THE INTERNATIONAL CRIMINAL COURT

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About the International Criminal Court

Is independent of the United Nations (International Criminal Court, n.d.)

Is the “first, permanent treaty based international criminal court established to help end impunity for the perpetrators of the most serious crimes of concern to the international community” (ICC, n.d.)

Is a “Court of Last Resort” (ICC, n.d.)

Origins of the International Criminal Court

International dialogue and consensus on definitions of genocide, crimes against humanity and war crimes during the latter half of the 20th century (ICC, n.d.)

Influenced in part by the Nuremberg and Tokyo Trials following World War II (ICC, n.d.)

Further influenced by the International Criminal Tribunals for former Yugoslavia and for Rwanda in the 1990s (ICC, n.d.)

History of the International Criminal Court

Governed by the Rome Statute adopted July 17 1998 by 120 nations (ICC, n.d.)

Rome Statute went into effect July 1 2002 with ratification by 60 nations (ICC, n.d.)

United States of America does not support ICC (Human Rights Watch, 2010; ICC, n.d.)

January 26, 2009 first trial case begins “The Prosecutor v. Thomas Lubanga Dyilo” (ICC, n.d.)

International Criminal Court Handles Cases Involving:

Genocide (ICC, n.d.; United Nations, 2003 & 2011)

Crimes Against Humanity (ICC, n.d.; United Nations, 2003 & 2011)

War Crimes (ICC, n.d.; United Nations, 2003 & 2011)

Aggression (ICC, n.d.; United Nations, 2003 & 2011)

International Criminal Court and War Crimes

ICC has “conplementarity” jurisdiction over countries that have signed the Rome Statute (ICC, n.d.)

National Governments have first jurisdiction for investigation and trial until it is deemed they “cannot or will not” in “genuine” fashion (ICC, n.d.)

ICC proceedings can be brought by a member State the ICC Prosecutor or the United Nations Security Council (ICC, n.d.)

International Criminal Court: Sources of Law

Treaties (Colorado Technical University Online, 2010)

Customs (CTUO, 2010) General Principles of Law (CTUO, 2010) Judicial Decisions (CTUO, 2010)

International Criminal Court: Sources of Law

The Rome Statute (ICC, n.d.) The ICC Official Journal of Basic Legal

Texts and “Legal Tools Project” (ICC, n.d.) The United Nations library of documents

and legal texts WCRO –ICC Legal Analysis and Education

Project (American University Washington College of Law, 2009)

United States Position on the International Criminal Court

One of seven nations to vote against the Rome Statute in 1998 (Human Rights Watch, 2010)

Bush Administration “unsigned” treaty May 2002 (Human Rights Watch, 2010)

U.S. seeks “bilateral agreements” with other countries to protect U.S. nationals from ICC detainment or custody (Human Rights Watch, 2010)

Congress passes “American Servicemembers Protection Act (ASPA) (Human Rights Watch, 2010)

United States a permanent member of the U.N. Security Council (United Nations, 2003)

References

American University Washington College of Law (2009) War Crimes Research Office:

International Criminal Court and the United Nations. Retrieved from

http://www.wcl.american.edu/warcrimes/icc/icc_reports.cfm

Amnesty International USA (2011). International Criminal Court: Prosecuting Crimes in

the Name of International Justice. Retrieved from http://www.amnestyusa.org/our-

work/issues/international-justice/international-criminal-court

Colorado Technical University (2010). U.S. Foreign Policy. [M.U.S.E.] Retrieved from

Colorado Technical University Campus MGM230-1103A-02

http://campus.ctuonline.edu

References

Duke University School of Law (2011). International Criminal Law. Retrieved from

http://www.law.duke.edu/lib/researchguides/intclaw

Human Rights Watch (2010) The United States and the International Criminal Court

Retrieved from http://www.hrw.org/legacy/campaigns/icc/us.htm

International Bar Association (n.d.). IBA Human Rights Institute: IBA Members and the

ICC. Retrieved from

http://www.ibanet.org/Human_Rights_Institute/ICC_Outreach_Monitoring/

ICC_IBA_membership.aspx

International Court of Justice (n.d.). Practical Information: Frequently Asked Questions.

Retrieved from http://www.icj-cij.org/information/index.php?p1=7&p2=2

References

International Criminal Court (n.d.). About the Court. Retrieved

from http://www.icc-cpi.int/Menus/ICC/About+the+Court/

United Nations (2003) Rome Statute of the International

Criminal Court. Retrieved from

http://untreaty.un.org/cod/icc/index.html

United Nations (2011). United Nations: International Law.

Retrieved from http://www.un.org/en/law/