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International Criminal Court

class="reference">[89] There is no subpoena or other means to compel witnesses to come before the court, although the court has some power to compel testimony of those who are, such as fines.[90]

Rights of the accused

The Rome Statute provides that all persons are presumed innocent until proven guilty beyond reasonable doubt,[91] and establishes certain rights of the accused and persons during investigations.[92] These include the right to be fully informed of the charges against him or her; the right to have a lawyer appointed, free of charge; the right to a speedy trial; and the right to examine the witnesses against him or her.

To ensure "equality of arms" between defence and prosecution teams, the ICC has established an independent Office of Public Counsel for the Defence (OPCD) to provide logistical support, advice and information to defendants and their counsel.[93][94] The OPCD also helps to safeguard the rights of the accused during the initial stages of an investigation.[95] However, Thomas Lubanga's defence team say they were given a smaller budget than the Prosecutor and that evidence and witness statements were slow to arrive.[96]

The trial court procedures are similar to the US Guantanamo military commissions.[97][98]

Victim participation and reparations

One of the great innovations of the Statute of the International Criminal Court and its Rules of Procedure and Evidence is the series of rights granted to victims.[99][100] For the first time in the history of international criminal justice, victims have the possibility under the Statute to present their views and observations before the Court.

Participation before the Court may occur at various stages of proceedings and may take different forms, although it will be up to the judges to give directions as to the timing and manner of participation.

Participation in the Court's proceedings will in most cases take place through a legal representative and will be conducted "in a manner which is not prejudicial or inconsistent with the rights of the accused and a fair and impartial trial".

The victim-based provisions within the Rome Statute provide victims with the opportunity to have their voices heard and to obtain, where appropriate, some form of reparation for their suffering. It is this balance between retributive and restorative justice that will enable the ICC, not only to bring criminals to justice but also to help the victims themselves obtain justice.

Article 43(6) establishes a Victims and Witnesses Unit to provide "protective measures and security arrangements, counseling and other appropriate assistance for witnesses, victims who appear before the Court, and others who are at risk on account of testimony given by such witnesses."[101] Article 68 sets out procedures for the "Protection of the victims and witnesses and their participation in the proceedings."[102] The Court has also established an Office of Public Counsel for Victims, to provide support and assistance to victims and their legal representatives.[103] Article 79 of the Rome Statute establishes a Trust Fund to make financial reparations to victims and their families.[104]

Co-operation by states not party to Rome Statute

One of the principles of international law is that a treaty does not create either obligations or rights for third states (pacta tertiis nec nocent nec prosunt) without their consent, and this is also enshrined in the 1969 Vienna Convention on the Law of Treaties.[105] The co-operation of the non-party states with the ICC is envisioned by the Rome Statute of the International Criminal Court to be of voluntary nature.[106] However, even states that have not acceded to the Rome Statute might still be subjects to an obligation to co-operate with ICC in certain cases.[107] When a case is referred to the ICC by the UN Security Council all UN member states are obliged to co-operate, since its decisions are binding for all of them.[108] Also, there is an obligation to respect and ensure respect for international humanitarian law, which stems from the Geneva Conventions and Additional Protocol I,[109] which reflects the absolute nature of IHL.[110] Although the wording of the Conventions might not be precise as to what steps have to be taken, it has been argued that it at least requires non-party states to make an effort not to block actions of ICC in response to serious violations of those Conventions.[107] In relation to co-operation in investigation and evidence gathering, it is implied from the Rome Statute[111] that the consent of a non-party state is a prerequisite for ICC Prosecutor to conduct an investigation within its territory, and it seems that it is even more necessary for him to observe any reasonable conditions raised by that state, since such restrictions exist for states party to the Statute.[107] Taking into account the experience of the ICTY (which worked with the principle of the primacy, instead of complementarity) in relation to co-operation, some scholars have expressed their pessimism as to the possibility of ICC to obtain co-operation of non-party states.[107] As for the actions that ICC can take towards non-party states that do not co-operate, the Rome Statute stipulates that the Court may inform the Assembly of States Parties or Security Council, when the matter was referred by it, when non-party state refuses to co-operate after it has entered into an ad hoc arrangement or an agreement with the Court.[112]

Amnesties and national reconciliation processes

It is unclear to what extent the ICC is compatible with reconciliation processes that grant amnesty to human rights abusers as part of agreements to end conflict.[113] Article 16 of the Rome Statute allows the Security Council to prevent the Court from investigating or prosecuting a case,[114] and Article 53 allows the Prosecutor the discretion not to initiate an investigation if he or she believes that “an investigation would not serve the interests of justice”.[115] Former ICC president Philippe Kirsch has said that "some limited amnesties may be compatible" with a country's obligations genuinely to investigate or prosecute under the Statute.[113]

It is sometimes argued that amnesties are necessary to allow the peaceful transfer of power from abusive regimes. By denying states the right to offer amnesty to human rights abusers, the International Criminal Court may make it more difficult to negotiate an end to conflict and a transition to democracy. For example, the outstanding arrest warrants for four leaders of the Lord's Resistance Army are regarded by some as an obstacle to ending the insurgency in Uganda.[116][117] Czech politician Marek Benda argues that "the ICC as a deterrent will in our view only mean the worst dictators will try to retain power at all costs".[118] However, the United Nations[119] and the International Committee of the Red Cross[120] maintain that granting amnesty to those accused of war crimes and other serious crimes is a violation of international law.

Finance

Contributions to the ICC's budget, 2008

The ICC is financed by contributions from the states parties. The amount payable by each state party is determined using the same method as the United Nations:[121] each state's contribution is based on the country's capacity to pay, which reflects factors such as a national income and population. The maximum amount a single country can pay in any year is limited to 22% of the Court's budget; Japan paid this amount in 2008.

The Court spent €80.5 million in 2007,[122] and the Assembly of States Parties has approved a budget of €90,382,100 for 2008[121] and €101,229,900 for 2009.[123] As of September 2008, the ICC’s staff consisted of 571 persons from 83 states.[124]

Trial history to date

The ICC issued an arrest warrant for Omar al-Bashir of Sudan over alleged war crimes in Darfur.[125]

To date, the Prosecutor has opened investigations into

International institutions
Types
International institutions
Regional bodies
Multi-lateral bodies
Major NGOs
  • Official website
  • Al-Jazeera Inside Story on ICC
  • The States Parties to the Rome Statute
  • United Nations website on the Rome Statute
  • International Criminal Court, International Committee of the Red Cross.
  • The Coalition for the International Criminal Court
  • The International Criminal Court by Amnesty International USA
  • Victims' Rights Working Group
  • "Transnational Crime." Oxford Bibliographies Online: Criminology.
  • Cosy club or sword of righteousness?, The Economist, Nov.26th, 2011. http://www.economist.com/node/21540230.
  • Immunity of state officials from foreign criminal jurisdiction – Bibliographies on the topics of the International Law Commission (no. 8 in the list) (UNOG Library)
  • A collection of primary documents critical to an understanding of the Evolution of the Legal Jurisdiction of the International Criminal Court

External links

  • Bruce Broomhall, International Justice and the International Criminal Court: Between Sovereignty and the Rule of Law. Oxford: Oxford University Press (2003). ISBN 0-19-927424-X.
  • Anne-Marie de Brouwer, Supranational Criminal Prosecution of Sexual Violence: The ICC and the Practice of the ICTY and the ICTR. Antwerp – Oxford: Intersentia (2005). ISBN 90-5095-533-9.
  • Calvo-Goller, Karin, The Trial Proceedings of the International Criminal Court – ICTY and ICTR Precedents, Martinus Nijhoff Publishers, 2006, (ISBN 90 04 14931 7).
  • Calvo-Goller, Karin, La procédure et la jurisprudence de la Cour pénale internationale, (Preface by Pr Robert Badinter), Lextenso éditions – La Gazette du Palais, 2012, (ISBN 978-2-35971-029-8).
  • Antonio Cassese, Paola Gaeta & John R.W.D. Jones (eds.), The Rome Statute of the International Criminal Court: A Commentary. Oxford: Oxford University Press (2002). ISBN 978-0-19-829862-5.
  • Louise Chappell, 'The Role of the ICC in Transitional Gender Justice: Capacity and Limitations' in Susanne Buckley-Zistel/Ruth Stanley (eds.): Gender in Transitional Justice, Palgrave, 2012, pp. 37–58.
  • Hans Köchler, Global Justice or Global Revenge? International Criminal Justice at the Crossroads. Vienna/New York: Springer, 2003, ISBN 3-211-00795-4.
  • Kreicker, Helmut (July 2009). "Immunität und IStGH: Zur Bedeutung völkerrechtlicher Exemtionen für den Internationalen Strafgerichtshof" (PDF). Zeitschrift für internationale Strafrechtsdogmatik (ZIS). 
  • Helmut Kreicker: Völkerrechtliche Exemtionen: Grundlagen und Grenzen völkerrechtlicher Immunitäten und ihre Wirkungen im Strafrecht. 2 vol., Berlin 2007, ISBN 978-3-86113-868-6. See also "S107". Mpicc.de. 30 November 2010. Retrieved 1 March 2011. 
  • Steven C. Roach (ed.) Governance, Order, and the International Criminal Court: Between Realpolitik and a Cosmopolitan Court. Oxford: Oxford University Press (2009). ISBN 978-0-19-954673-2.
  • Roy S Lee (ed.), The International Criminal Court: The Making of the Rome Statute. The Hague: Kluwer Law International (1999). ISBN 90-411-1212-X.
  • Roy S Lee & Hakan Friman (eds.), The International Criminal Court: Elements of Crimes and Rules of Procedure and Evidence. Ardsley, NY: Transnational Publishers (2001). ISBN 1-57105-209-7.
  • Madeline Morris (ed.), "The United States and the International Criminal Court", Law and Contemporary Problems, Winter 2001, vol. 64, no. 1. Retrieved 2007-07-24.
  • William A Schabas, An Introduction to the International Criminal Court (2nd ed.). Cambridge: Cambridge University Press (2004). ISBN 0-521-01149-3.
  • Benjamin N. Schiff. Building the International Criminal Court. Cambridge: Cambridge University Press (2008) ISBN 9780521873123
  • Nicolaos Strapatsas, "Universal Jurisdiction and the International Criminal Court", Manitoba Law Journal, 2002, vol. 29, p. 2.
  • Lyal S. Sunga, "The Crimes within the Jurisdiction of the International Criminal Court (Part II, Articles 5–10)", European Journal of Crime, Criminal Law and Criminal Justice vol. 6, no. 4, pp. 377–399 (April 1998).
  • Lyal S. Sunga, "The Emerging System of International Criminal Law: Developments in Codification and Implementation" (Brill) (1997).
  • Averting Palestinian Unilateralism: The International Criminal Court and the Recognition of the Palestinian Authority as a Palestinian State, Ambassador Dore Gold with Diane Morrison, October 2010
  • Fichtelberg, Aaron. "Fair Trials and International Courts: A Critical Evaluation of the Nuremberg Legacy." Criminal Justice Ethics 28.1 (2009): 5-24. ProQuest Criminal Justice. Web. 16 October 2013.

Further reading

  • Calvo-Goller, Karin, The Trial Proceedings of the International Criminal Court – ICTY and ICTR Precedents, Martinus Nijhoff Publishers, 2006, (ISBN 90 04 14931 7).
  • Calvo-Goller, Karin, La procédure et la jurisprudence de la Cour pénale internationale, (Preface by Pr Robert Badinter), Lextenso éditions – La Gazette du Palais, 2012 (ISBN 978-2-35971-029-8).
  • Fichtelberg, Aaron. "Fair Trials and International Courts: A Critical Evaluation of the Nuremberg Legacy." Criminal Justice Ethics 28.1 (2009): 5-24.
  1. ^ "The International Criminal Court: An Introduction". Retrieved 25 November 2012. The official languages of the ICC are Arabic, Chinese, English, French, Russian and  
  2. ^ International Criminal Court is sometimes abbreviated as ICCt to distinguish it from several other organisations abbreviated as ICC. However the more common abbreviation ICC is used in this article.
  3. ^ a b United Nations Department of Public Information, December 2002. The International Criminal Court. Retrieved 5 December 2006.
  4. ^ a b Dempsey, Gary T. (16 July 1998). "Reasonable Doubt: The Case Against the Proposed International Criminal Court". Cato Institute. Retrieved 31 December 2006.
  5. ^ "Benjamin B Ferencz, Biography". 9 January 2008. Archived from the original on 9 January 2008. Retrieved 1 March 2011. 
  6. ^ International Criminal Court (20 June 2006). "Election of Mr Arthur N.R. Robinson to the Board of Directors of the Victims Trust Fund" at the Wayback Machine (archived September 27, 2007). Retrieved 3 May 2007.
  7. ^ "History of the ICC". Retrieved 4 June 2012.
  8. ^ Coalition for the International Criminal Court. "History of the ICC". Retrieved 31 December 2006.
  9. ^ "Draft Statute for an International Criminal Court, 1994". Retrieved 4 June 2012.
  10. ^ Scharf, Michael P. (August 1998). "Results of the Rome Conference for an International Criminal Court". American Society of International Law. Retrieved 4 December 2006.
  11. ^ a b Amnesty International (11 April 2002). "The International Criminal Court – A Historic Development in the Fight for Justice". Retrieved 20 March 2008.
  12. ^ Coalition for the International Criminal Court. "Judges and the Presidency". Archived from the original on 9 December 2012. Retrieved 9 December 2012.
  13. ^ International Criminal Court (14 October 2005). "Warrant of Arrest Unsealed Against Five LRA Commanders". Retrieved 30 September 2014.
  14. ^ International Criminal Court (9 November 2006). "Prosecutor Presents Evidence That Could Lead to First ICC Trial" at the Wayback Machine (archived July 9, 2007). Retrieved 5 December 2006.
  15. ^ "ICC finds Congo warlord Thomas Lubanga guilty".  
  16. ^ a b International Criminal Court. Assembly of States Parties at the Wayback Machine (archived January 18, 2008). Retrieved 2 January 2008.
  17. ^ a b c International Criminal Court. Structure of the Court, ICC website. Retrieved 16 June 2012
  18. ^ a b c The sum of (a) states parties, (b) signatories and (c) non-signatory United Nations member states is 194. This number is one more than the number of United Nations member states (193) due to the Cook Islands being a state party but not a United Nations member state.
  19. ^ a b c United Nations Treaty Database entry regarding the Rome Statute of the International Criminal Court. Retrieved 10 March 2010.
  20. ^ The 1969 Vienna Convention on the Law of Treaties, Article 18. Accessed 23 November 2006.
  21. ^ John R Bolton, 6 May 2002. International Criminal Court: Letter to UN Secretary General Kofi Annan. US Department of State. Accessed 2006-11-23.
  22. ^ Ukraine accepts ICC jurisdiction over alleged crimes committed between 21 November 2013 and 22 February 2014. ICC press release. 17 April 2014. Retrieved 17 April 2014.
  23. ^ “China's Attitude Towards the ICC”, Lu Jianping and Wang Zhixiang, Journal of International Criminal Justice, 2005-07-06.
  24. ^ India and the ICC, Usha Ramanathan, Journal of International Criminal Law, 2005.
  25. ^ "Declaration by the Palestinian National Authority Accepting the Jurisdiction of the International Criminal Court" (PDF). International Criminal Court. 2009-01-21. Retrieved 2011-04-06. 
  26. ^ ICC Prosecutor's update on the situation in Palestine. 3 April 2012. Retrieved 12 April 2012.
  27. ^ Q&A: Palestinians' upgraded UN status. BBC. 30 November 2012. Retrieved 8 December 2012.
  28. ^ "Report on Preliminary Examination Activities 2013". Office of the Prosecutor of the International Criminal Court. 2013-11-25. Retrieved 2014-08-18. 
  29. ^ a b c d e Article 112 of the Rome Statute. Retrieved 18 October 2013.
  30. ^ Amnesty International, 11 November 2007. Assembly of States Parties of the International Criminal Court. Retrieved 2 January 2008.
  31. ^ a b c d Article 46 of the Rome Statute. Retrieved 18 October 2013.
  32. ^ a b Coalition for the International Criminal Court. Assembly of States Parties. Retrieved 2 January 2008.
  33. ^ Uganda to host Rome Statute Review Conference, Hague Justice Portal
  34. ^ The Presidency.
  35. ^ Article 38 of the Rome Statute. Accessed 18 October 2013.
  36. ^ International Criminal Court, 11 March 2009. Judge Song (Republic of Korea) elected President of the International Criminal Court; Judges Diarra (Mali) and Kaul (Germany) elected First and Second Vice-Presidents respectively. Retrieved 11 March 2009.
  37. ^ a b c International Criminal Court. Chambers at the Wayback Machine (archived July 18, 2007). Retrieved 21 July 2007.
  38. ^ a b Article 36 of the Rome Statute. Retrieved 18 October 2013.
  39. ^ a b Article 41 of the Rome Statute. Accessed 18 October 2013.
  40. ^ a b c d International Criminal Court. Office of the Prosecutor at the Wayback Machine (archived January 19, 2008). Retrieved 21 July 2007.
  41. ^ a b c Article 42 of the Rome Statute. Retrieved 18 October 2013.
  42. ^ a b US Department of State, 30 July 2003. Frequently Asked Questions About the U.S. Government's Policy Regarding the International Criminal Court (ICC) at the Wayback Machine (archived January 9, 2008). Retrieved 31 December 2006.
  43. ^ Henry A. Kissinger. "The Pitfalls of Universal Jurisdiction". Foreign Affairs, July/August 2001, p. 95. Retrieved 31 December 2006.
  44. ^ "Why the law wants a word with Kissinger", Fairfax Digital, 30 April 2002
  45. ^ The Assembly of States Parties to the Rome Statute opens its tenth session. ICC. 14 December 2011. Retrieved 14 December 2011.
  46. ^ a b International Criminal Court. The Registry. Retrieved 21 July 2007.
  47. ^ "The registrar". International Criminal Court. Retrieved 17 August 2013. 
  48. ^ Article 3 of the Rome Statute. Retrieved 18 October 2013.
  49. ^ The legal relationship between the ICC and the Netherlands is governed by a headquarters agreement, which entered into force on 1 March 2008. (See International Criminal Court, 2008: Headquarter Agreement between the International Criminal Court and the Host State at the Internet ArchivePDF (2.23 MB). Retrieved 1 June 2008.)
  50. ^ a b Coalition for the International Criminal Court, 2006. Building – ICC Premises. Retrieved 18 June 2007.
  51. ^ Assembly of States Parties, 14 December 2007. Resolution: Permanent premises at the Internet ArchivePDF (323 KB). Accessed 20 March 2008.
  52. ^ a b "ICC – Permanent Premises". International Criminal Court. Retrieved 19 February 2012. 
  53. ^ International Criminal Court, January 2007. Socorro Flores Liera Head of the Liaison Office to the UN at the Wayback Machine (archived October 10, 2007). Retrieved 10 June 2008.
  54. ^ a b International Criminal Court, 18 October 2007. The Registrar Inaugurates the ICC Field Office in Bangui at the Wayback Machine (archived October 29, 2007). Accessed 10 June 2008.
  55. ^ a b Emma Thomasson, 28 February 2006. ICC says cells ready for Uganda war crimes suspects. Reuters. Retrieved 18 June 2007.
  56. ^ International Criminal Court, 18 October 2005. Report on the future permanent premises of the International Criminal Court: Project Presentation PDF (537 KB), p. 23. Retrieved 18 June 2007.
  57. ^ BBC News, 20 June 2006. Q&A: Trying Charles Taylor. Retrieved 11 January 2007.
  58. ^ Alexandra Hudson, 31 May 2007. "Warlord Taylor's home is lonely Dutch prison". Reuters. Accessed 27 July 2007.
  59. ^
  60. ^ Rome Statute, Article 5.
  61. ^ Rome Statute, Article 6.
  62. ^ Rome Statute, Articles 6(a)–6(e).
  63. ^ Rome Statute, Article 7.
  64. ^ a b c d e f "Elements of Crimes" (PDF). ICC. 2011. Retrieved 2014-09-28. 
  65. ^ Rome Statute, Article 8(2)(c).
  66. ^ Rome Statute, Article 8.
  67. ^ Article 5 of the Rome Statute. Retrieved 20 March 2008.
  68. ^ Rome Statute, Article 8 bis(1).
  69. ^ Rome Statute, Article 8 bis(2).
  70. ^ Rome Statute, Articles 8 bis(2)(a)–8 bis(2)(g).
  71. ^ Rome Statute, Article 70.
  72. ^ Rome Statute, Article 12.
  73. ^ Rome Statute, Article 13(b).
  74. ^ Rome Statute, Article 12.
  75. ^ Rome Statute, Article 13(b).
  76. ^ Rome Statute, Article 29.
  77. ^ Rome Statute, Article 11(1).
  78. ^ Rome Statute, Article 11(2).
  79. ^ Rome Statute, Article 53(1).
  80. ^ Rome Statute, Articles 17(a)–17(c).
  81. ^ Rome Statute, Articles 17(a)–17(c).
  82. ^ Rome Statute, Articles 17(d).
  83. ^ Rome Statute, Article 53(1)(c).
  84. ^ Rome Statute, Article 53(2)(c).
  85. ^ Schabas, William A. (2011). An Introduction to the International Criminal Court.  
  86. ^ Schabas 2011, p. 322.
  87. ^ Schabas 2011, pp. 303–304.
  88. ^ Schabas 2011, p. 304.
  89. ^ a b Schabas 2011, p. 312.
  90. ^ Schabas 2011, p. 316.
  91. ^ Article 66 of the [Rome Statute]. Retrieved 18 October 2013.
  92. ^ The rights of persons during an investigation are provided in Article 55. Rights of the accused are provided in Part 6, especially Article 67. See also Amnesty International, 1 August 2000. The International Criminal Court: Fact sheet 9 – Fair trial guarantees. Retrieved 20 March 2008.
  93. ^ Katy Glassborow (21 August 2006). "Defending the Defenders" at the Wayback Machine (archived May 9, 2007). Global Policy Forum. Retrieved 3 May 2007.
  94. ^ International Criminal Court. "Rights of the Defence" at the Wayback Machine (archived April 22, 2007). Retrieved 3 May 2007.
  95. ^ International Criminal Court, 2005. Report of the International Criminal Court for 2004. Retrieved 3 May 2007.
  96. ^ a b Stephanie Hanson (17 November 2006). Africa and the International Criminal Court. Council on Foreign Relations. Retrieved 23 November 2006.
  97. ^ Shawcross, William (2012). Justice and the Enemy: From the Nuremberg Trials to Khaled Sheikh Mohammed. PublicAffairs. p. 120.  
  98. ^ The New Zealand Law Journal. Butterworths. 2003. p. 468. Nevertheless, most of the procedures of these commissions are not inconsistent with the procedures of other international criminal tribunals including the newly established International Criminal Court at The Hague. 
  99. ^ International Criminal Court. Victims and witnesses at the Wayback Machine (archived July 2, 2007). Accessed 22 June 2007.
  100. ^ Ilaria Bottigliero (April 2003). "The International Criminal Court – Hope for the Victims". 32 SGI Quarterly. pp. 13–15. Accessed 24 July 2007.
  101. ^ Article 43(6) of the Rome Statute. Accessed 18 October 2013.
  102. ^ Article 68 of the Rome Statute. Accessed 18 October 2013.
  103. ^ International Criminal Court, 17 October 2006. Report on the activities of the Court at the Internet ArchivePDF (151 KB). Accessed 18 June 2007.
  104. ^ International Criminal Court. Trust Fund for Victims at the Wayback Machine (archived January 19, 2008). Accessed 22 June 2007.
  105. ^ "Article 34" (PDF).  
  106. ^ Article 87 (5)(a) of the Rome Statute. Retrieved 30 October 2008.
  107. ^ a b c d Zhu, Wenqi (2006). "On Co-Operation by States Not Party to the International Criminal Court" (PDF).  
  108. ^ Article 25 of the UN Charter. Retrieved 30 October 2008.
  109. ^ Article 89 of Additional Protocol I from 1977. Accessed on 30 October 2008.
  110. ^ Military and Paramilitary Activities in and against Nicaragua (Nicaragua v. the United States of America), Merits, Judgment, ICJ Reports 1986, p. 114, para. 220.
  111. ^ Article 99 of the Rome Statute. Retrieved 30 October 2008.
  112. ^ Article 87(5) of the Rome Statute. Accessed on 30 October 2008.
  113. ^ a b Anthony Dworkin (December 2003). "Introduction" in The International Criminal Court: An End to Impunity? Crimes of War Project. Accessed 18 September 2007.
  114. ^ a b Article 16 of the Rome Statute. Accessed 20 March 2008.
  115. ^ Article 53 of the Rome Statute. Accessed 20 March 2008.
  116. ^ Tim Cocks (30 May 2007). "Uganda Urges Traditional Justice for Rebel Crimes" at the Wayback Machine (archived February 21, 2008). Reuters. Accessed 31 May 2007.
  117. ^ Alasdair Palmer (14 January 2007). "When Victims Want Peace, Not Justice". The Sunday Telegraph. Accessed 15 January 2007.
  118. ^ Alena Skodova (12 April 2002). "Czech Parliament Against Ratifying International Criminal Court". Radio Prague. Accessed 11 January 2007.
  119. ^ See, for example, Kofi Annan (4 October 2000). Report of the Secretary-General on the Establishment of a Special Court for Sierra Leone, para. 22. Accessed 31 December 2006.
  120. ^ Jean-Marie Henckaerts & Louise Doswald-Beck, 2005. Customary International Humanitarian Law, Volume I: Rules, pp. 613–614. Cambridge: Cambridge University Press. ISBN 978-0-521-80899-6.
  121. ^ a b "Resolution ICC-ASP/6/Res.4" (PDF, 323 KB). Part III – Resolutions and recommendations adopted by the Assembly of States Parties. International Criminal Court. 14 December 2007. Archived from the original on 9 April 2008. Retrieved 30 October 2011. Programme budget for 2008, the Working Capital Fund for 2008, scale of assessments for the apportionment of expenses of the International Criminal Court and financing appropriations for the year 2008 
  122. ^ "Report on programme performance of the International Criminal Court for the year 2007" (PDF, 309 KB). Assembly of States Parties, Seventh Session. International Criminal Court. 26 May 2008. Archived from the original on 25 June 2008. Retrieved 30 October 2011. 
  123. ^ Programme budget for 2009, the Contingency Fund, the Working Capital Fund for 2009, scale of assessments for the apportionment of expenses of the International Criminal Court and financing appropriations for the year 2009:
    Assembly of States Parties (21 November 2008). "Resolution ICC-ASP/7/Res.1" (PDF). Part III – Resolutions adopted by the Assembly of States Parties. International Criminal Court. Retrieved 30 October 2011. 
  124. ^ "Report on the activities of the Court" (PDF). Assembly of States Parties, Seventh Session. The Hague: International Criminal Court. 29 October 2008. Retrieved 30 October 2011. 
  125. ^ "The world's enduring dictators". CBS News. 16 May 2011.
  126. ^ "Situations and Cases". ICC. Retrieved 2014-09-24. 
  127. ^ "Preliminary Examinations". ICC. Retrieved 2014-11-09. 
  128. ^ "Situations and Cases". ICC. Retrieved 2014-09-24. 
  129. ^ "Preliminary Examinations". ICC. Retrieved 2014-11-09. 
  130. ^ "Situation in the Democratic Republic of the Congo (ICC-01/04)". ICC. Retrieved 2013-12-03. 
  131. ^ "Situation in Uganda (ICC-02/04)". ICC. Retrieved 2013-12-03. 
  132. ^ "Situation in Darfur, Sudan (ICC-02/05)". ICC. Retrieved 2013-12-03. 
  133. ^ a b c d e f "Report on Preliminary Examination Activities 2013" (PDF). ICC. 2013-11-25. Retrieved 2013-12-03. 
  134. ^ a b "Prosecutor of the International Criminal Court, Fatou Bensouda, re-opens the preliminary examination of the situation in Iraq". ICC. 2014-05-13. Retrieved 2014-05-13. 
  135. ^ "OTP response to communications received concerning Venezuela" (PDF). ICC. 2006-02-09. Retrieved 2013-12-03. 
  136. ^ "Situation in the Central African Republic (ICC-01/05)". ICC. Retrieved 2013-12-03. 
  137. ^ "Update on Situation in Palestine" (PDF). ICC. 2012-04-03. Retrieved 2013-12-03. 
  138. ^ "Situation in the Republic of Kenya (ICC-01/09)". ICC. Retrieved 2013-12-03. 
  139. ^ "Situation in the Republic of Korea: Article 5 Report" (PDF). ICC. 2014-06-23. Retrieved 2014-06-24. 
  140. ^ "Situation in Libya (ICC-01/11)". ICC. Retrieved 2013-12-03. 
  141. ^ "Situation in the Republic of Côte d'Ivoire (ICC-02/11)". ICC. Retrieved 2013-12-03. 
  142. ^ "Situation in the Republic of Mali (ICC-01/12)". ICC. Retrieved 2013-12-03. 
  143. ^ "Article 53(1) Report on the situation on Registered Vessels of Comoros, Greece and Cambodia" (PDF). ICC. 2014-11-06. Retrieved 2014-11-06. 
  144. ^ "The Prosecutor of the International Criminal Court, Fatou Bensouda, opens a preliminary examination in Ukraine". ICC. 2014-04-25. Retrieved 2014-04-25. 
  145. ^ "Article 53(1) Report, Situation in the Central African Republic II" (PDF). ICC. 2014-09-24. Retrieved 2014-09-24. 
  146. ^
  147. ^ "OTP response to communications received concerning Iraq" (PDF). ICC. 2013-11-25. Retrieved 2013-12-03. 
  148. ^ "ICC-01/13-1: Decision Assigning the Situation on Registered Vessels of the Union of the Comoros, the Hellenic Republic and the Kingdom of Cambodia to Pre-Trial Chamber I" (PDF). ICC. 2013-07-05. Retrieved 2013-07-09. 
  149. ^ ICC case information sheet on the Lubanga case. Retrieved 22 July 2012.
  150. ^ ICC Appeals Chamber to hold hearings in the Lubanga case on 19-20 May 2014 . ICC press release. 1 May 2014. Retrieved 5 May 2014.
  151. ^ The ICC Appeals Chamber confirms the verdict and the sentence against Thomas Lubanga Dyilo. ICC press release. 1 December 2014. Retrieved 1 December 2014.
  152. ^ Article 110 (3) of the Rome Statute of the International Court states that "[w]hen the person has served two thirds of the sentence, or 25 years in the case of life imprisonment, the Court shall review the sentence to determine whether it should be reduced. Such a review shall not be conducted before that time." Article 78 (3) of the Rome Statute specifies that "[i]n imposing a sentence of imprisonment, the Court shall deduct the time, if any, previously spent in detention in accordance with an order of the Court. The Court may deduct any time otherwise spent in detention in connection with conduct underlying the crime." The Court's Trial Chamber I determined in its sentencing decision that the time since 16 March 2006 is to be deducted from the sentence. Thus, Thomas Lubanga is to be released on or before 16 March 2020. Starting from 16 March 2006, two-thirds of 14 years (nine years and four months) will have elapsed by 16 July 2015.
  153. ^ ICC case information sheet on the Ntaganda case. Retrieved 12 October 2014.
  154. ^ ICC case information sheet on the Katanga case. Retrieved 11 May 2014.
  155. ^ Defence and Prosecution discontinue respective appeals against judgment in Katanga case. ICC press release. 25 June 2014. Retrieved 25 June 2014.
  156. ^ Article 110 (3) of the Rome Statute of the International Court states that "[w]hen the person has served two thirds of the sentence, or 25 years in the case of life imprisonment, the Court shall review the sentence to determine whether it should be reduced. Such a review shall not be conducted before that time." Article 78 (3) of the Rome Statute specifies that "[i]n imposing a sentence of imprisonment, the Court shall deduct the time, if any, previously spent in detention in accordance with an order of the Court. The Court may deduct any time otherwise spent in detention in connection with conduct underlying the crime." The Court's Trial Chamber II determined in its sentencing decision that the time since 18 September 2007 is to be deducted from the sentence. Thus, Germain Katanga is to be released on or before 18 September 2019. Starting from 18 September 2007, two-thirds of 12 years (eight years) will have elapsed by 18 September 2015.
  157. ^ ICC case information sheet on the Chui case. Retrieved 20 February 2013.
  158. ^ ICC case information sheet on the Mbarushimana case. Retrieved 4 August 2011.
  159. ^ Mbarushimana case: ICC Appeals Chamber rejects the Prosecution’s appeal. ICC. Retrieved 30 May 2012.
  160. ^ ICC case information sheet on the Mudacumura case.. Retrieved 8 December 2012.
  161. ^ a b c caseet al.ICC case information sheet on the Kony . Retrieved 4 August 2011.
  162. ^ Vincent Otti is confirmed dead. New Vision. 22 November 2007. Retrieved 28 February 2012.
  163. ^ ICC case information sheet on the Bemba case. Retrieved 4 August 2011.
  164. ^ ICC-01/05-01/08: The Prosecutor v. Jean-Pierre Bemba Gombo. Transcript of proceedings of 13 November 2014. Retrieved 23 November 2014.
  165. ^ caseet al.ICC case information sheet on the Bemba . Retrieved 20 March 2014.
  166. ^ Aimé Kilolo Musamba, Narcisse Arido and Fidèle Babala Wandu released from ICC custody. ICC press release. 23 October 2014. Retrieved 23 October 2014.
  167. ^ Decision pursuant to Article 61(7)(a) and (b) of the Rome Statute. Pre-Trial Chamber II. 11 November 2014. Retrieved 12 November 2014.
  168. ^ ICC case information sheet on the Haroun-Kushayb case. Retrieved 4 August 2011.
  169. ^ ICC case information sheet on the al-Bashir case. Retrieved 4 August 2011.
  170. ^ ICC case information sheet on the Abu Garda case. Retrieved 4 August 2011.
  171. ^ a b ICC case information sheet on the Banda case. Last updated 11 September 2014. Retrieved 25 September 2014.
  172. ^ ICC case information sheet on the Hussein case. Retrieved 1 March 2012.
  173. ^ ICC case information sheet on the Ruto-Sang case. Retrieved 30 April 2012.
  174. ^ ICC case information sheet on the Kenyatta case. Last updated 23 September 2014. Retrieved 25 September 2014.
  175. ^ Statement of the Prosecutor of the International Criminal Court, Fatou Bensouda, on the withdrawal of charges against Mr. Uhuru Muigai Kenyatta. ICC press release. 5 December 2014. Retrieved 6 December 2014.
  176. ^ Warrant of arrest for Walter Osapiri Barasa"The Prosecutor v. Walter Osapiri Barasa"ICC-01/09-01/13: (PDF). ICC. 2013-08-02. Retrieved 2013-10-02. 
  177. ^ a b c ICC case information sheet on the Gaddafi-Senussi case. Retrieved 14 August 2014.
  178. ^ Gaddafi's son 'captured in Libya'. BBC Online. Retrieved 19 November 2011.
  179. ^ ICC case information sheet on the Laurent Gbagbo case. Retrieved 30 November 2011.
  180. ^ Laurent Gbagbo’s trial to open before ICC Trial Chamber I on 7 July 2015. ICC press release. 17 November 2014. Retrieved 17 November 2014.
  181. ^ ICC case information sheet on the Blé Goudé case. Retrieved 14 August 2014.
  182. ^ Blé Goudé case: Confirmation of charges hearing ends at ICC. ICC press release. 2 October 2014. Retrieved 2 October 2014.
  183. ^ ICC case information sheet on the Simone Gbagbo case. Retrieved 8 December 2012.
  184. ^ Situation in Mali. ICC Prosecutor. 16 January 2013. Retrieved 16 January 2013.
  185. ^ Statement of the Prosecutor of the International Criminal Court, Fatou Bensouda, on opening a second investigation in the Central African Republic. ICC press release. 24 September 2014. Retrieved 25 September 2014.
  186. ^ "Abadir M. Ibrahim, The International Criminal Court in Light of Controlling Factors of the Effectiveness of International Human Rights Mechanisms, 7 Eyes on the International Criminal Court (2011)." (PDF). Retrieved 4 November 2011. 
  187. ^ a b International Criminal Court, 1 February 2007. UN Secretary-General visits ICC at the Wayback Machine (archived February 11, 2007). Accessed 1 February 2007.
  188. ^ International Criminal Court, August 2006. Report of the International Criminal Court for 2005–2006 at the Internet ArchivePDF (68.5 KB). Accessed 14 May 2007.
  189. ^ Negotiated Relationship Agreement between the International Criminal Court and the United Nations at the Internet ArchivePDF (130 KB). Retrieved 23 November 2006.
  190. ^ Coalition for the International Criminal Court, 12 November 2004. Q&A: The Relationship Agreement between the ICC and the UN PDF (64.8 KB). Accessed 23 November 2006.
  191. ^ a b c d e f g h i j Schiff, Benjamin (2008). Building the International Criminal Court. Cambridge University Press. 
  192. ^ a b "About the Coalition". Coalition for the International Criminal Court. 
  193. ^ ICC and Africa: A Special Relationship
  194. ^ http://www.reuters.com/article/2011/01/30/ozatp-africa-icc-idAFJOE70T01R20110130 African Union accuses ICC prosecutor of bias
  195. ^ “The” European Union's Africa Policies: Norms, Interests and Impact - By Daniela Sicurelli
  196. ^ Africa and the International Criminal Court: A drag net that catches only small fish?, Nehanda Radio, By William Muchayi, 24 September 2013, http://nehandaradio.com/2013/09/24/africa-and-the-international-criminal-court-a-drag-net-that-catches-only-small-fish/
  197. ^ Europe - From Lubanga to Kony, is the ICC only after Africans?. France 24 (2012-03-15). Retrieved on 2014-04-28.
  198. ^ http://www.irishtimes.com/news/world/africa/kenya-pushing-for-african-split-from-international-criminal-court-1.1549427
  199. ^ Fortin, Jacey (12 October 2013). "African Union Countries Rally Around Kenyan President, But Won’t Withdraw From The ICC".  
  200. ^ Africans urge ICC not to try heads of state - Africa. Al Jazeera English. Retrieved on 2014-04-28.
  201. ^ ICC rules Kenya VP must attend his trial - Africa. Al Jazeera English. Retrieved on 2014-04-28.
  202. ^ Africans push UN to call off 'racist' court - Features. Al Jazeera English. Retrieved on 2014-04-28.
  203. ^ "UN rejects trial deferral for Kenyan leaders".  
  204. ^ Kenya vows to have ICC statute amended
  205. ^ Kaberia, Judie (20 November 2013). "Win for Africa as Kenya agenda enters ICC Assembly". Retrieved 23 November 2013. 
  206. ^ Brett D. Schaefer (9 January 2001). "Overturning Clinton's Midnight Action on the International Criminal Court". The Heritage Foundation. Retrieved 23 November 2006.
  207. ^ Human Rights Watch. "Myths and Facts About the International Criminal Court". Retrieved 31 December 2006.
  208. ^ CNN (2 January 2000). transcriptBurden of Proof. Retrieved 31 December 2006.
  209. ^ Carlan, Philip E.; Nored, Lisa S.; Downey, Ragan A. (2011). An Introduction to Criminal Law. p. 24.  
  210. ^ Maffei, Stefano (2006). The European Right to Confrontation in Criminal Proceedings: Absent, Anonymous and Vulnerable Witnesses. pp. 222–225.  

Notes and references

Limitations exist for the ICC. The Human Rights Watch (HRW) reported that the ICC's prosecutor team takes no account of the roles played by the government in the conflict of Uganda, Rwanda or Congo. This led to a flawed investigation, because the ICC did not reach the conclusion of its verdict after considering the governments’ position and actions in the conflict.

Limitations

In some common law systems, such as the United States, the right to confront one's accusers is traditionally seen as negatively affected by the lack of an ability to compel witnesses and the admission of hearsay evidence,[209][210] which along with other indirect evidence is not generally prohibited.[89]

Among those who argue that the protections offered by the ICC are insufficient is the Heritage Foundation, an American conservative think tank based in Washington DC which stated in 2001 that "Americans who appear before the court would be denied such basic U.S. constitutional rights as trial by a jury of one's peers, protection from double jeopardy, and the right to confront one's accusers."[206] It should be noted, however, that US citizens do not always have a right to a jury trial. In common with the practice of most nation states American service personnel, for example, tried by courts martial do not have a right to a jury trial in the usual sense nor are the panel members necessarily their peers. By contrast Human Rights Watch writes "the ICC has one of the most extensive lists of due process guarantees ever written", including "presumption of innocence; right to counsel; right to present evidence and to confront witnesses; right to remain silent; right to be present at trial; right to have charges proved beyond a reasonable doubt; and protection against double jeopardy".[207] Although the United States actually voted against adoption of the Rome treaty, David Scheffer, who led the US delegation to the Rome Conference maintained "when we were negotiating the Rome treaty, we always kept very close tabs on, 'Does this meet U.S. constitutional tests, the formation of this court and the due process rights that are accorded defendants?' And we were very confident at the end of Rome that those due process rights, in fact, are protected, and that this treaty does meet a constitutional test."[208]

Rights of the accused

Concerning the independent Office of Public Counsel for the Defence (OPCD), Thomas Lubanga's defence team say they were given a smaller budget than the Prosecutor and that evidence and witness statements were slow to arrive.[96]

Critics of the Court argue that there are "insufficient checks and balances on the authority of the ICC prosecutor and judges" and "insufficient protection against politicized prosecutions or other abuses".[42]

Checks and balances

South African President Jacob Zuma said the perceptions of the ICC as “unreasonable” led to the calling of the special AU summit on 13 October. Botswana is a notable supporter of the ICC in Africa.[198] At the summit, the AU did not endorse the proposal for a mass withdrawal from the ICC due to lack of support for the idea.[199] However, the summit did conclude that serving heads of state should not be put on trial and that the Kenyan cases should be deferred. Ethiopian Foreign Minister Tedros Adhanom said: "We have rejected the double standard that the ICC is applying in dispensing international justice."[200] Despite these calls, the ICC went ahead with requiring William Ruto to attend his trial.[201] The UNSC was then asked to consider deferring the trials of Kenyatta and Ruto for a year,[202] but this was rejected.[203] In November, the ICC's Assembly of State Parties responded to Kenya's calls for an exemption for sitting heads of state[204] by agreeing to consider amendments to the Rome Statute to address the concerns.[205]

AU withdrawal proposal

Though the ICC has denied the charge of disproportionately targeting African leaders, and claims to stand up for victims wherever they may be, Kenya was not alone in criticising the ICC. Sudanese President Omar al-Bashir visited Kenya despite an outstanding ICC warrant for his arrest but was not arrested; he said that the charges against him are “exaggerated” and that the ICC was a part of a “western plot” against him. Ivory Coast’s government opted not to transfer former first lady Simone Gbagbo to the court but to instead try her at home. Rwanda’s ambassador to the African Union, Joseph Nsengimana, argued that “It is not only the case of Kenya. We have seen international justice become more and more a political matter.” Ugandan President Yoweri Museveni accused the ICC of “mishandling complex African issues.” Ethiopian Prime Minister Hailemariam Desalegn, the AU chairman, told the UN General Assembly at the General debate of the sixty-eighth session of the United Nations General Assembly: “The manner in which the ICC has been operating has left a very bad impression in Africa. It is totally unacceptable.”

The prosecution of Kenyan Deputy President William Ruto and President Uhuru Kenyatta (charged before becoming president) led to the Kenyan parliament passing a motion calling for Kenya's withdrawal from the ICC, and the country has called on the other 34 African states party to the ICC to withdraw their support, an issue which was discussed at a special African Union summit in October 2013.

The ICC has been accused of bias and as being a tool of Western imperialism, only punishing leaders from small, weak states while ignoring crimes committed by richer and more powerful states. [193][194][195]This sentiment has been expressed particularly by African leaders due to an alleged disproportionate focus of the Court on Africa, while it claims to have a global mandate; to date, all eight situations which the ICC has investigated are in African countries.[196][197]

The ICC has been accused of disproportionately targeting Africans, such as Kenyan President Uhuru Kenyatta

Western Imperialism accusations

Criticisms

Another issue has been that NGOs possess ""exaggerated senses of their ownership over the organization and, having been vital to and successful in promoting the Court, were not managing to redefine their roles to permit the Court its necessary independence."[191] Additionally, because there does exist such a gap between the large human rights organizations and the smaller peace-oriented organizations, it is difficult for ICC officials to manage and gratify all of their NGOs. "ICC officials recognize that the NGOs pursue their own agendas, and that they will seek to pressure the ICC in the direction of their own priorities rather than necessarily understanding or being fully sympathetic to the myriad constraints and pressures under which the Court operates."[191] Both the ICC and the NGO community avoid criticizing each other publicly or vehemently, although NGOs have released advisory and cautionary messages regarding the ICC. They avoid taking stances that could potentially give the Court's adversaries, particularly the US, more motive to berate the organization.

However, NGOs are also "sources of criticism, exhortation and pressure upon" the ICC.[191] The ICC heavily depends on NGOs for its operations. Although NGOs and states cannot directly impact the judicial nucleus of the organization, they can impart information on crimes, can help locate victims and witnesses, and can promote and organize victim participation. NGOs outwardly comment on the Court's operations, "push for expansion of its activities especially in the new justice areas of outreach in conflict areas, in victims' participation and reparations, and in upholding due-process standards and defense 'equality of arms' and so implicitly set an agenda for the future evolution of the ICC."[191] The relatively uninterrupted progression of NGO involvement with the ICC may mean that NGOs have become repositories of more institutional historical knowledge about the ICC than have national representatives to it and have greater expertise than some of the organization's employees themselves. While NGOs look to mold the ICC to satisfy the interests and priorities that they have worked for since the early 1990s, they unavoidably press against the limits imposed upon the ICC by the states that are members of the organization. NGOs can pursue their own mandates, irrespective of whether they are compatible with those of other NGOs, while the ICC must respond to the complexities of its own mandate as well as those of the states and NGOs.

The ICC many time depends on NGOs to interact with local populations. The Registry Public Information Office personnel and Victims Participation and Reparations Section officials hold seminars for local leaders, professionals and the media to spread the word about the Court.[191] These are the kinds of events that are often hosted or organized by local NGOs. Because there can be challenges with determining which of these NGOs are legitimate, CICC regional representatives often have the ability to help screen and identify trustworthy organizations.

NGOs have been crucial to the evolution of the ICC, as they assisted in the creation of the normative climate that urged states to seriously consider the Court's formation. Their legal experts helped shape the Statute, while their lobbying efforts built support for it. They advocate Statute ratification globally and work at expert and political levels within member states for passage of necessary domestic legislation. NGOs are greatly represented at meetings for the Assembly of States Parties and they use the ASP meetings to press for decisions promoting their priorities.[191] Many of these NGOs have reasonable access to important officials at the ICC because of their involvement during the Statute process. They are engaged in monitoring, commenting upon, and assisting in the ICC's activities.

The NGOs that work under the CICC do not normally pursue agendas exclusive to the work of the Court, rather they may work for broader causes, such as general human rights issues, victims' rights, gender rights, rule of law, conflict mediation, and peace.[191] The CICC coordinates their efforts to improve the efficiency of NGOs' contributions to the Court and to pool their influence on major common issues. From the ICC side, it has been useful to have the CICC channel NGO contacts with the Court so that its officials do not have to interact individually with thousands of separate organizations.

  • Promoting worldwide ratification and implementation of the Rome Statute of the ICC
  • Maintaining the integrity of the Rome Statute of the ICC, and
  • Ensuring the ICC will be as fair, effective and independent as possible[192]

CICC members ascribe to three principles that permit them to work under the umbrella of the CICC, so long as their objectives match them:

There are a number of NGOs working on a variety of issues related to the ICC. The NGO International Federation of Human Rights Leagues (FIDH).

NGOs helped birth the ICC through advocacy and championing for the prosecution of perpetrators of crimes against humanity. NGOs closely monitor the organization's declarations and actions, ensuring that the work that is being executed on behalf of the ICC is fulfilling its objectives and responsibilities to civil society.[191] According to Benjamin Schiff, "From the Statute Conference onward, the relationship between the ICC and the NGOs has probably been closer, more consistent, and more vital to the Court than have analogous relations between NGOs and any other international organization."

During the 1970s and 1980s, international human rights and humanitarian Nongovernmental Organizations (or NGOs) began to proliferate at exponential rates. Concurrently, the quest to find a way to punish international crimes shifted from being the exclusive responsibility of legal experts to being shared with international human rights activism.

Nongovernmental organizations

The Court cooperates with the UN in many different areas, including the exchange of information and logistical support.[187] The Court reports to the UN each year on its activities,[187][188] and some meetings of the Assembly of States Parties are held at UN facilities. The relationship between the Court and the UN is governed by a "Relationship Agreement between the International Criminal Court and the United Nations".[189][190]

[186] Unlike the

The UN Security Council referred the situation in Darfur to the ICC in 2005

United Nations

Relationships

  1. ^ A situation is listed here if the Prosecutor of the Court has opened an investigation.
  2. ^ Obviously, only persons who are publicly indicted are listed. The Court can issue an indictment under seal.
  3. ^ If not otherwise noted, the indicted is wanted by warrant of arrest.
  4. ^ The International Criminal Court does currently not have jurisdiction regarding the crime of aggression. An amendment to the Rome Statute to expand the ICC's jurisdiction towards that crime is currently in the process of ratification. Under no circumstances will the Court be able to actually exercise jurisdiction before 1 January 2017.
  5. ^ If there was a warrant of arrest, the dates of transfer to the International Criminal Court (in italics) and of the initial appearance are given. In case of a summons to appear, only the date of the initial appearance is given.
  6. ^ a b c d According to Article 61 (8) of the Rome Statute, "where the Pre-Trial Chamber declines to confirm a charge, the Prosecutor shall not be precluded from subsequently requesting its confirmation if the request is supported by additional evidence."

Notes

Detailed summary of investigations[note 1] and prosecutions by the International Criminal Court
Situation Individuals
indicted
[note 2] 		Indicted[note 3] [note 4] Transfer to ICC
Initial appearance
[note 5] 		Confirmation of charges hearing
Result 		Trial
Result 		Appeal hearings
Result 		Current status Ref.
Date G CAH WC OAJ
Democratic Republic of the Congo
Investigation article 		Thomas Lubanga Dyilo 10 February 2006 — — 3 — 17 March 2006
20 March 2006 		9-28 November 2006
confirmed 29 January 2007 		26 January 2009 – 26 August 2011
convicted 14 March 2012
sentenced 10 July 2012 		19–20 May 2014
verdict and sentence confirmed
1 December 2014 		In ICC custody, convicted and sentenced to 14 years imprisonment; decision final; reparations regime established; release between 16 July 2015 (two-thirds of sentence) and 16 March 2020 [149] [150] [151] [152]
Bosco Ntaganda 22 August 2006
13 July 2012 		— 3 7 — 22 March 2013
26 March 2013 		10-14 February 2014
confirmed
9 June 2014 		to begin
2 June 2015 		In ICC custody; charges confirmed; trial before Trial Chamber VI to begin [153]
Germain Katanga 2 July 2007 — 3 6 — 17 October 2007
22 October 2007 		27 June–18 July 2008
confirmed 26 September 2008 		24 November 2009 – 23 May 2012
convicted 7 March 2014
sentenced 23 May 2014 		Appeals by Prosecution and Defence discontinued In ICC custody; convicted and sentenced to 12 years imprisonment; decision final; reparations regime to be established; release between 18 September 2015 (two-thirds of sentence) and 18 September 2019 [154] [155] [156]
Mathieu Ngudjolo Chui 6 July 2007 — 3 6 — 6 February 2008
11 February 2008 		24 November 2009 – 23 May 2012
acquitted 18 December 2012 		Acquitted by Trial Chamber II, released from ICC custody; Prosecutor has appealed acquittal [157]
Callixte Mbarushimana 28 September 2010 — 5 6 — 25 January 2011
28 January 2011 		16-21 September 2011
dismissed 16 December 2011 		Proceedings finished with charges dismissed, released [note 6] [158] [159]
Sylvestre Mudacumura 13 July 2012 — — 9 — Fugitive [160]
Uganda
Investigation article 		Joseph Kony 8 July 2005 — 12 21 — Fugitive [161]
Vincent Otti — 11 21 — Fugitive, reportedly died in 2007 [161] [162]
Raska Lukwiya — 1 3 — Proceedings finished; died on 12 August 2006 [161]
Okot Odhiambo — 3 7 — Fugitive
Dominic Ongwen — 3 4 — Fugitive
Central African Republic Jean-Pierre Bemba 23 May 2008
10 June 2008 		— 3 5 — 3 July 2008
4 July 2008 		12-15 January 2009
confirmed 15 June 2009 		22 November 2010 – 13 November 2014 In ICC custody, trial before Trial Chamber III closed; decision pending [163] [164]
20 November 2013 — — — 2 23 November 2013
27 November 2013 		in writing
confirmed
11 November 2014 		In ICC custody, charges confirmed, Trial Chamber to be constituted [165] [166] [167]
Aimé Kilolo Musamba — — — 2 25 November 2013
27 November 2013 		Released from ICC custody, charges confirmed, Trial Chamber to be constituted
Fidèle Babala Wandu — — — 2
Jean-Jacques Mangenda Kabongo — — — 2 4 December 2013
5 December 2013 		In ICC custody, to be released, charges confirmed, Trial Chamber to be constituted
Narcisse Arido — — — 2 18 March 2014
20 March 2014 		Released from ICC custody, charges confirmed, Trial Chamber to be constituted
Darfur, Sudan
Investigation article 		Ahmed Haroun 27 April 2007 — 20 22 — Fugitive [168]
Ali Kushayb — 22 28 — Fugitive
Omar al-Bashir 4 March 2009
12 July 2010 		3 5 2 — Fugitive [169]
Bahr Idriss Abu Garda 7 May 2009
(summons) 		— — 3 — 18 May 2009 19-29 October 2009
dismissed 8 February 2010
 Proceedings finished with charges dismissed [note 6] [170]
Abdallah Banda 27 August 2009
(summons)
11 September 2014
(warrant of arrest) 		— — 3 — 17 June 2010 8 December 2010
confirmed 7 March 2011 		At large under warrant of arrest, previously appeared voluntarily, charges confirmed, trial before Trial Chamber IV to begin [171]
Saleh Jerbo 27 August 2009
(summons) 		— — 3 — Proceedings finished; died on 19 April 2013 [171]
Abdel Raheem Muhammad Hussein 1 March 2012 — 7 6 — Fugitive [172]
Kenya
Investigation article 		William Ruto 8 March 2011
(summons) 		— 4 — — 7 April 2011 1-8 September 2011
confirmed 23 January 2012 		began
10 September 2013 		Appearing voluntarily, charges confirmed, trial before Trial Chamber V(a) ongoing [173]
Joshua Sang — 4 — —
Henry Kosgey — 4 — — 1-8 September 2011
dismissed 23 January 2012 		Proceedings finished with charges dismissed [note 6]
Francis Muthaura 8 March 2011
(summons) 		— 5 — — 8 April 2011 21 September – 5 October 2011
confirmed 23 January 2012 		Proceedings finished with confirmed charges withdrawn before trial [174] [175]
Uhuru Kenyatta — 5 — —
Mohammed Hussein Ali — 5 — — 21 September – 5 October 2011
dismissed 23 January 2012 		Proceedings finished with charges dismissed[note 6]
Walter Barasa 2 August 2013 — — — 3 Fugitive [176]
Libya Muammar Gaddafi 27 June 2011 — 2 — — Proceedings finished; died on 20 October 2011 [177]
Saif al-Islam Gaddafi — 2 — — Arrested on 19 November 2011, in custody of Libyan authorities [177] [178]
Abdullah Senussi — 2 — — Proceedings finished with case held inadmissible [177]
Ivory Coast Laurent Gbagbo 23 November 2011 — 4 — — 30 November 2011
5 December 2011 		19–28 February 2013
confirmed
12 June 2014 		to begin
7 July 2015 		In ICC custody; charges confirmed; trial before Trial Chamber I to begin [179] [180]
Charles Blé Goudé 21 December 2011 — 4 — — 22–23 March 2014
27 March 2014 		29 September –
2 October 2014 		In ICC custody, decision on confirmation of charges pending [181] [182]
Simone Gbagbo 29 February 2012 — 4 — — Arrested on 11 April 2011, in custody of Ivorian authorities [183]
Mali
Investigation article 		Investigation initiated [184]
Central African Republic II Investigation initiated [185]
Overview on cases currently active before the ICC (excludes cases against fugitives and reparations proceedings)
Between initial appearance and beginning of confirmation of charges hearing Between beginning of confirmation of charges hearing and beginning of trial Between beginning of trial and judgment Between trial judgment and appeals judgment
Chui
Bemba
Ruto-Sang
Banda
L Gbagbo
Ntaganda
Bemba-Kilolo-Babala-Mangenda-Arido
Blé Goudé
  1. ^ A situation is listed here if an investigation was begun by the Prosecutor.
  2. ^ Indicted but has not yet appeared before the Court.
  3. ^ Indicted and has had at least first appearance; trial has not yet begun.
  4. ^ Trial has begun but has not yet been completed.
  5. ^ Trial has been completed and verdict delivered but appeal is pending.
  6. ^ Indicted but died before the trial and/or appeal (where applicable) was concluded.
  7. ^ Indicted but case was held inadmissible.
  8. ^ Indicted but either charges not confirmed or withdrawn or acquitted. If charges were not confirmed, the Prosecutor may again seek a confirmation with fresh evidence.
  9. ^ Pre-Trial Chamber currently in charge
  10. ^ Trial Chambers currently in charge; once proceedings have moved to the Appeals Chamber, the Trial Chamber designation will be removed here.

Notes

Summary of investigations[note 1] and prosecutions by the International Criminal Court (not including reparations proceedings)
Situation Publicly indicted Ongoing procedures Procedures finished, due to ... PTC TCs
Not before court Pre-Trial Trial Appeal Death Inadmissibility Acquittal Conviction
[note 2] [note 3] [note 4] [note 5] [note 6] [note 7] [note 8] [note 9] [note 10]
Democratic Republic of the Congo 6 1
Mudacumura 		1
Ntaganda 		0 1
Chui 		0 0 1
Mbarushimana 		2
Katanga, Lubanga 		II VI
Ntaganda
Uganda 5 4
Kony, Otti, Odhiambo, Ongwen 		0 0 0 1
Lukwiya 		0 0 0 II
Central African Republic 5 0 4
Kilolo, Babala, Mangenda, Arido (+ Bemba) 		1
Bemba 		0 0 0 0 0 II III
Bemba
Darfur, Sudan 7 4
Haroun, Kushayb, al-Bashir, Hussein 		1
Banda 		0 0 1
Jerbo 		0 1
Abu Garda 		0 II IV
Banda
Kenya 7 1
Barasa 		0 2
Ruto, Sang 		0 0 0 4
Kosgey, Ali, Muthaura, Kenyatta 		0 II V(a)
Ruto-Sang
Libya 3 1
S. Gaddafi 		0 0 0 1
M. Gaddafi 		1
Senussi 		0 0 I
Côte d'Ivoire 3 1
S. Gbagbo 		2
L. Gbagbo, Blé Goudé 		0 0 0 0 0 0 I I
L. Gbagbo
Mali 0 0 0 0 0 0 0 0 0 II
Central African Republic II 0 0 0 0 0 0 0 0 0 II
Total 36 12 8 3 1 3 1 6 2
Situation Referred by Referred on Investigation
announced on 		Status[A] File no. Ref.
Democratic Republic of the Congo Democratic Republic of the Congo 16 April 2004 23 June 2004 Case(s) begun ICC-01/04 [130]
Uganda Uganda 16 December 2003 29 July 2004 Case(s) begun ICC-02/04 [131]
Darfur, Sudan United Nations Security Council 31 March 2005 6 June 2005 Case(s) begun ICC-02/05 [132]
Colombia — — 2006 Preliminary (phase 3) — [133]
Iraq[B] — — 2006 Preliminary (phase 1) — [134]
Venezuela — — 2006 Concluded — [135]
Central African Republic I Central African Republic 7 January 2005 22 May 2007 Case(s) begun ICC-01/05 [136]
Afghanistan — — 2007 Preliminary (phase 3) — [133]
Georgia — — 14 August 2008 Preliminary (phase 3) — [133]
Palestine — — 22 January 2009 Concluded — [137]
Guinea — — 14 October 2009 Preliminary (phase 3) — [133]
Honduras — — 18 November 2009 Preliminary (phase 2b) — [133]
Nigeria — — 18 November 2009 Preliminary (phase 3) — [133]
Kenya Proprio motu — 31 March 2010 Case(s) begun ICC-01/09 [138]
Republic of Korea — — 6 December 2010 Concluded — [139]
Libya United Nations Security Council Case(s) begun ICC-01/11 [140]
Côte d'Ivoire Proprio motu — 3 October 2011 Case(s) begun ICC-02/11 [141]
Mali Mali 13 July 2012 16 January 2013 Investigation begun ICC-01/12 [142]
Registered vessels[C] Comoros 14 May 2013 14 May 2013 Concluded ICC-01/13 [143]
Ukraine — — 25 April 2014 Preliminary (phase 1) — [144]
Central African Republic II Central African Republic 12 June 2014 24 September 2014 Investigation begun ICC-01/14 [145]
Notes

A The Office of the Prosecutor applies different phases to preliminary examinations. Every examination is started with an initial review (phase 1). It is followed by clarifications of jurisdiction, namely temporal, territorial, and personal jurisdiction (phase 2a), on one hand, and subject-matter jurisdiction (phase 2b), on the other hand. After resolving this, the issue of admissibility (phase 3) and interests of justice (phase 4) complete the procedure.[146]
B The preliminary investigation of the situation in Iraq was initially closed on 9 February 2006.[147] However, it was reopened on 13 May 2014.[134]
C The full name is the "situation on registered vessels of the Union of the Comoros, the Hellenic Republic and the Kingdom of Cambodia".[148]


Key:
      Official investigation
      Authorization to open investigation requested
      Preliminary examination ongoing
      Preliminary examination closed

The Court has received complaints about alleged crimes in at least 139 countries, but, currently, the Prosecutor of the Court has opened investigations into [129]
Map of countries where the ICC is currently investigating situations.
ICC investigations
Green: Official investigations
Light red: Ongoing preliminary examinations
Dark red: Closed preliminary examinations

Situations examined

As of December 2014, the Lubanga and Katanga-Chui trials in the situation of the DR Congo were concluded with two individuals convicted and sentenced to 14 and 12 years imprisonment, respectively. Mr Chui was acquitted and released. The Prosecutor has appealed the acquittal. The Bemba trial regarding the Central African Republic has been closed with the decision pending. A fourth trial, in the Ruto-Sang case regarding the situation in Kenya, began in September 2013. The Banda trial in the situation of Darfur, Sudan, was scheduled to begin in 2014 but the start date was vacated. In the Ntaganda case in the DR Congo situation and in the Laurent Gbagbo case in the Côte d'Ivoire situation, trials are to begin in June and July 2015, respectively. The charges against all five suspects in the Bemba et al. OAJ case were confirmed in November 2014; a Trial Chamber is to be established. The confirmation of charges hearing in the Blé Goudé took place in September/October 2014; the decision is pending.

The Court's Pre-Trial Chambers have publicly indicted 36 people. The ICC has issued arrest warrants for 28 individuals and summonses to eight others. Seven persons are in detention. Proceedings against 25 are ongoing: eleven are at large as fugitives, two are under arrest but not in the Court's custody, eight are in the pre-trial phase, another three are at trial, and the prosecution is appealing one individual's acquittal. Proceedings against eleven have been completed: two have been convicted, four have had the charges against them dismissed, two has had the charges against them withdrawn, one has had his case declared inadmissible, and three have died before trial.

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