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How does the International Criminal Court work and what can it do?

Stanislaus Robers

The International Criminal Court (ICC) is a permanent tribunal in The Hague, Netherlands that is responsible for prosecuting individuals for genocide, crimes against humanity, war crimes, and the crime of aggression. Established in 2002, the ICC operates under the principles of complementarity and universality, meaning that it can only prosecute individuals when national courts are unable or unwilling to do so, and that it has jurisdiction over all individuals despite nationality or affiliation.

The ICC operates on a case-by-case basis, with investigations and prosecutions initiated by the Office of the Prosecutor. Cases are referred to the ICC by states that have ratified the Rome Statute (the treaty that established the Court), the United Nations Security Council, or the ICC Prosecutor. The Prosecutor may also initiate investigations on their own accord if they receive credible information about crimes falling under the Court's jurisdiction.

Once a case has been referred to the ICC, the Pre-Trial Chamber determines whether there is sufficient evidence to establish individual criminal responsibility and issues arrest warrants or summonses for suspects. The Trial Chamber hears evidence and arguments from both the prosecution and the defense, and decides whether the accused is guilty or not guilty. If found guilty, the Sentencing Chamber determines an appropriate sentence.

The ICC can also issue orders for reparations to victims of crimes under its jurisdiction. These can include restitution, compensation, and rehabilitation.

One of the challenges facing the ICC is its lack of enforcement mechanisms. While states are obligated to cooperate with the Court, there have been instances where states have refused to arrest and surrender suspects or abide by other requests from the ICC.

Overall, the ICC plays an important role in holding individuals accountable for some of the most serious crimes under international law. However, its effectiveness is dependent on state cooperation, and there are ongoing debates about its mandate and jurisdiction.

Some additional questions that arise from this include: How does the ICC decide which cases to pursue? How effective has the ICC been in holding individuals accountable for crimes under its jurisdiction? How do national courts fit into the ICC's complementarity principle?