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International Criminal Court ! !asdf! PMUNC 2015 International Criminal Court Chair: Sukrit Puri ICC PMUNC 2015 ! Contents Chair’s Letter………………………………………………………………3 Introduction………………………………………………………………..4 Founding of the International Criminal Court……………………….4 Organizational Structure……………………………………………..6 The ICC and International Law……………………………………...8 Rules of Procedure………………………………………………….10 Case Assignments………………………………………………………….12 Cases……………………………………………………………………….14 The Prosecutor v. Mehmed Talaat Pasha………………………………….14 The Prosecutor v. Henry Alfred Kissinger…………………………………15 The Prosecutor v. George Walker Bush…………………………………...17 2 ICC PMUNC 2015 ! Chair’s Letter Dear Delegates While I was in high school, Facebook rolled out an update that allowed users to create a list of their Inspirational Persons. Along with Stephen Colbert, I added Henry Kissinger to the list. A few years later, my parents ran into the famous statesman, and my mom unabashedly leapt at the chance to score me his autograph, which I hung up proudly on my wall next to a poster that read, “‘Power is the greatest aphrodisiac’ – Henry Kissinger”. Welcome to the International Criminal Court committee at PMUNC 2015, where we will be trying my hero, Henry Kissinger. The purpose of this committee is to simulate what will never be. Be prepared to prosecute, defend, and judge three world leaders who have never seen and will probably never see a courtroom, but whose actions demand a trial. We will be trying Talaat Pasha posthumously as the man who perpetrated the Armenian Genocide of 1915, an issue often overlooked and airbrushed by history (and also an issue that curiously came to popular attention this year thanks to Kim Kardashian). We will also be trying George W. Bush for overseeing the inhumane torture of detainees in Afghanistan. And finally, we will prosecute the Bismarckian statesman Kissinger for war crimes committed in Cambodia at the end of the Vietnam War. I’m excited to preside over these sessions! A bit about me: I’m a third year student at Princeton, and this will be my fifth PMUNC—I competed at PMUNC in high school too! I’m from New Delhi, India, but I finished my high school in New York, and now I live in Belgium. When I’m not playing FIFA or watching hours of late night talk shows (Conan is a favorite), I study economics, with certificates in political economy and statistics and machine learning. On campus, I’m heavily involved with Princeton’s International Relations Council, and used to captain the Princeton collegiate Model UN team. And these days I’m seeing if I can receive university funding to create a Kanye Appreciation Society of Princeton (it seems unlikely as of this writing). I’m looking forward to a great conference, Sincerely, Sukrit Puri 3 ICC PMUNC 2015 ! Introduction Note: The majority of this introduction to the on their soil or by their citizens.2 Though ICC is identical to that which was contained in the parties to the Rome Statute accepted the background guide for the ICC committee the jurisdiction of the ICC, the purpose of simulated at PMUNC 2014, written by Aaron the court is not to replace the national Hauptman, who was the chair for that committee, laws of its signatories: “The ICC can only and Martha Jachimski. Additional edits have intervene where a State is unable or since been made by Ararat Gocmen. unwilling genuinely to carry out the investigation and prosecute the The Founding of the International perpetrators.”3 In this way, the ICC acts as Criminal Court a fail-safe mechanism to address the most serious crimes in the case that the States The International Criminal Court (ICC) is on their own refuse to act. a relatively recent addition to the world’s set of supranational institutions, with its The desire to create an institution like the founding treaty having entered into effect ICC had its basis in the aftermath of the in 2002. The ICC serves as “the court of Second World War, as the international last resort for the prosecution of community sought to address the genocide, war crimes, and crimes against atrocities committed in the first half of the humanity.”1 The creation of the ICC twentieth century. The brutality of Nazi marked the first time that a collection of Germany shocked the Allies, who set one sovereign states signaled their willingness of their key post-war goals to be the to follow the rulings of a permanent redress and punishment of all those international legal institution charged with involved in the crimes through an the punishing of criminal acts committed 2 http://www.icc- 1 cpi.int/iccdocs/PIDS/publications/UICC http://www.hrw.org/topic/international- Eng.pdf justice/international-criminal-court 3 Ibid. 4 ICC PMUNC 2015 ! organized system of international justice.4 future international criminal justice U.S. Supreme Court Justice Robert M. system, though their unclear rules of Jackson, who served as the Chief US procedure, standards for evidence, and Representative at Nuremberg, saw the lack of international representation make tribunals as a crucial part of the post-war them significantly different from today’s reconciliation, given the levels of brutality ICC. The momentum for the creation of reached by the war, and an important the ICC was reawakened after the end of precedent for future standards of conduct the Cold War, and on July 17th, 1998, the for war: “We must never forget that the conference in Rome to establish the ICC record on which we judge these adopted the Rome Statute.7 The treaty defendants today is the record on which went into effect on July 1st, 2002, with 60 history will judge us tomorrow … We states ratifying the treaty. must summon such detachment and intellectual integrity to our task that this The establishment of the ICC was the trial will commend itself to posterity as product of several ambitions of the fulfilling humanity’s aspirations to do international community. Many justice.”5 Following the end of the war, international legal experts hoped that the the International Military Tribunal at creation of an impartial international court Nuremberg and the International Military would help end some brutal conflicts. Tribunal for the Far East in Tokyo were Former Nuremberg prosecutor Benjamin established, with each of the key Allied B. Ferencz saw the reestablishment of nations appointing justices to try all those justice as a necessary precondition to a who ordered, implemented, and were lasting peace.8 The creation of two recent involved in the campaigns of mass ad hoc tribunals—in the former murder, diaspora, and ethnic cleansing.6 Yugoslavia and in Rwanda—was These courts serve largely as the “moral motivated by the hope that guaranteeing legacy” which formed the basis for a 7 4 http://www.icc- cpi.int/iccdocs/PIDS/publications/UICC http://www.parl.gc.ca/content/lop/resea Eng.pdf rchpublications/prb0211-e.htm 8 5 Ibid. http://legal.un.org/icc/general/overview. 6 Ibid. htm 5 ICC PMUNC 2015 ! the punishment of at least a portion of the war criminals would bring the end of The Office of the Prosecutor is one of the violence more quickly and prevent a key organs of the ICC, with the head resurgence of fighting.9 The establishment prosecutor elected by the Assembly of of the ICC was also intended partially to States party to the Rome Statute. The deter future war criminals, given the Office of the Prosecutor receives and historical lack of punishment for those examines referrals of crimes to the Court who committed the most brutal crimes, to determine whether or not there is a especially those holding high positions of legal basis for future investigations or power.10 proceedings.13 Its mandate creates three divisions within the Office: The Organizational Structure Investigation Division, which is required to cover both incriminating and According to its charter, the Court has exonerating evidence; The Prosecution jurisdiction over international crimes only Division, which is principally responsible when they were committed by a national for litigation; and the Jurisdiction, of or on the territory of one of its Complementarity, and Cooperation member states.11 This requirement may be Division, which assesses the admissibility circumvented when a situation is referred of evidence, coordinates with people to the ICC Prosecutor by the United outside the ICC on investigation, and Nations Security Council, as its handles the Court’s external affairs.14 In resolutions are technically binding on all addition to responding to referrals of UN members, or if a state declares its crimes, the Office of the Prosecutor may willingness to abide by the Court’s also launch its own investigations into ruling.12 potential crimes, which must then be confirmed by a panel of judges in the Pre- 9 Ibid. Trial Chamber of the Court.15 10 Ibid. 13 11 http://www.icc- http://www.icc- cpi.int/en_menus/icc/about%20the%20c cpi.int/iccdocs/PIDS/publications/OTP ourt/icc%20at%20a%20glance/Pages/icc Eng.pdf 14 %20at%20a%20glance.aspx Ibid. 12 Ibid. 15 Ibid. 6 ICC PMUNC 2015 ! •! The disclosure by the Office of In order to judge crimes impartially, the the Prosecutor of any evidence Court also has a division charged with found during the investigation defending those indicted.16 In order to which points to the innocence of ensure the due process rights of all the accused.17 defendants, article 67 of the Rome Statute states that the accused is “entitled to a The Court itself is made up of 18 judges public, impartial and fair hearing.” To that from different member countries, each end the accused is guaranteed the elected for nine year terms by the following provisions: Assembly of States. The election of judges takes into account their individual •! Trial without undue delay competence in criminal law and human rights, as well as the “need to represent •! Defense by a lawyer of their the world’s principal legal systems, a fair choice, along with the ability to representation of men and women, and present evidence and call equitable geographical distribution.”18 witnesses Judges are not allowed to participate in •! Legal assistance provided by the cases in which their impartiality may be in court if they lack the resources to question.19 The judges choose a President appoint their own lawyer and two Vice-Presidents from their ranks.
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