How does the International Criminal Court work?

Jane Anderson
Jane Anderson
How does the International Criminal Court work?

This Monday, the prosecutor of the International Criminal Court requested arrest warrants against Benjamin Netanyahu and Hamas leaders.

This is the first time that a leader of a democracy and ally of the Americans has been the subject of a request for an international arrest warrant. The prosecutor of the International Criminal Court (ICC), Karim Khan, announced this Monday, May 20, that he had requested arrest warrants against Israeli Prime Minister Benjamin Netanyahu for crimes such as “deliberately starving civilians.” , “intentional homicide” and “extermination and/or murder” in connection with the Israeli operation in Gaza. The prosecutor also requested warrants against three senior Hamas leaders – Ismaïl Haniyeh, Mohammed Deif and Yahya Sinouar – for, among other things, “extermination”, “rape and other forms of sexual violence” and “hostage taking”. as a war crime.

Competent to judge international crimes, the International Criminal Court works for lasting peace, therefore relying on the international law to do justice and contribute to the stability and at peaceful development of the community of nations.

What is the International Criminal Court?

Born from the treaty called the Rome Statute, the CPI only comes into force from 1er July 2002. She is there first permanently established international criminal court.

The idea of ​​an international criminal jurisdiction appeared during the Nuremberg trials. These trials, conducted by the International Military Tribunal, try Nazi leaders for the crimes of World War II. The project of a permanent and universal international criminal court, slowed down by the Cold War, is relaunching with the creation of tribunals for the former Yugoslavia and Rwanda. On July 17, 1998, the ICC began to form with the adoption of the Rome Statute. It came to fruition on April 11, 2002 with ratification by several States. Its headquarters is in The Hague and it has 123 members. The United States, Russia, China and India are not among them. In addition to the limited number of signatory States, diplomatic issues often influence the Court’s judicial choices.

For the ICC, the objective is to prevent impunity for the perpetrators of the most serious crimes by forcing them to answer for their actions. It complements national penal systems. The Court then only acts when States are unwilling or unable to prosecute those responsible. As a central institution in the fight against impunity, it plays a crucial role in promoting and respecting international humanitarian law. Its work of memory on armed conflicts is essential to facilitate reconciliation.

Who does she judge?

The ICC has a very specific and sensitive role. She is in charge of try individuals accused of committing international crimes. This Court is capable of judging “ people accused of the most serious crimes affecting the entire international community“. It is competent to judge crimes of four types different. HAS namely genocides, war crimes, crimes against humanity and crimes of aggression. For the ICC to exercise its judgment, the crime must have been committed by a national of a State party or on the territory of a State party. Since July 2018, following an agreement concluded with the United Nations, the ICC can be entrusted by the Security Council with situations that do not usually fall within its jurisdiction.

How does she judge?

To carry out its judgment, the ICC proceeds in several stages:

The preliminary examination: Before launching proceedings, the prosecutor must check several points. He must ensure that there is enough evidence of serious crimes relevant to the ICC. It is also necessary to verify the existence of real national procedures. The prosecutor also assesses whether opening an investigation serves the interests of justice and the victims. If these criteria are not met or if the crimes do not fall within the jurisdiction of the Court, the ICC Office of the Prosecutor cannot conduct an investigation.

The investigation: After collecting evidence and identifying a suspect, the Prosecution asks the ICC judges to issue two elements. An arrest warrant or a summons to appear, meaning that the suspects appear voluntarily.

The preliminary phase: Three judges from the Preliminary Section confirm the identity of the suspect. Then, they check that he understands the charges against him. After hearing the Prosecution, the Defense and the victims’ representatives, the judges make a decision. Usually they decide within 60 days. They evaluate whether there is enough evidence to send the case to trial.

The trial: The Prosecution must prove the guilt of the accused before three judges of the Trial Division. Judges look at all the evidence. Then they give a verdict. In case of guilt, they set a sentence. Judges can impose a maximum sentence of 30 years in prison. In exceptional circumstances, they can impose a life sentence. The Defense and the Prosecutor can appeal the verdicts. Judges can also order reparations for victims. In the event of acquittal, the Defense and the Prosecutor have the right to appeal.

The appeal phase: Both the Prosecution and the Defense have the right to appeal the judgment of the Trial Chamber. Thus, they can find the accused guilty or innocent. Victims and the person found guilty have the right to appeal a reparation order. The appeal is judged by five judges of the Appeals Chamber, who are never the same as those who rendered the first instance judgment. The Appeals Chamber decides to confirm, modify or overturn the contested judgment. The ruling it renders therefore constitutes a final judgment, unless it decides to refer the case back to the Trial Chamber for a new trial.

If the ICC imposes sentences, the convicts serve them in the countries that have agreed to execute them.

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