International Criminal Court Questions and Answers
ICC
can see any international criminal cases
focus- criminal law, human rights, and international humanitarian law
composition of ICC
18 judges who serve for 9-year terms
not everyone in UN is a member
3 divisions- appeals (5 judges) ...
International Criminal Court Questions
and Answers
ICC - answer can see any international criminal cases
focus- criminal law, human rights, and international humanitarian law
composition of ICC - answer 18 judges who serve for 9-year terms
not everyone in UN is a member
3 divisions- appeals (5 judges) trial (3 judges) pre-trial (1-3 judges)
jurisdiction of ICC - answer over genocide, crimes against humanity, and war crimes
jurisdiction can be invoked by... - answer party referring the alleged crime to the
Prosecutor
UN Security Council acting under CH. 7 of the UN charter, referring an alleged crime to
the Prosecutor
However, for the jurisdiction to be invoked under A or C, the state on whose territory the
crime occurred or the state of the nationality of the accused must be a party to the
statute. If neither state is a party, then either can accept the jurisdiction of ICC
voluntarily or AD HOC.
Thus nationality is not a defense against extradition to the ICC or against ICC exercising
jurisdiction if the crime was committed on a territory of a state that is a member of the
ICC or if the crime was referred to ICC by the Security Council.
limitations to the prosecutor exercising jurisdiction - answer COMPLEMENTARY
RULE of the Rome Treaty
ICC mustn't exercise jurisdiction if...
case is being investigated or prosecuted by State that has jurisdiction over crime
(unless they are unable/unwilling to genuinely carry out investigation)
case has been investigated by State that has jurisdiction and has decided not to
prosecute (unless that decision was a result of political fragility of State)
accused has been properly tried
case doesn't have sufficient weight for action by ICC
further immunity from prosecution - answer accused was under 18 when crime was
committed
no person can be tried by ICC and national court for the same crime
can't be tried for an offence before the statute entered force
surrender of the accused - answer party to the ICC Statue is required to arrest and
surrender to the ICC a person for whom a warrant of arrest has been issued by pre-trial
chambers, unless case is inadmissable for double jeopardy
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