International Criminal Court (ICC)

• Military-led West African nations of Burkina Faso, Mali and Niger announced their withdrawal from the International Criminal Court (ICC), branding it a “neo-colonial” imperialist tool.
• A country’s withdrawal takes effect exactly one year after it formally notifies the United Nations Secretary-General.

What is the International Criminal Court (ICC)?

• The International Criminal Court (ICC) is a permanent judicial body based in The Hague, Netherlands.
• It was established under the 1998 Rome Statute, operational since July 1, 2002.
• Purpose: Court of last resort to prosecute crimes that would otherwise go unpunished.
• Membership: 125 member countries, with Ukraine becoming the 125th member in 2025.
  • Notable non-members include the US, Israel, China, Russia, and India.
• Relationship with UN: ICC has a separate agreement with the UN.

ICC’s Organisational Structure

• Assembly of States Parties: Management oversight, elects judges and the prosecutor, and approves the budget.
• Presidency: Conducts external relations, coordinates judicial matters, and oversees the Registry.
• Judicial Divisions: Pre-Trial, Trial, and Appeals Divisions.
• Office of the Prosecutor (OTP): Conducts preliminary examinations, investigations, and prosecutions.
• Registry: Administrative and operational support.
• Trust Fund for Victims: Provides assistance and reparations to victims. (ICC is funded by state parties and voluntary contributions).

ICC’s Jurisdiction and Working

• Crimes: Genocide, crimes against humanity, war crimes, crime of aggression.
• Jurisdiction Conditions:
  • Crime committed in a State Party or by a State Party national.
  • Crime referred by the UN Security Council.
  • Crime committed after July 1, 2002.
• Complementarity Principle: ICC prosecutes cases only when national courts are unable or unwilling to do so.
• Cooperation: Relies on state cooperation for arrests, asset freezes, and sentence enforcement.
• Legal Process:
  • No prosecution for those under 18.
  • Preliminary examination by the Prosecutor.
  • Pre-Trial phase: Warrants issued, evidence assessed.
  • Trial phase: Evidence heard, verdict rendered.
  • Appeals phase: Decisions on appeals.

Limitations of ICC

• Lack of Enforcement Mechanism: No police force; relies on state cooperation.
• Inconsistency: Selective case selection, difficulty in taking on hard cases.
• Bias Accusations: Perceived as a tool of Western imperialism.
• Scarcity of Resources: Limited human and financial resources.
• Procedural Delays: Substantive and procedural deficiencies leading to delays.

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