)

14. Right to trial by jury • This is the only right missing from the ICC statute. • However, U.S. has already accepted that its citizens will not get juries when accused of a crime in Japan or France, etc.