The system of the international criminal court 39 chapter ii complementarity in the rome statute 43 1. Unless otherwise provided for in this statute, the pretrial chamber shall exercise its functions in accordance with the provisions of this article. Rome statute of the international criminal court 7 rome statute of the international criminal court preamble the states parties to this statute, conscious that all peoples are united by common bonds, their cultures pieced together in a shared heritage, and concerned that this delicate mosaic may be shattered at any time. Complementarity, a pillar of the rs system, reinforces that the icc is a court. The court may sit elsewhere, whenever it considers it desirable, as provided in this statute. The court shall have international legal personality. Text of the rome statute circulated as document aconf. Icc moot court competition in the english language the counsel for the state of astipur team number. Article 53 of the statute of the icc is one of the statute articles, which raises such concern. It shall be a permanent institution and shall have the power to exercise its jurisdiction over persons for the most serious crimes of international concern, as. Rules 48 and 104 of the rules of procedure and evidence lead to a partial overlap between article 15 and 53 rome statute and the same factors need to be assessed situation in the republic of kenya, icc pt.
Oct 23, 2018 the international criminal court icc was established on july 17, 1998 when 120 countries adopted the rome statute, the treaty establishing the icc. Expanding jurisdiction over war crimes under article 8 of the. Referencing patterns at the international criminal court. Introduction it has become popular in recent years to suggest that state sovereignty, as a phenomenon in the international legal system. Statute of the court international court of justice. The interests of justice under the icc prosecutor power. Under article 53 of the rome statute, the prosecutor should not initiate an investigation if she determines there is. Article 74 of the statute icc 010401062842, trial chamber i 5 april 2012 tates stipurof a 9 44. While the title suggests otherwise, article 53 icc statute is not only relevant to the initiation of the investigation, but also. Defining the scope of prosecutorial discretion in article 531c and 2c of the rome statute of the international criminal court the international. Introduction international criminal court article 98. Situation on the registered vessels of the union of the comoros, the hellenic republic, and the kingdom of cambodia, case no. Rome conference proceedings reveal that india did not vote in favour of the rome statute, primarily due to the following reasons.
Rome statute of the international criminal court the text of the rome statute reproduced herein was originally circulated as document aconf. Initiation of an investigation general remarks article 53 icc statute becomes relevant once a situation has been triggered, be it on the basis of a referral by the security council or a state party, or on the basis of the proprio motu powers of the prosecutor. Under article 53 of the rome statute, the prosecutor should not initiate an investigation if she determines there is no reasonable basis to proceed or an investigation would not serve the interest of justice. Article 531 of the icc statute provides that the prosecutor shall, after evaluating the information that is available to it, initiate an investigation. The icc s role in combatting the destruction of cultural heritage 25 in which the defendant made an admission of guilt. The text of the rome statute reproduced herein was originally circulated as document. Investigation and prosecution article 53 initiation of an investigation article 54 duties and powers of. Commentary on the rome statute, ox ford university press, oxford, 2010, pp. Rome statute of the international criminal court articles. This is a complaint for the opening of an inquiry by the prosecutor at the international criminal court under article 15 of the rome treaty to investigate the urgent and important question of the likely creation and release, accidental or otherwise, of a variation of coronavirus known as covid19 by the peoples republic of china and its. In accordance with the decision of the assembly of states parties to the rome statute of the international criminal court hereinafter the assembly, taken at the th meeting of its fifteenth session, on 24 november 2016, the assembly held its sixteenth session from 4 to 14 december 2017. The limits of article 82biv of the rome statute, the.
The meaning of the interests of justice in article 53 of the rome statute 2005. The jurisdiction of the court shall be limited to the most serious crimes of concern to the international community as a whole. African union, au, international criminal court, icc, security council power to defer icc situations and investigations, article 16 rome statute, au concerns about icc, au proposal to amend art. For the purpose of this statute, genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such. Apr 22, 2016 article 21 of the icc s founding statute the rome statute is unique among international tribunals. The court has jurisdiction in accordance with this statute with respect to the following crimes. The rome statute of the international criminal court.
It considers three arguments an interpretation of article 53 in accordance with the relevant rules on treaty. Transitional justice and the international criminal court icrc. If a government argues that it cannot surrender a corporate executive of u. Assembly of states parties to the rome statute of the. The continuing functions of article 98 of the rome statute. Rome statute of the international criminal court articles 34. Article 21 of the icc s founding statute the rome statute is unique among international tribunals. The prosecutor announced her decision not to investigate the mavi marmara inci. Expanding jurisdiction over war crimes under article 8 of. The iccs role in combatting the destruction of cultural. This report presents grcs findings in a twochapter report. The rome statute includes article 98, which states. Establishment of the court article 1 the court an international criminal court the court is hereby established. Rome statute of the international criminal court contents.
Under article 531 and 2 of the icc statute the pretrial chamber of. Arbitration rules icc international chamber of commerce. In the case of the international criminal court icc or the court, the pretrial chamber ptc will issue such an arrest warrant, upon an application by the prosecutor. Statute of the international criminal court article 8. The rome statute includes article 98, which states article 982 cooperation with respect to waiver of immunity and consent to surrender. In the case of an application under article 362 of the rules or of a remission pursuant to article 364 of the rules, the court may fix an advance to cover additional fees and expenses of the arbitral tribunal and additional icc administrative expenses and may make the transmission of such application to the arbitral tribunal subject to the. This article examines the possibility of employing the rome statutes article 53 so as to allow these two mechanisms to operate in a complementary manner. The complementarity regime of the international criminal. At least three months before the date of the election, the secretarygeneral of the united nations shall address a written request to the members of the permanent court of arbitration belonging to the states which are parties to the present statute, and to the members of the national groups appointed under article 4, paragraph 2, inviting them. It encompasses both complementarity and gravity situation in the republic of kenya, icc pt. Gravity threshold before the international icd brief 19. Critical evaluation of indias position on the rome statute.
Transitional justice and the international criminal court. Subparagraphs 1 c and 2 c confer on the prosecutor the prerogative to decline an investigation. Article 82biv of the rome statute prohibits intentionally launching an attack in the knowledge that such attack will cause incidental loss of life or injury to civilians or damage to civilian objects or widespread, longterm and severe damage to the nonhuman environment which would be clearly excessive in relation to the concrete and direct overall military. Rome statute of the international criminal court 2 1. Pdf gravity in the statute of the international criminal.
Rome statute of the international criminal court part 1. The international criminal court icc was established on july 17, 1998 when 120 countries adopted the rome statute, the treaty establishing the icc. Article 12 2 a of the rome statute provides that the icc may exercise its jurisdiction over a crime if the state on the territory of which the conduct in question occurred is a party to the statute or has accepted the courts jurisdiction by a declaration. By entering this website, you consent to the use of technologies, such as cookies and analytics, to customise content, advertising and provide social media features. Under article 9 of the statute of the yugoslav tribunal and article 8 of that of the rwanda tribunal, in case of concurrent jurisdiction by the tribunals and national courts, the tribunals have primacy over national courts. It has become commonplace to paraphrase that provision as stating that the. Assessing the african union concerns about article 16 of the rome. Your use of this heinonline pdf indicates your acceptance.
The preamble of the rome statute of the international criminal court and article 1 refer to the international criminal court icc as an in ternational institution that shall be complementary to national crimi nal jurisdictionsvthis complementary relationship between the icc and national criminal jurisdictions means that, as opposed to. The admissibility assessment visavis domestic proceedings 46 3. Excerpts from the statute of the international criminal court article 5 crimes within the jurisdiction of the court. Article 531 of the icc statute provides that the prosecutor shall, after evaluating the information that is available to it, initiate an investigation unless it determines that there is no reasonable basis to proceed under the icc statute. The rome statute was based on respect for individual rights and freedoms and included mechanisms to ensure impartial justice, the icc could not be viewed as an extraordinary or special court, the latter being national courts which replace ordinary courts and which do not apply established legal procedures. Under article 531 and 2 of the icc statute the pretrial chamber of the icc will ultimately decide whether a prosecutorial decision to proceed with or cease an investigation is in the. The meaning of the interests of justice in article 53 of the rome. The rome statute entered into force on july 1, 2002. The achievements of the last 14 years in establishing the icc have been groundbreaking, yet much more remains to be done to ensure a fully international and strong justice system. The iccs role in combatting the destruction of cultural heritage.
Article 82biv of the rome statute prohibits intentionally launching an attack in the knowledge that such attack will cause incidental loss of life or injury to civilians or damage to civilian objects or widespread, longterm and severe damage to the nonhuman environment which would be clearly excessive in relation to the concrete and direct overall military advantage. This article assesses the claim that, should the pretrial chambers ruling become the consensus jurisprudence of the icc, article 98 has been effectively read out of the rome statute that it has been rendered redundant, nonoperational, andor meaningless. Article 982 cooperation with respect to waiver of immunity and consent to surrender. What is the gravity threshold for an icc investigation. Text of article 8 of the statute of the international criminal court. Rome statute of the international criminal court pmbl.
Ii, decision pursuant to article 15 of the rome statute on the authorization of an investigation into the situation in the republic of. Ukraine and the international criminal court executive summary between september 2015 and march 2016, global rights compliance grc examined ukraines relationship with the international criminal court icc and its governing lawthe rome statute. Issuance of a warrant of arrest or summons by the icc. Article 29 nonapplicability of statute of limitations.