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INTERNATIONAL CRIMINAL COURT (ICC)

December 10, 2024

INTERNATIONAL CRIMINAL COURT (ICC)

The ICC is governed by the ‘Rome Statute’, which took effect on 1 July 2002. It is the first permanent, treaty-based international criminal court established to end impunity for perpetrators of the most serious crimes of concern to the international community.

Jurisdiction: Four categories of crimes:

  • Crimes of Genocide: Genocide or the intent to destroy in whole or in part a national, ethnic, racial, or religious group.
  • War Crimes: Grave breaches of the laws of war, including Geneva Convention prohibitions on torture, the use of child soldiers, and attacks on civilian targets, such as hospitals or schools.
  • Crimes against Humanity: Violations committed as part of large-scale attacks against civilian populations, including murder, rape, imprisonment, slavery, and torture.
  • Crimes of Aggression: The use or threat of armed force by a state against the territorial integrity, sovereignty, or political independence of another state, violating the UN Charter.

Significance of ICC

  • Global court for the powerless: The Global South finds empowerment in institutions that protect their rights legally.
  • Permanent deterrent: As a permanent criminal body, ICC helps maintain global discipline through a deterrent mechanism.
  • Broader nature: The court’s reach extends beyond specific territories or conflicts, allowing it to address widespread crimes.
  • Assist Global Institutions: ICC supports global governance institutions like the UN, providing judicial opinions on crucial issues. ​​
  • Rule-based order: ICC helps ensure that global politics is not anarchic by requiring countries to follow rules.
  • Non-Partisan: Guarantees all parties a fair and impartial hearing.
  • Ensuring Human Rights: Ensures countries avoid crimes against humanity.
  • Status Quo in Global World Order: Helps prevent border aggression.
  • Link between Justice and Development: Establishes the Trust Fund for Victims, assisting victims and their families in rebuilding sustainable livelihoods.

 

Limitations of ICC

  1. Limited Jurisdiction: ICC has limited jurisdiction focused primarily on international crimes, limiting its operational scope.
  2. Lack of Enforcement Power: Without its own police force or investigative agency, ICC depends on State parties for support. It lacks a jail or detention center, relying on state cooperation.
  3. Insufficient Checks and Balances: The authority of ICC prosecutors and judges lacks checks.
  4. Less Deterrent Value: Potential war criminals may avoid ICC judgment by taking control of government and refusing cooperation.
  5. Power Poles Not Being a Part: Major powers like India and China are not part of the ICC, affecting its legitimacy.
  6. Non-Compliance: Court judgments can only be enforced through UN Security Council resolutions, with no international police force to ensure compliance.
  7. Funding: ICC suffers from a severe lack of funds for effective, uninterrupted function.
  8. Lack of Retrospective Jurisdiction: The ICC only addresses crimes after July 1, 2002, when the Rome Statute took effect.
  9. Slow and No Decision-Making:
    • Russia-Ukraine: ICC has not issued decisions despite ongoing investigations, with no concrete action.
    • China’s Actions: ICC lacks jurisdiction over many alleged legal violations by China.
    • Greece-Turkey: The Aegean Islands conflict falls outside ICC jurisdiction.
    • Armenia-Azerbaijan: The ICC did not play a significant role during the conflict.
    • Non-Indication of Cases: Low admission rate keeps case pendency low.

 

Why India is Not Part of ICC

  • Nature of Organization: Being under the UNSC, ICC can be influenced by permanent members who can refer or block cases.
  • State Sovereignty: Sending domestic cases to the ICC threatens national sovereignty and domestic court jurisdiction.
  • National Interest: National interests could be compromised on the global stage if cases go against the nation’s position.
  • Terrorism and Nuclear Weapons: Use of nuclear weapons and terrorism are excluded from ICC crimes. ​​
  • Jurisdiction: India abstained from the motion to adopt the Rome Statute, fearing ICC jurisdiction in areas such as Kashmir and the North-East.

 

Way Forward

  • Enforcing Agency: ICC should be provided with an enforcement agency like Interpol.
  • Increased Jurisdiction: ICC should consider cases beyond war crimes to impact global governance.
  • Non-Partisanship: Keeping ICC neutral, especially from Western influence, is crucial for its relevance.
  • Improving Checks and Balances: Make ICC more transparent, less opaque, and free from corruption.
  • Assimilating more parties: Listening to varied perspectives to make ICC more democratic.

The rapidly changing world order sees many conflicts out of executive control. Judiciary involvement is essential for peaceful transitions or maintaining the status quo. Strengthening ICC aims to foster a better world.

 

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