International © OSeveno. CC-BY-SA-4.0.
The International Criminal Court
What is the ICC? It is the world's first permanent international criminal court, with its main purpose being to prosecute the most serious crimes under international law: genocide, crimes against humanity, war crimes and crimes of aggression.
Defendants are innocent until proven guilty and the burden of proof lies with the Prosecutor
The ICC does not prosecute those under the age of 18 when a crime was committed
How is the ICC structured? The Rome Statute established three separate bodies – The Assembly of the State Parties, The ICC and The Trust Fund for Victims.
Over 123 States are currently party to the ICC’s founding treaty, the Rome Statute
The ICC has four separate organs: ■ The Presidency – responsible for external relations with States and coordinating judicial matters. ■ The Judicial Division – 18 judges in three divisions responsible for pretrial, trial and judicial proceedings. ■ The OTP – conducts preliminary investigations ■ The Registry – responsible for non-judicial matters such as security and providing support to the defence and victims.
How are cases progressed at the ICC? Preliminary Examinations The Office of the Prosecutor determines whether there is sufficient evidence of the above mentioned crimes and whether opening an investigation would serve in the best interests of justice and of the victims.
Investigation If the ICC gathers enough evidence and identifies a suspect then the Prosecution requests the ICC to issue either:
An arrest warrant The ICC relies on countries to make arrests and transfer the suspect to the ICC.
A summons to appear Suspects are required to appear voluntarily if they don’t an arrest warrant may be issued.
Pre-Trial Stage Three pre-trial judges confirm the suspects identity, ensure they understand the charges and decide within 60 days if there is enough evidence to go to trial.
Trial The prosecution must prove beyond a reasonable doubt the guilt of the approved. If found guilty, the three judges can issue a sentence up to 30 years.
Appeals The Prosecutor and Defence have a right to appeal the verdict or sentence. Appeals are decided by five judges (who are never the same as those who gave the initial verdict). They decide to uphold the decision, amend it or reverse it. This is the final decision unless the Appeals Chamber orders a retrial.
Enforcement Sentences are served in countries that agree to enforce ICC sentences.
Thanks to Tara Parry for producing this flowchart.
LegalWomen | 45
