Justice for Victims of Mass Crimes

Oct 14, 2024

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.

Establishment of the ICC

  • 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)

Limitations of the ICC

  • 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.

Operations of the ICC

  • 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

Structure of the ICC

  • 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.

Conclusion

  • ICC's primary purpose is to hold individuals accountable for atrocious crimes.
  • By doing so, the ICC aims to prevent future crimes from occurring.