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International Criminal Court. Presentation by: Brigette Henk. The ICC: How it Came About:. As early as the late 19 th century, there were discussions about the need for a permanent international tribunal These arguments grew louder after WWI, in the case of the German Kaiser

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International criminal court l.jpg

International Criminal Court

Presentation by: Brigette Henk

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The ICC: How it Came About:

  • As early as the late 19th century, there were discussions about the need for a permanent international tribunal

  • These arguments grew louder after WWI, in the case of the German Kaiser

    • Nothing happened because nobody could agree on the type of jurisidiction

  • WWII precursors included the Four Power Agreement and the Nuremburg Trial

  • Post-war, early 50’s, there was still not enough support for permanence

  • Early 90s Rwandan/Yugoslavian Tribunal trials paved way for the ICC

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The ICC: It’s purpose

  • The ICC is a “court of last resort”

  • To prosecute severe violations of international law

    • Crimes against humanity, war crimes, genocide

  • Makes up for the deliberate/unintentional failure of national law

    • Takes cases in which national courts are “unable or unwilling” to dutifully process a case

  • Deals with cases arising after July 1, 2002

    • It’s power is NOT retro-active

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It’s jurisdiction is valid when…

  • There is Genocide, War Crimes, Crimes against Humanity

  • The accused is a member of a state party

  • The crime took place in the territory of the accused

  • The national courts are unwilling/able to try the crime

  • Referred by the United Nations Security Council

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The Structure of the ICC

  • Based in the Hague, Netherlands

    • Cases can be tried anywhere

  • Four Organs of the Court

    • Presidency (three judges, elected amongst the 18)

      • Current trio: Korea, Mali and Germany

    • Judicial divisions (18 judges from around the world)

      • Pre-trial, Trial, Appeals

    • Office of the Prosecutor

      • Takes referrals, conducts research and leads the prosecution

    • Registry

      • The administrative services sector

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The EU and the ICC

  • During initial proposals the EU was not united

    • Great Britain/France were not immediately supported

    • Germany, Spain, Netherlands, others expressed early support

    • The Rome Statute acted as a compromise between MS

      • Individual policy positions influenced some EU MS to change

  • When the ICC was signed the EU became unified

    • However, the process of agreement does not reflect CFSP

    • Its subsequent support is an example of CFSP

      • They have become “active” in the promotion of the ICC, as the EU

  • ICC reflects major importance of major EU tenets

    • Rule of law, human rights, basic liberties

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The ICC: Source of Conflict

  • Many countries feared a loss of sovereignty

  • African countries feared that the ICC was an excuse to jail their leaders

  • Fear loss of immunity of their leaders

  • Fear of politically motivated prosecutions

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Ratifiers of the Rome Statute

108 Countries have signed AND ratified Rome Statute

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Signatories of the Rome Statute

  • 40 Countries have signed but NOT ratified

  • In Europe: Armenia, Czech Republic, Moldova, Monaco, Russia and Ukraine

  • In Africa: Algeria, Angola, Cameroon, Cape Verde, Côte d'Ivoire, Egypt, Eritrea, Guinea-Bissau, Morocco, Mozambique, São Tomé and Príncipe, Seychelles, Sudan and Zimbabwe.

  • In the Americas: Bahamas, Chile, Haiti, Jamaica, Saint Lucia and the United States.

  • In Asia: Bahrain, Bangladesh, Iran, Israel, Kuwait, Kyrgyzstan, Oman, Philippines, Solomon Islands, Syria, Thailand, United Arab Emirates, Uzbekistan and Yemen.

    • (list supplied from Wikipedia)

  • These forty countries are legally prevented from getting in the way of the treaty

  • States that did not sign by Dec 31, 2000 must “accede to the treaty”

    • Eight have thus far, others are in the process

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    Those who refuse to sign or ratify

    • Iraq (reversed a decision to sign, citing pressure from the US)

    • Lebanon (citing “intense pressure” from the US)

    • Turkey (reversed a decision, despite pressure from EU)

    • China (believes it interferes with sovereignty and national law)

    • Israel (signed but refuses to ratify, clearly accomplice of US)

    • India ( worries about its internal conflicts, and interference with national court system)

    • Pakistan (worries about lack of immunity for heads of state)

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    EU vs US

    • The US led the establishment of the ICTY and ICTR

      • Evidently prefers use of IC on a case-by-case basis

    • US was very worried about the ICC’s ability to try Americans

      • They were not willing to let their citizens/leaders be tried

      • They prohibited their military/other groups from helping ICC

      • December 31, 2000 Bill Clinton signed the treaty

    • In 2002 the US “unsigned” the ICC treaty, firmly indicating its opposition

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    Current investigations and open cases

    • Northern Uganda (Crimes against Humanity, War Crimes)

      • In pre-trial motion, four arrest warrants are valid

    • The Democratic Republic of Congo (three open cases)

      • Thomas Lubanga, rebel leader, arrested locally and transferred to ICC custody

      • He was arrested for War Crimes (child soldiers), in 2006

      • His trial, the first by the ICC, began in January 2009

    • The Central African Republic

      • One case in Pre-Trial (Crimes against Humanity, War Crimes)

    • Darfur (Crimes against Humanity, War Crimes)

      • (Sudan has signed the Rome treaty, but not ratified it)

      • Three open cases, all in Pre-trial motion

      • Referral by UNSC

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    • Deliberating CFSP: European Foreign Policy and the International Criminal Court (Nicole Deitelhoff)