Recourse for Victims of Mass Crimes and Prevention of Atrocious Crimes

Introduction

Discussion on how victims of mass crimes can seek justice.
Importance of international community and civil society in addressing atrocious crimes.

International Treaty in 1998:
- Countries ratified the treaty leading to the establishment of the ICC.
- ICC officially took effect in 2002.
Unique Nature of the ICC:
- Created by a treaty, independent from the United Nations, but cooperates with it.
Jurisdiction of the ICC:
- Tries individuals, not countries or organizations.
- Focuses on four main crimes:
  - Genocide
  - War crimes
  - Crimes against humanity
  - Crime of aggression (post-2010 amendments)

Non-retroactive Jurisdiction:
- Cannot address crimes committed before July 2002.
Jurisdictional Reach:
- ICC has jurisdiction in the following locations:
  1. Territory of states parties (countries accepting ICC jurisdiction).
  2. Crimes committed by nationals of states parties.
  3. Crimes referred by the UN Security Council under Chapter 7 of the UN Charter.
Complementary Role:
- ICC does not replace national courts but acts as a court of last resort.
- Prosecutes cases only when national jurisdictions are unwilling or unable to act.

Court's Work:
- Conducts work in the courtroom and in the field.
- Relies on cooperation with countries for:
  - Making arrests
  - Transferring arrested persons to the ICC
  - Freezing assets of suspects
  - Enforcing sentences

Rome Statute Creates Three Bodies:
1. The Court
2. Trust Fund for Victims
3. Assembly of States Parties (provides oversight and management)
Four Organs of the ICC:
1. Presidency
2. Judicial Divisions:
- 18 judges divided into three divisions: Pre-Trial, Trial, Appeals.
1. Office of the Prosecutor:
- Conducts investigations and brings cases before the court.
1. Registry:
- Provides support to ensure smooth operations of the court.