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Joining the International Criminal Court Why does it matter? Meet the ICC WHAT IS THE INTERNATIONAL tribunals for Rwanda and the former CRIMINAL COURT (ICC)? Yugoslavia, established by the UN Security Council to deal with specific It is the world’s first permanent situations, or the of international criminal court with Justice, which deals with legal disputes to prosecute individuals between States. Nor is the ICC a responsible for the most serious court as its mandate is to under international , namely , investigate and prosecute specific crimes , crimes defined in the Rome Statute. and the of aggression1. The Rome Statute, the ICC’s founding , was IS THE ICC MEANT TO REPLACE adopted on 17 July 1998 by 120 States, NATIONAL COURTS? and entered into force on 1 July 2002 – the date the Court became operational. No, the ICC is not a substitute for domestic As of January 2018, 123 States are parties courts. The ICC is an independent and to the Rome Statute. impartial institution and a “court of last resort”. In other words, the ICC IS THE ICC A intervenes only in situations where BODY? States themselves are either unwilling or unable to genuinely investigate and The Court is not a United Nations body. prosecute the perpetrators of genocide, The Court is a permanent, independent war crimes and crimes against humanity institution established by an international such crimes. The functioning of the treaty. In 2004, the Court and the UN Court is based on the ‘principle of signed a relationship agreement which complementarity’, under which its States establishes the legal foundation for Parties have affirmed their primary cooperation. The ICC is also different responsibility to investigate, prosecute from the UN ad hoc international criminal and punish the perpetrators of the most heinous crimes under 1 At its sixteenth session held from 4 to 14 December 2017, the Assembly of States Parties decided to activate the Court’s and protect the victims of these crimes. jurisdiction over the crime of aggression as of 17 July 2018. WHEN CAN THE ICC A State not party to the Rome Statute INVESTIGATE CRIMES? may decide to accept the jurisdiction of the Court on an ad hoc basis. The Prosecutor can initiate an investigation following a referral from a IS THE ICC’S JURISDICTION State Party or the UN Security Council. TIME BOUND? When the UN Security Council refers a situation to the Court, it can do so The jurisdiction of the ICC is non- regarding any State member of the UN, retroactive. This means the ICC has no including non-States Parties of the ICC power to investigate events that took (this was for instance the case for Darfur, place before 1 July 2002. For States that Sudan; and Libya). The Prosecutor can ratify or accede after this date, the Court also initiate an investigation on his or her has jurisdiction for crimes committed own initiative, with the authorization only after the Rome Statute has entered of the Judges of the Pre-Trial Chamber. into force in that State Party, unless that The Court may exercise jurisdiction in State declares otherwise. situations where the alleged perpetrator is a national of a State Party, or where a crime was committed on the territory of State Party. The ICC and States WHAT IS THE ROLE OF STATES cooperation, and contribute to a more PARTIES? effective functioning of the Court.

Joining the Rome Statute is a voluntary, ARE STATES PARTIES INVOLVED sovereign decision for each State to make. IN THE COURT’S GOVERNANCE? The Court tries individuals allegedly responsible for crimes falling within its Yes, through their participation in the jurisdiction. The ICC cannot prosecute Assembly of States Parties to the Rome groups or States. States Parties have Statute, in which all States Parties are a limited but important role in the members. The Assembly meets at least proceedings. A State which has referred once a year, provides oversight for the a situation to the ICC can challenge the administration of the Court and approves decision in the event the Prosecutor decides the ICC’s budget. In addition, States can not to initiate an investigation; a State actively participate in shaping the future Party can challenge the admissibility of a of international criminal justice and case or the jurisdiction of the Court; and cooperate on issues related to assistance a State Party can submit amicus curiae and capacity building. briefs. The ICC is funded by the States Parties. Furthermore, under the ICC system, In addition to their annual contributions States Parties have the general obligation to the Court’s budget, States can make to fully cooperate with the Court on voluntary contributions to a number matters related to its investigations and of important special funds, such as the prosecutions. States Parties can conclude Trust Fund for Victims, the Special Funds cooperation agreements with the Court, for Family Visits, or the Special Funds for such as agreements on the enforcement Relocations. The Assembly also elects the of sentences, agreements on witness Judges and the Prosecutor. Joining the relocation and agreements on interim Rome Statute also opens up more career release or final release. These negotiated prospects for nationals, including for the bilateral agreements help States Parties highest positions within the Court. and the Court simplify procedures for WHEN IT COMES TO full implementation of the Rome UNIVERSALITY, WHAT HAVE Statute in New York, in The Hague STATES PARTIES COMMITTED and in different regions; TO? To continue to provide technical and In the 2006 “Plan of action of the financial assistance to States wishing Assembly of States Parties for achieving to become party to the Rome Statute universality and full implementation and those wishing to implement the of the Rome Statute of the ICC”, States Statute in their national legislation; Parties committed: To provide financial and/or other To continue to promote the support to civil society, academia, universality and full implementation international organisations and of the Rome Statute; professional associations that provide technical assistance; To continue to disseminate information on the Court at the To continue to contribute to the Trust national, regional and international Fund for Least Developed Countries level; and other developing States in order to promote the attendance of non- To continue to provide the States Parties to the sessions of the Secretariat of the Assembly of States Assembly of States Parties; and Parties with updated information relevant to the universality and full To continue to cooperate with the implementation of the Rome Statute; Court.

To organise seminars, panel discussions and events focusing on promoting the universality and

Why join the Rome Statute JOINING THE ROME STATUTE JOINING THE ROME IS AN EXPRESSION OF STATUTE CONTRIBUTES SOLIDARITY WITH THE TO THE PREVENTION AND VICTIMS DETERRENCE OF FUTURE CRIMES Victims have the right to participate in the proceedings before the Court through Through its preliminary examinations, a legal representative. States Parties to investigations and judicial processes, the Rome Statute have established a the ICC’s work can help prevent future Trust Fund for Victims, an independent crimes from happening by putting institution through which victims and potential perpetrators on notice that their families can receive assistance anyone may be held responsible if they and reparations, including restitution, commit core international crimes. compensation and rehabilitation. JOINING THE ROME STATUTE JOINING THE ROME STATUTE IS REINFORCES THE EQUALITY OF A POWERFUL FOREIGN POLICY ALL BEFORE THE LAW STATEMENT The Rome Statute sets one standard for States Parties and the international all – no one is below or above the law. community continue to reaffirm their As official capacity is irrelevant under commitment to the ICC. Ratifying or the Rome Statute, all individuals can be acceding to the Rome Statute shows brought to justice for grave international commitment to international law and crimes. and security and strengthens the resolve of multilateral . of the ICC Rome Statute

Universality

2018 2012 123 2005 121 states 2002 states 1999 100 87 states 6 states states 10th anniversary

Entry into force of the Rome Statute JOINING THE ROME STATUTE international organisations, including IS A SOUND INVESTMENT the UN Secretariat, the Secretariat of IN STRENGTHENING STATES the Commonwealth and the European PARTIES’ OWN CRIMINAL Union, provide technical assistance in the JUSTICE SYSTEMS drafting of appropriate domestic or amendments to national legislation. In order to fulfil their obligations Universality under the Rome Statute, States Parties THE COURT PLAYS A KEY must implement the Rome Statute by ROLE IN THE INTERNATIONAL enacting domestic legislation containing COMMUNITY’S EFFORTS TO provisions on cooperation. Adopting END IMPUNITY national implementing legislation provides States Parties, among others, So far the Court has made significant with the opportunity to exercise domestic progress in prosecuting those responsible jurisdiction over core international crimes for mass crimes. The ICC was set up as a and to strengthen their own criminal contribution to a collective global effort justice systems. to build a safer world for everyone. Its primary mission is to help put an end The to impunity for mass atrocities. Every recognises that the ratification of the State that ratifies the Rome Statute Rome Statute and the enactment of helps strengthen the ICC system and national implementing legislation contributes to the prevention of such can be a complex matter, especially future crimes. States not party to the due to the multitude of differences Rome Statute are encouraged to consider between various legal systems. In this ratification or accession as universal regard, technical assistance is available ratification enhances the legitimacy and from several sources. Numerous effectiveness of the Court. States Parties to the Rome Statute and

This publication was produced with the financial support of the . Its contents are the sole responsibility of the International Criminal Court (ICC) and do not necessarily reflect the views of the European Union.