International Criminal Court

The concept of justice and the various interpretations of law is well known to everyone. There have been several jurists, philosophers etc who have given their theory of law and justice. With the influence of globalization, modernization and industrialization countries across the world have come closer to each other. Have you ever wondered, who resolves the disputes between two countries or who punishes the culprit in a matter involving two different countries. 

Well, disputes or matters involving two different countries are adjudicated at international level. The two matters- civil and criminal are both resolved at the International Court. You must have heard about International Court of Justice and International Criminal Court. The difference not only lies in the name but also on the matters they resolve. ICJ which is an organ of UN resolves civil disputes between two countries whereas ICC deals with criminal matters and prosecute individuals.

Let us know a little more about ICC.

International Criminal Court is an intergovernmental organization and International Tribunal headquartered at Hague, Netherlands which has the power of investigation and can try individuals charged with grave crimes which are serious threat to human civilization and mankind. 

ICC came into working on July 01,2002 through adoption of the Rome Statute which is a multilateral treaty and the main document which governs ICC. The jurisdiction, function and structure of ICC is regulated by it.

The Rome Statute establishes the structure of ICC. It has three bodies- the ICC, the Assembly of State Parties and the Trust Fund for Victims. 

The ICC itself has four organs. These are:-

• Presidency which performs the administrative functions.
• Divisions concerned with Pre-trial, trial and Appeals.
• The Office of the Prosecutor is responsible for conducting investigations and prosecutions.
• The Registry concerned with non-judicial services of the court.

ICC serves as an aid to national judicial systems. It is the court of last resort. It can use its power of investigation only when the national judicial courts are unable to resolve the criminal situation. Thus it doesn’t have an universal jurisdiction. The Rome Statute lays out four international crimes whose investigation and prosecution can be done by ICC. The core crimes are- Genocide, Crimes against Humanity, War Crimes and Crimes of Aggression. ICC can invoke its jurisdiction only in these four core crimes where the national courts are unable to or unwilling to resolve the criminal situation. It can prosecute individuals not the states or organizations for the above-mentioned crimes. Another important aspect of ICC’s jurisdiction is that it can exercise its power only on the matters involving its member countries or if United Nations Security Council (UNSC) authorizes it.

The role of ICC is however not untouched with criticisms. The war going on between Russia and Ukraine has put lot of questions on the aims and objectives of international justice. The unwillingness to stop the war by Russia and Ukraine has caused damage and destructions to the lives of thousands of civilians which include innocent children. On March 2023, ICC cane forward to take a step towards the destruction being caused by the war and issued an arrest warrant against Russian President Vladimir Putin for war crimes. The crime accusation was unlawfully deporting thousands of Ukrainian children. But these accusations were considered ‘void’ by Russia. Infact, the Foreign Minister of Russia compared the warrants as toilet paper and said that they have no meaning. Situations like this do put international institutions into question and makes them less worthy of trust and cooperation by other countries of the world particularly the developing countries who are not sitting in power at international forums.