INTERNATIONAL CRIMINAL COURT (ICC)

Sept. 12, 2018

The United States has threatened to impose sanctions on The International Criminal Court (ICC) and prosecute its officials, if Americans are charged with war crimes committed in Afghanistan.

About:

  • Mandate: it is an intergovernmental international tribunal for Criminal prosecution of individuals for four main crimes namely –
    • Genocide,

    • War crimes,

    • Crimes against humanity and

    • Crime of aggression.



  • Established in: 2002 by Rome statue.

  • HQ: Hague, Netherlands. The Court's official seat is in The Hague, Netherlands, but its proceedings may take place anywhere.

  • Jurisdiction:
    • It can exercise its jurisdiction only when national courts are unwilling or unable to investigate or prosecute such crimes.

    • The Court can generally exercise jurisdiction only in three cases, viz.
      • if the accused is a national of a state party,

      • if the alleged crime took place on the territory of a state party or

      • if a situation is referred to the Court by the United Nations Security Council.



    • Judges: 18; Elected for 9-year term.

    • Members: 123 countries. Israel, United States, Russia, china and India are not its member.

    • United States and ICC: The United States has not signed up to the court and in 2002, its Congress passed a law enabling Washington to invade the Netherlands to liberate any U.S. citizen held by the court.

    • Relation with UN:
      • While not a United Nations organization, the Court has a cooperation agreement with the United Nations.

      • When a situation is not within the Court’s jurisdiction, the United Nations Security Council can refer the situation to the ICC granting it jurisdiction.





Source : The Hindu