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When did the Rome Statute of
the International Criminal Court (ICC) enter into force?
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| The 60th ratification needed to create the Court was
received on April 11th at a special event at the United
Nations. This means that the ICC Statute entered into
force on July 1, 2002.
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Why do we need the International Criminal Court?
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| This past century has seen some of the worst
atrocities in the history of humanity.
In too many cases, these crimes have been committed
with impunity, which has only encouraged others to flout
the laws of humanity.
The International Criminal Court is urgently needed
to help end impunity and the gross violations of
international humanitarian law the past century has
witnessed.
Efforts to create a permanent International Criminal
Court gained new momentum with the adoption of the Rome
Statute in 1998.
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What are the key features of the International
Criminal Court? |
| Based in The Hague, the International Criminal Court
will have jurisdiction to prosecute individuals for the
most horrific of crimes: genocide, crimes against
humanity and war crimes.
The jurisdiction of the ICC will be complementary to
national courts, which means that it will only act when
countries are unable or unwilling to investigate or
prosecute.
The ICC also has strong protections for due process,
procedural safeguards to protect it from abuse, and
furthers victims' rights and gender justice under
international law.
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Why was the crime of aggression left out? Doesn't
that weaken the ICC? |
| Countries felt that it was important to include the
crime of aggression in the ICC Statute, but could not
agree on a definition.
The definition for the crime of aggression continues
to be negotiated at the ICC's Preparatory Commission.
The negotiations are difficult, but there has been some
progress.
Assuming that agreement is reached, the definition
will be included within the ICC Statute, when the
Statute is reviewed in seven years.
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Doesn't "complementarily" mean that the
International Criminal Court can never prosecute if a
country has its own trial? |
| The International Criminal Court will complement
national courts so that they retain jurisdiction to try
genocide, crimes against humanity and war crimes.
If a case is being considered by a country with
jurisdiction over it, then the ICC cannot act unless the
country is unwilling or unable genuinely to investigate
or prosecute.
A country may be determined to be "unwilling" when it
is clearly shielding someone from responsibility for ICC
crimes. A country may be "unable" when its legal system
has collapsed.
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How will the International Criminal Court exercise
jurisdiction over a particular situation? |
| Proceedings before the International Criminal Court
may be initiated by a State Party, the Prosecutor or the
Security Council.
The ICC Statute has strict conditions for when
jurisdiction can be exercised, such as complementarity
and the requirement for a territorial or nationality
link.
The jurisdiction of the ICC is based on
"complementarity", which allows national courts the
first opportunity to investigate or prosecute.
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How is the International Criminal Court different
from the ad hoc Tribunals for Rwanda and the former
Yugoslavia? |
| The International Criminal Court is the product of a
multilateral treaty, whereas the Tribunals for Rwanda
and the former Yugoslavia were created by the United
Nations Security Council. Tribunals were created in
response to specific situations and will be in existence
for a limited time. The ICC will be a permanent
international criminal tribunal. The International
Criminal Court will avoid the delays and costs of
creating ad hoc Tribunals and exist independent of the
United Nations.
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How is the International Criminal Court different
from the International Court of Justice (ICJ)?
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| The International Court of Justice does not have
criminal jurisdiction to prosecute individuals. It is a
civil tribunal that deals primarily with disputes
between States. The ICJ is the principle judicial organ
of the United Nations, whereas the ICC will be
independent of the U.N.
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Can the ICC be used to try crimes committed before
the Rome Treaty entrance into force? |
| The ICC will not have retroactive jurisdiction and
therefore will not apply to crimes committed before 1st
July 2002.
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Could the Security Council refer situations to the
ICC? |
| Yes. The United Nations Security Council may refer
situations to the ICC whether or not the countries are
States Parties to the ICC Statute.
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Could the International Criminal Court deal with
terrorist acts within its existing jurisdiction? |
| The International Criminal Court will have
jurisdiction over genocide, crimes against humanity and
war crimes. The ICC may be able to prosecute terrorist
acts when they amount to these crimes. All countries
have a duty to take all necessary steps to prevent the
commission of terrorist acts and bring alleged
terrorists to justice.
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What is the next step for the International Criminal
Court? |
| The ICC Statute entered into force on July 1st and
since that date its provisions became binding
international law.
The final meeting of the ICC Preparatory Commission
was held July 1-12, 2002 in New York, at which much of
the work required to create the Court was completed.
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