The ICC-The ICC-International Criminal International Criminal

CourtCourt

Who are they?Who are they?

What do they do?What do they do?

Where’s the U.S. in the ICC?Where’s the U.S. in the ICC?

What is the ICC?What is the ICC?

The ICC is the International Criminal The ICC is the International Criminal Court established from the treaty of Court established from the treaty of the Rome Statue signed in 1998. the Rome Statue signed in 1998.

The Rome Statue is a treaty that was The Rome Statue is a treaty that was signed by 60 parties (states) in which signed by 60 parties (states) in which caused the ICC to be established.caused the ICC to be established.

Today, 104 states world-wide are part Today, 104 states world-wide are part of the ICC.of the ICC.

United Nations Court?United Nations Court?

The ICC is not a part of the UN, although The ICC is not a part of the UN, although many of the same states are members.many of the same states are members.

ICC is based out of the Netherlands, but ICC is based out of the Netherlands, but has been or could easily based has been or could easily based elsewhere.elsewhere.

The ICC does work closely with the UN, but The ICC does work closely with the UN, but is not directly connected to the UN is not directly connected to the UN because there are states that are part of because there are states that are part of the UN and not the ICC.the UN and not the ICC.

What is the court of the ICC What is the court of the ICC made up of?made up of?

The ICC is made up of four different organs:The ICC is made up of four different organs:1)Presidency1)Presidency

2)Judicial Divisions2)Judicial Divisions

3)Office of the Prosecutor3)Office of the Prosecutor

4)Registry4)Registry

The Presidency itself…The Presidency itself…

This organ is responsible for administering This organ is responsible for administering the court with the exception of the Office the court with the exception of the Office of the Prosecutor and Registry.of the Prosecutor and Registry.

There are three judges elected to the ICC There are three judges elected to the ICC Presidency currently for a three year Presidency currently for a three year term. term.

These three positions consist of: President These three positions consist of: President of the Court, First Vice-President, and of the Court, First Vice-President, and Second Vice President. Second Vice President.

Who is your President, and Who is your President, and what does he do?what does he do?

Judge Philippe Kirsch of Canada was Judge Philippe Kirsch of Canada was elected in March of 2006, for a three elected in March of 2006, for a three year term as President.year term as President.

This “Presidency” is slightly like our This “Presidency” is slightly like our “Presidency” is put together. “Presidency” is put together.

They are the courts administrators for They are the courts administrators for Court kind of like the U.S. President Court kind of like the U.S. President oversees our government. oversees our government.

And in the line-up as number And in the line-up as number two and three…..two and three…..

The two Vice-Presidents are placed first The two Vice-Presidents are placed first vice-president and second vice vice-president and second vice president going by:president going by:

First Vice- President: Judge Akua First Vice- President: Judge Akua Kuenyeahia of Ghana.Kuenyeahia of Ghana.

Second Vice-President: Judge RenSecond Vice-President: Judge Renè è Blattmann of Bolivia. Blattmann of Bolivia.

Both also given a term of three years.Both also given a term of three years.

And his chambers…And his chambers…

The chambers of the ICC consists of 14 The chambers of the ICC consists of 14 judges besides the three judges of judges besides the three judges of the Presidency. the Presidency.

Each of these judges either have Each of these judges either have experience and competence in experience and competence in criminal law or international law.criminal law or international law.

This chamber is split into groups This chamber is split into groups equaling 10 criminal law judges and equaling 10 criminal law judges and 7 international law judges currently.7 international law judges currently.

And where in the world do they And where in the world do they come from?come from?

These Judges come from various areas These Judges come from various areas such as: Canada, Ghana, Bolivia, such as: Canada, Ghana, Bolivia, Trinidad and Tobago, France, Cyprus, Trinidad and Tobago, France, Cyprus, Costa Rica, South Africa, Republic of Costa Rica, South Africa, Republic of Korea, Italy, Ireland, Finland, Mali, Korea, Italy, Ireland, Finland, Mali, Latvia, the UK, Brazil and Bulgaria.Latvia, the UK, Brazil and Bulgaria.

It is noticed that the judges are very It is noticed that the judges are very sporadic in location and don’t sporadic in location and don’t necessarily come from one continent or necessarily come from one continent or region.region.

And…. They do what in Pre-And…. They do what in Pre-Trials?Trials?

With Pre-trial Chambers- either one single With Pre-trial Chambers- either one single judge or a three judge bench are assigned.judge or a three judge bench are assigned.

This bench or single judge decides whether This bench or single judge decides whether or not to authorize an investigation.or not to authorize an investigation.

Judges assigned to the Pre-Trial Chambers Judges assigned to the Pre-Trial Chambers are as follows: Kuenyhia (Ghana), Jorda are as follows: Kuenyhia (Ghana), Jorda (France), Kual (Germany), Politi (Italy), (France), Kual (Germany), Politi (Italy), Diarra (Mali), Steiner (Brazil), and Diarra (Mali), Steiner (Brazil), and Trendafilova (Bulgaria).Trendafilova (Bulgaria).

Goin’ to Trial….Goin’ to Trial….

The next of the Chambers of the ICC is The next of the Chambers of the ICC is the Trial Division. the Trial Division.

The Trial Division’s job is to oversee the The Trial Division’s job is to oversee the trial itself and determine the trial itself and determine the defendant’s innocence or guilt.defendant’s innocence or guilt.

Following the outcome, the Trial Division Following the outcome, the Trial Division has the duty to sentence the has the duty to sentence the guilty guilty in in imprisonment or monetary payment.imprisonment or monetary payment.

Who decides destiny?Who decides destiny?

The Judges which are included in the Trial The Judges which are included in the Trial Division are:Division are:

Blattmann (Bolivia), Hudson-Phillips (Trinadad Blattmann (Bolivia), Hudson-Phillips (Trinadad and Tobago), Odio-Benito (Costa Rica), Harding and Tobago), Odio-Benito (Costa Rica), Harding Clark (Ireland), UClark (Ireland), Uśacka (Latvia) and Fulford śacka (Latvia) and Fulford (the UK).(the UK).

Trial Division are also only made up of three Trial Division are also only made up of three judges at a time making up the judges at a time making up the Trial Trial ChamberChamber..

You appeal what?You appeal what?

The last division is the Appeals Division. The last division is the Appeals Division.

This consists of primarily of judges that are This consists of primarily of judges that are experienced and competent in international experienced and competent in international law. law.

The Appeals Division main duty is decide The Appeals Division main duty is decide whether or not a procedural error, error of the whether or not a procedural error, error of the law, error in fact or any other problems that law, error in fact or any other problems that would cause an unfair trial have been made would cause an unfair trial have been made and if it is means to reverse the judgment or and if it is means to reverse the judgment or redo the whole trial again. redo the whole trial again.

I find you quite appealing…I find you quite appealing…

The Judges which are included in the The Judges which are included in the Appeals Court are:Appeals Court are:

Kircsh (Canada), Pikis (Cyprus), Pillay Kircsh (Canada), Pikis (Cyprus), Pillay (South Africa), Song (Republic of (South Africa), Song (Republic of Korea), and Kourula (Finland).Korea), and Kourula (Finland).

All five judges are to take part in each All five judges are to take part in each appeals case they receive.appeals case they receive.

To make it work…To make it work…

Like all of us know, we need some Like all of us know, we need some prosecution to work in the power of prosecution to work in the power of the ICC, therefore there is a division the ICC, therefore there is a division of Prosecutors.of Prosecutors.

These Prosecutors work to help the These Prosecutors work to help the ICC’s case be argued through out the ICC’s case be argued through out the trial period.trial period.

Who’s prosecuting?Who’s prosecuting?

The head Prosecutor is Mr. Luis Moreno-Ocampo of The head Prosecutor is Mr. Luis Moreno-Ocampo of Argentina as first Chief Prosecutor of the Court.Argentina as first Chief Prosecutor of the Court.

His job is to be the representative in court.His job is to be the representative in court.

He is helped out by two Deputy Prosecutors, Mr. He is helped out by two Deputy Prosecutors, Mr. Serge Brammertz of Belgium as Deputy Prosecutor Serge Brammertz of Belgium as Deputy Prosecutor of the Court. Mr. Brammertz is in charge of the of the Court. Mr. Brammertz is in charge of the Investigations Division of the Office of the Investigations Division of the Office of the Prosecutor, along with Mrs. Fatou Bensouda of the Prosecutor, along with Mrs. Fatou Bensouda of the Gambia who was elected Deputy Prosecutor by the Gambia who was elected Deputy Prosecutor by the Assembly of States Parties. She is in charge of the Assembly of States Parties. She is in charge of the Prosecution Division of the Office of the Prosecutor.Prosecution Division of the Office of the Prosecutor.

How do they do what they How do they do what they do?do?The chief prosecutor starts an The chief prosecutor starts an

investigation once a referral comes investigation once a referral comes through about a possible crime through about a possible crime committed.committed.

These referrals may come from the These referrals may come from the Security Council of the UN.Security Council of the UN.

Before the investigation is put into Before the investigation is put into action, it goes to the Pre-Trial Chamber action, it goes to the Pre-Trial Chamber Judges to authorize the investigation. Judges to authorize the investigation.

Where do referrals come Where do referrals come from?from?Referrals can come from one of four places:Referrals can come from one of four places:

1)1) A state party referralA state party referral

2)2) A country part of the ICCA country part of the ICC

3)3) The UN Security CouncilThe UN Security Council

4)4) ICC ProsecutorICC Prosecutor

RegistryRegistry

The Registry is responsible for the non-judicial aspects of The Registry is responsible for the non-judicial aspects of the administration and servicing of the Court and is the administration and servicing of the Court and is headed by the Registrar who is the principal headed by the Registrar who is the principal administrative officer of the Court, elected by secret administrative officer of the Court, elected by secret ballot by an absolute majority of judges meeting in ballot by an absolute majority of judges meeting in plenary session.plenary session.

Registry is responsible for the administration of legal aid Registry is responsible for the administration of legal aid matters, court management, victims and witnesses matters, court management, victims and witnesses matters, defense counsel, detention unit, and the matters, defense counsel, detention unit, and the traditional services provided by administrations in traditional services provided by administrations in international organizations, such as finance, translation, international organizations, such as finance, translation, building management, procurement and personnel. building management, procurement and personnel.

The current Registrar is Mr. Bruno Cathala (France) since The current Registrar is Mr. Bruno Cathala (France) since June of 2003June of 2003

Now we know who, but what Now we know who, but what do they do??do they do??

Now we know who does all the work for the Now we know who does all the work for the ICC and what each job is doing, what is the ICC and what each job is doing, what is the ICC concerned about?ICC concerned about?

The ICC is a court that tries serious crimes The ICC is a court that tries serious crimes which include, war crimes, genocide, crimes which include, war crimes, genocide, crimes against humanity, and crimes against against humanity, and crimes against international concern.international concern.

There is a 98 page document that gives the There is a 98 page document that gives the procedural steps and actions that the ICC procedural steps and actions that the ICC must take to consider each time a crime must take to consider each time a crime committed. It also includes what each job committed. It also includes what each job duty includes.duty includes.

Cases that the ICC deals Cases that the ICC deals withwithLike the Security Council of the UN, the Like the Security Council of the UN, the

ICC deals with the same problems ICC deals with the same problems and issues. and issues.

As of November of 2006, 1700 possible As of November of 2006, 1700 possible crimes have been reported to the crimes have been reported to the Prosecutor of the ICC, from close to Prosecutor of the ICC, from close to 139 different countries. 139 different countries.

Unfortunately, 80% of the reports are Unfortunately, 80% of the reports are outside the ICC’s jurisdiction.outside the ICC’s jurisdiction.

Cases Being Dealt With…. Cases Being Dealt With….

There are currently only three cases pending There are currently only three cases pending on the ICC’s case load but one is being on the ICC’s case load but one is being considered at this time. (Central African considered at this time. (Central African Republic)Republic)

These cases are not working at a quick pace These cases are not working at a quick pace and have been open, some from before and have been open, some from before December of 2003.December of 2003.

As it can be seen, the ICC cannot quickly move As it can be seen, the ICC cannot quickly move through these cases and move to the next.through these cases and move to the next.

Case of UgandaCase of Uganda

Uganda’s official government referred the Uganda’s official government referred the “Lord’s Resistance Army” (LRA) of Northern “Lord’s Resistance Army” (LRA) of Northern Uganda to the ICC.Uganda to the ICC.

The “Lord’s Resistance Army is a Christian The “Lord’s Resistance Army is a Christian terrorist group in Northern Uganda that is in terrorist group in Northern Uganda that is in rebellion against the official government of rebellion against the official government of Uganda.Uganda.

The issues of concern for the LRA consist of The issues of concern for the LRA consist of human rights violations, mutilation, torture, human rights violations, mutilation, torture, rape, the abduction of civilians, and the use of rape, the abduction of civilians, and the use of child soldiers and massacres. child soldiers and massacres.

LRA ---LRA ---

December of 2003, the referral to the ICC from December of 2003, the referral to the ICC from President Yoweri Museveni to bring the LRA to the President Yoweri Museveni to bring the LRA to the attention of the ICC.attention of the ICC.

Pre-trial Chambers decide to let Prosecutors start Pre-trial Chambers decide to let Prosecutors start investigation on LRA.investigation on LRA.

LRA causing night commutes for children ages 3-17, LRA causing night commutes for children ages 3-17, walking up to 12 miles a night to larger towns in walking up to 12 miles a night to larger towns in search of safety. search of safety.

Because of the large amount of children in search of Because of the large amount of children in search of safety, they come in such large quantities that safety, they come in such large quantities that they are forced to sleep in extremely they are forced to sleep in extremely overcrowded areas.overcrowded areas.

Latest DevelopmentsLatest Developments

Warrants for arrest of five LRA Warrants for arrest of five LRA members announced on July 8members announced on July 8thth and and

September 27September 27thth of 2005. of 2005.

Warrants against..Warrants against..Joseph Kony- Leader of the LRAJoseph Kony- Leader of the LRAThe warrant of arrest for The warrant of arrest for Joseph KonyJoseph Kony lists thirty- lists thirty-

three counts on the basis of his individual three counts on the basis of his individual criminal responsibility including:criminal responsibility including:

Twelve counts of crimes against humanity (murder, Twelve counts of crimes against humanity (murder, enslavement, sexual enslavement, rape, enslavement, sexual enslavement, rape, inhumane acts of inflicting serious bodily injury inhumane acts of inflicting serious bodily injury and suffering,)and suffering,)

and; and; one counts of war crimes (murder, cruel one counts of war crimes (murder, cruel

treatment of civilians, intentionally directing an treatment of civilians, intentionally directing an attack against a civilian population, pillaging; attack against a civilian population, pillaging; inducing rape, forced enlisting of children.)inducing rape, forced enlisting of children.)

4 others4 others

There are also 4 other persons with There are also 4 other persons with warrants out for their arrest due to warrants out for their arrest due to

similar charges to Kony.similar charges to Kony.

Arrests have yet to be made.Arrests have yet to be made.

Cases against Republic of the Cases against Republic of the CongoCongoThe Case against the Republic of the Congo is not again The Case against the Republic of the Congo is not again

the country itself, but Thomas Lubanga of the the country itself, but Thomas Lubanga of the country.country.

Lubanga was the former leader of the Union of Lubanga was the former leader of the Union of Congolese Patriots.Congolese Patriots.

A sealed (private) warrant for his arrest was declared in A sealed (private) warrant for his arrest was declared in February of 2006.February of 2006.

Reason for warrant; war crime of using children soldiers.Reason for warrant; war crime of using children soldiers.Lubanga was arrested that same day and brought to Lubanga was arrested that same day and brought to

ICC “headquarters”.ICC “headquarters”.It is to be believed that Lubanga will be the first to be It is to be believed that Lubanga will be the first to be

tried in the ICC courtroom. tried in the ICC courtroom.

Case against DarfurCase against Darfur

Investigation has taken place in Darfur but no real Investigation has taken place in Darfur but no real solutions or action has taken place from the ICC. solutions or action has taken place from the ICC.

ICC Prosecutor is nearly finished with the ICC Prosecutor is nearly finished with the investigation of Darfur, originally referred because investigation of Darfur, originally referred because of attacks of governmental buildings along with an of attacks of governmental buildings along with an overall account of “genocide” in the country of overall account of “genocide” in the country of Darfur. Darfur.

ICC Prosecutor found that the evidence in this ICC Prosecutor found that the evidence in this emerging first case, points to specific individuals emerging first case, points to specific individuals who appear to bear the greatest responsibility for who appear to bear the greatest responsibility for war crimes and crimes against humanity including war crimes and crimes against humanity including persecution, torture, murder, and rape.persecution, torture, murder, and rape.

This investigation will be finished soon, following This investigation will be finished soon, following some type of action done by the ICC. some type of action done by the ICC.

Case against Central African Case against Central African RepublicRepublicOn April 13, 2006 the Court of Cassation of the On April 13, 2006 the Court of Cassation of the

Central African Republic investigating charges or Central African Republic investigating charges or murder and rape committed by former President murder and rape committed by former President Ange-Felix Patasse and Congolese Vice-President Ange-Felix Patasse and Congolese Vice-President Jean-Pierre Bemba.Jean-Pierre Bemba.

The allegations against Bemba from when his The allegations against Bemba from when his Movements for the Liberation of Congo rebel army Movements for the Liberation of Congo rebel army was invited by Patasse to fight rebels who were was invited by Patasse to fight rebels who were fighting against Patasse. fighting against Patasse.

Also, given were the cases of a French policeman and Also, given were the cases of a French policeman and two aides of Patasse who were all involved in the two aides of Patasse who were all involved in the alleged crimes, which human rights groups allege alleged crimes, which human rights groups allege had about 400 victims.had about 400 victims.

Again, no action has been made in this case legally.Again, no action has been made in this case legally.

The U.S. and the ICC.The U.S. and the ICC.

As of today, the US is not a party in the As of today, the US is not a party in the ICC. ICC.

Although, the US is a part of the UN, Although, the US is a part of the UN, this does not make them have to be this does not make them have to be part of the ICC.part of the ICC.

The public polls showed in 2005 that The public polls showed in 2005 that 69% of American citizens supported 69% of American citizens supported the U.S. involvement in the ICC.the U.S. involvement in the ICC.

Why not the ICC and US?Why not the ICC and US?

The US passed a Protection Act, called the American The US passed a Protection Act, called the American Servicemembers’ Protection Act, which included provisions Servicemembers’ Protection Act, which included provisions against providing military aid to those countries which had against providing military aid to those countries which had ratified the treaty of establishing the court (ICC included)ratified the treaty of establishing the court (ICC included)

This also included a a number of Bilateral Immunity This also included a a number of Bilateral Immunity Agreements (BIAs, also known as "Article 98 Agreements") Agreements (BIAs, also known as "Article 98 Agreements") with a number of countries, prohibiting the surrender to the with a number of countries, prohibiting the surrender to the ICC of a broad scope of persons including current or former ICC of a broad scope of persons including current or former government officials, military personnel, and U.S. government officials, military personnel, and U.S. employees (including non-national contractors) and employees (including non-national contractors) and nationals. As of 2 August 2006, the US Department of State nationals. As of 2 August 2006, the US Department of State reported that it had signed 101 of these agreements.reported that it had signed 101 of these agreements.[61][61] The United States has cut aid to many countries which have The United States has cut aid to many countries which have refused to sign BIAs refused to sign BIAs

Rumors?Rumors?

There also has been a rumor of There also has been a rumor of possible “genocide” arguments possible “genocide” arguments against Secretary of Defense Donald against Secretary of Defense Donald Rumsfeld, do to the Iraq situation Rumsfeld, do to the Iraq situation and if part of the ICC, he could be and if part of the ICC, he could be charged.charged.

This is not proven nor stated in any This is not proven nor stated in any documents but has been brought up.documents but has been brought up.

ICC in allICC in all

This shows the positives of the ICC and what This shows the positives of the ICC and what they are doing for our world. they are doing for our world.

They are investigating and pursuing public They are investigating and pursuing public and international issues to try to make our and international issues to try to make our world a better place.world a better place.

Though the ICC is not supported in many Though the ICC is not supported in many countries, the United States included, it countries, the United States included, it does not mean that it is not needed for our does not mean that it is not needed for our world to run.world to run.