Helping build a

more just world

International
Criminal
Court
PHOTO © ICC-CPI
“The most
serious crimes
of concern to
the international
community as a
whole must not
go unpunished.”
Preamble to the Rome Statute of the
International Criminal Court
 “To help put an end to
impunity for the
perpetrators of the
most serious crimes of
concern to the
international
community as a whole,
and thus to contribute
to the prevention of
such crimes”.
Mission of the International Criminal Court
I. The ICC
1. What is the International Criminal Court?
The International Criminal Court (“the ICC” or “the Court”) is a permanent international court established to investigate,
prosecute and try individuals accused of committing the most serious crimes of concern to the international community as
a whole, namely the crime of genocide, crimes against humanity, war crimes and the crime of aggression.

2. Why was the ICC established?

Some of the most heinous crimes were committed during the conflicts which marked the twentieth century. Unfortunately,
many of these violations of international law have remained unpunished. The Nuremberg and Tokyo tribunals were
established in the wake of the Second World War. In 1948, when the Convention on the Prevention and Punishment of the
Crime of Genocide was adopted, the United Nations General Assembly recognised the need for a permanent international
court to deal with the kinds of atrocities which had just been perpetrated.
The idea of a system of international criminal justice re-emerged after the end of the Cold War. However, while negotiations
on the ICC Statute were underway at the United Nations, the world was witnessing the commission of heinous crimes in the
territory of the former Yugoslavia and in Rwanda. In response to these atrocities, the United Nations Security Council
established an ad hoc tribunal for each of these situations.
These events undoubtedly had a most significant impact on the decision to convene the conference which established the
ICC in Rome in the summer of 1998.

3. What is the Rome Statute?

On 17 July 1998, a conference of 160 States established the first treaty-based permanent international criminal court. The
treaty adopted during that conference is known as the Rome Statute of the International Criminal Court. Among other
things, it sets out the crimes falling within the jurisdiction of the ICC, the rules of procedure and the mechanisms for States
to cooperate with the ICC. The countries which have accepted these rules are known as States Parties and are represented
in the Assembly of States Parties.
4. How many countries have ratified the
Rome Statute?
Over 120 countries are States Parties to the Rome Statute, representing all regions: Africa, the Asia- Pacific, Eastern
Europe, Latin America and the Caribbean, as well as Western Europe and North America.

5. How is the Court funded?

The Court is funded by contributions from the State Parties and by voluntary contributions from governments,
international organization, individuals, corporations and other entities.

6. How does the ICC differ from other courts?

The ICC is a permanent autonomous court, whereas the ad hoc tribunals for the former Yugoslavia and Rwanda, as well as
other similar court, were established within the framework of the United Nations to deal with specific situations, and only
have a limited mandate and jurisdiction . The ICC which tries individuals, is also different from the International Court of
Justice.

7. Is the ICC an office or agency of the United

Nations?
No. The ICC is an independent body whose mission is to try individuals for crimes within its jurisdiction without the need
for a special mandate from the United Nations. On 4 October 2004, the ICC and the United Nations signed an agreement
governing their institutional relationship.
8. Is the ICC meant to replace national courts?
No. The ICC does not replace national criminal justice systems; rather, it complements them. It can investigate and, where
warranted, prosecute and try individuals only if the State concerned does not, cannot or is unwilling to do so genuinely.
This might occur where proceedings are unduly delayed or are intended to shield individuals from their criminal
responsibility. This is known as the principle of complementarity, under which priority is given to national systems. States
retain primary responsibility for trying the perpetrators of the most serious of crimes.

9. Under what conditions does the ICC exercise its

jurisdiction?
When a State becomes a party to the Rome Statute, it agrees to submit itself to the jurisdiction of the ICC with respect to
the crimes enumerated in the Statute. The Court may exercise its jurisdiction in situations where the alleged perpetrator is
a national of a State Party or where the crime was committed in the territory of a State Party. Also, a State not party to the
Statute may decide to accept the jurisdiction of the ICC. These conditions do not apply when the Security Council, acting
under Chapter VII of the United Nations Charter, refers a situation to the Office of the Prosecutor.

10. Is the ICC’s jurisdiction time bound?

The ICC has jurisdiction only with respect to events which occurred after the entry into force of its Statute on 1 July 2002.
If a State becomes a party to the Statute after its entry into force, the Court may exercise its jurisdiction only with respect
to crimes committed after the entry into force of the Statute for that State, unless that State has made a declaration
accepting the jurisdiction of the ICC retroactively. However, the Court cannot exercise jurisdiction with respect to events
which occurred before 1 July 2002. For a new State Party, the Statute enters into force on the first day of the month after
the 60th day following the date of the deposit of its instrument of ratification, acceptance, approval or accession.

11. Who can be prosecuted before the ICC?

The ICC prosecutes individuals, not groups or States. Any individual who is alleged to have committed crimes within the
jurisdiction of the ICC may be brought before the ICC. In fact, the Office of the Prosecutor’s prosecutorial policy is to focus
on those who, having regard to the evidence gathered, bear the greatest responsibility for the crimes, and does not take
into account any official position that may be held by the alleged perpetrators.
12. If those who bear the greatest responsibility
hold high political or military office, are they not
exempt from prosecution? Can they not be
granted immunity or amnesty?
No one is exempt from prosecution because of his or her current functions or because of the position he or she held at the
time the crimes concerned were com m it ted.

Acting as a Head of State or Government, minister or parliamentarian does not exempt anyone from criminal responsibility
before the ICC.

In some circumstances, a person in a position of authority may even be held responsible for crimes committed by those
acting under his or her command or orders.

Likewise, amnesty cannot be used as a defence before the ICC. As such, it cannot bar the Court from exercising its
jurisdiction.

13. Can the ICC try children?

No. The Court has no jurisdiction with respect to any person who was under the age of 18 when the crimes concerned were
committed.
United in
our
resolve to
end

PHOTO © ICC-CPI
impunity
II. The structure of the ICC
The ICC is composed of four organs: the Presidency, the Chambers, the Office of the Prosecutor and the Registry.
Each of these organs has a specific role and mandate.

1. What does the Presidency do?

The Presidency consists of three judges (the President and two Vice-Presidents) elected by an absolute majority of the 18
judges of the Court for a maximum of two, three-year terms.

In accordance with Article 38 of the Rome Statute, the judges of the Court elected the Presidency on 11 March
2021. It is composed of

Judge Tomoko Akane Judge Rosario Salvatore Aitala Judge Reine Alapini Gansou
(Japan), (Italy), (Benin),
President First Vice-President Second Vice-President
2. What does the Chambers do?
The 18 judges, including the three judges of the Presidency, are assigned to the Court’s three judicial divisions:
the Pre-Trial Division (composed of not less than six judges),
the Trial Division (composed of not less than six judges),
and the Appeals Division (composed of five judges). They are assigned to the following Chambers: the Pre-Trial
Chambers (each composed of one or three judges), the Trial Chambers (each composed of three judges) and the
Appeals Chamber (composed of the five judges of the Appeals Division).

3. What does the Office of the Prosecutor

do?
The Office of the Prosecutor is an independent organ of the Court. Its mandate is to receive and analyse information on
situations or alleged crimes within the jurisdiction of the ICC, to analyse situations referred to it in order to determine
whether there is a reasonable basis to initiate an investigation into a crime of genocide, crimes against humanity, war
crimes or the crime of aggression, and to bring the perpetrators of these crimes before the Court. The Office of the
Prosecutor is headed by the Prosecutor, who is assisted by Deputy Prosecutors, elected by the Assembly of States
Parties.

The Office is divided into two prosecution pillars and an integrated services division. Under the delegated authority of
the Prosecutor, two Deputy Prosecutors manage the two prosecution pillars, which govern an equal division of
Situations and cases based on a unified team concept.

The Deputy Prosecutors oversee preliminary examinations, investigations, prosecutions, and, where applicable,
appeals proceedings; and provide strategic advice and guidance to the Prosecutor on each Situation and case under
their responsibility. The integrated services division centralises the support functions that provide cross-cutting
support to the Office.
4. What does the Registry do?
The Registry helps the Court to conduct fair, impartial and public trials. The core function of the Registry is to provide
administrative and operational support to the Chambers and the Office of the Prosecutor. It also supports the
Registrar’s activities in relation to defence, victims, communication and security matters. It ensures that the Court is
properly serviced and develops effective mechanisms for assisting victims, witnesses and the defence in order to
safeguard their rights under the Rome Statute and the Rules of Procedure and Evidence. As the Court’s official channel
of communication, the Registry also has primary responsibility for the ICC’s public information and outreach activities.
The
gravest
crimes
III. Crimes within the jurisdiction of the ICC

1. Which crimes fall within the jurisdiction of

the ICC?
The mandate of the Court is to try individuals (rather than States), and to hold such persons accountable for the most
serious crimes of concern to the international community as a whole, namely the crime of genocide, war crimes, crimes
against humanity, and the crime of aggression.

2. What is genocide?
According to the Rome Statute, “genocide” means any of the following acts committed with the intent to destroy, in
whole or in part, a national, ethnical, racial or religious group:

▪ killing members of the group;

▪ causing serious bodily or mental harm to members of the group;
▪ deliberately inflicting on the group conditions of life calculated to bring about
its physical destruction in whole or in part;

▪ imposing measures intended to prevent births within the group;

▪ forcibly transferring children of the group to another group.
3. What are crimes against humanity?
“Crimes against humanity” include any of the following acts committed as part of a widespread or systematic attack
directed against any civilian population, with knowledge of the attack:

▪ murder;
▪ extermination;
▪ enslavement;
▪ deportation or forcible transfer of population;
▪ imprisonment;
▪ torture;
▪ rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization , or any other form of sexual violence
of comparable gravity;
▪ persecution against an identifiable group on political, racial, national, ethnic, cultural, religious or gender grounds;
▪ enforced disappearance of persons;
▪ the crime of apartheid;
▪ other inhumane acts of a similar character intentionally causing great suffering or serious bodily or mental injury.
4. What are war crimes?
“War crimes” include grave breaches of the Geneva Conventions and other serious violations of the laws and
customs applicable in international armed conflict and in conflicts “not of an international character” listed in the
Rome Statute, when they are committed as part of a plan or policy or on a large scale. These prohibited acts include:

▪ murder;
▪ mutilation, cruel treatment and torture;
▪ taking of hostages;
▪ intentionally directing attacks against the civilian population;
▪ intentionally directing attacks against buildings dedicated to religion, education, art, science or charitable purposes,
historical monuments or hospitals;
▪ pillaging;
▪ rape, sexual slavery, forced pregnancy or any other form of sexual violence;
▪ conscripting or enlisting children under the age of 15 years into armed forces or groups or using them to participate
actively in hostilities.
5. What is a crime of aggression?
As adopted by the Assembly of States Parties during the Review Conference of the Rome Statute, held in Kampala
(Uganda) between 31 May and 11 June 2010, a “crime of aggression” means the planning, preparation, initiation or
execution of an act of using armed force by a State against the sovereignty, territorial integrity or political independence of
another State.
The act of aggression includes, among other things, invasion, military occupation, and annexation by the use of force,
blockade of the ports or coasts, if it is considered being, by its character, gravity and scale, a manifest violation of the
Charter of the United Nations.

The perpetrator of the act of aggression is a person who is in a position effectively to exercise control over or to direct the
political or military action of a State.
Ensuring
fair trials
IV. How the ICC operates
A. REFERRALS, ANALYSES AND INVESTIGATIONS

1. How do cases come before the Court?

Any State Party to the Rome Statute can request the Office of the Prosecutor to carry out an investigation. A State not party
to the Statute can also accept the jurisdiction of the ICC with respect to crimes committed in its territory or by one of its
nationals, and request the Office of the Prosecutor to carry out an investigation. The United Nations Security Council may
also refer a situation to the Court.

2. Can the Prosecutor decide on his own initiative to open

an investigation?
Yes, if the Office of the Prosecutor receives reliable information about crimes involving nationals of a State Party or of a
State which has accepted the jurisdiction of the ICC, or about crimes committed in the territory of such a State, and
concludes that there is a reasonable basis to proceed with an investigation. Such information can be provided by
individuals, intergovernmental or non-governmental organisations, or any other reliable sources. The Prosecution must,
however, obtain permission from the Pre-Trial Chamber judges before initiating an investigation under such circumstances.

3. What happens when a situation is referred to the ICC for

investigation?
The Prosecutor determines whether, in his or her opinion, the Court has jurisdiction with respect to the alleged crimes. Following a
thorough analysis of the available information, the Prosecution decides whether there is a reasonable basis to proceed with an
investigation. Thus, it must establish whether the crime of genocide, crimes against humanity or war crimes may have been committed
and, if so, whether they were committed after 1 July 2002. The Prosecution must also ascertain whether any national authorities are
conducting a genuine investigation or trial of the alleged perpetrators of the crimes. Lastly, it must notify the States Parties and other
States which may have jurisdiction of its intention to initiate an investigation.
4. How is an investigation conducted?
The Office of the Prosecutor collects the necessary evidence from a variety of reliable sources, independently, impartially, and objectively.
The investigation can take as long as needed to gather the required evidence. If sufficient evidence would be collected to establish that
specific individuals bear criminal responsibility, the Prosecutor would then request Judges of a Pre-Trial Chamber to issue either
summonses to appear or warrants of arrest. The responsibility to enforce warrants of arrest issued by an ICC Chamber remains with States.
States Parties to the Rome Statute have a legal obligation to cooperate fully with the ICC. Other States may be invited to cooperate with the
ICC and may decide to do so on a voluntary basis

5. Will the ICC prosecute all persons suspected of committing the

most serious crimes?
No. The Court will not be able to bring to justice every person suspected of committing crimes of concern to the international community. The
prosecutorial policy of the Office of the Prosecutor is to focus its investigations and prosecutions on those who, having regard to the evidence
gathered, bear the greatest responsibility for such crimes.

6. Can other courts try the perpetrators that the ICC

does not prosecute?
Under the principle of complementarity, national judicial systems retain their responsibility for trying perpetrators of crimes.
B. ARRESTS
1. Who has the power to issue a warrant of arrest or a
summons to appear?
After the initiation of an investigation, only a Pre-Trial Chamber may, at the request of the Prosecution, issue a warrant of
arrest or summons to appear if there are reasonable grounds to believe that the person concerned has committed a crime
within the ICC’s jurisdiction.

2. What happens after a warrant of arrest is issued?

The Registrar transmits requests for cooperation seeking the arrest and surrender of the suspect to the relevant State or to
other States, depending on the decision of the judges in each case.
Once the person is arrested and the Court is so informed, the Court ensures that the person receives a copy of the
warrant of arrest in a language which he or she fully understands and speaks.

3. Does the ICC have the power to arrest suspects?

The Court does not have its own police force. Accordingly, it relies on State cooperation, which is essential to the arrest
and surrender of suspects.
According to the Rome Statute, States Parties shall cooperate fully with the Court in its investigation and prosecution of
crimes within the jurisdiction of the Court.
4. What happens after a person is arrested?
An arrested person is brought promptly before the competent judicial authority in the custodial State, which
determines whether the warrant is indeed for the arrested person, whether the person was arrested consistently
with due process and whether the person’s rights have been respected. Once an order for surrender is issued, the
person is delivered to the Court, and held at the Detention Centre in The Hague, The Netherlands.

The Court does not have its own

police force. Accordingly, it relies
on State cooperation, which is
essential to the arrest and
surrender of suspects. The Court is
the judicial pillar of the Rome
Statute system. The operational
pillar belongs to States, including
the enforcement of Court orders.
C. THE RIGHTS OF SUSPECTS
1. What rights do suspects have?
Suspects are presumed innocent. They are present in the courtroom during the trial, and they have a right to a public,
fair and impartial hearing of their case. To this end, a series of guarantees are set out in the Court’s legal documents,
including the following rights, to mention but a few:

▪ to be defended by the counsel (lawyer) of their choice, present evidence and witnesses of their own and to use a
language they fully understand and speak;
▪ to be informed in detail of the charges in a language which they fully understand and speak;
▪ to have adequate time and facilities for the preparation of the defence and to communicate freely and in confidence with counsel;

▪ to be tried without undue delay;

▪ not to be compelled to testify or to confess guilt and to remain silent, without such silence being a consideration
of guilt or innocence;

▪ to have the Prosecution disclose to the defence evidence in its possession or control which it believes shows or tends
to show the innocence of the accused, or to mitigate the guilt of the accused, or which may affect the credibility of the
Prosecution’s evidence.
D. CONFIRMATION OF CHARGES BEFORE TRIAL

1. Does the confirmation of charges prejudge

the suspect’s guilt?
No. The purpose of the confirmation hearing is to safeguard the rights of suspects by preventing proceedings with
insufficient legal basis from being brought against them. In the pre-trial phase, the Prosecution must support each of the
charges with sufficient evidence to establish substantial grounds to believe that the person committed the crimes charged.
If one or more charges are confirmed, the case is committed to trial before a Trial Chamber.

2. What happens after the confirmation of

charges?
After the confirmation of charges, the Pre-Trial Chamber commits the case for trial before a Trial Chamber, which will
conduct the subsequent phase of the proceedings: the trial.

Before the commencement of the trial, the judges of the Trial Chamber consider procedural issues that may be submitted
to them by the parties and hold hearings to prepare for trial and to resolve procedural matters in order to facilitate the fair
and expeditious conduct of the proceedings.
E. THE TRIAL
1. Where does the trial take place?
Trials takes place at the seat of the Court in The Hague, unless the judges decide to hold the trial elsewhere. This issue
has been raised in several cases. The accused must be present at his or her trial, which is held in public, unless the
Chamber determines that certain proceedings be conducted in closed session in order to protect the safety of victims and
witnesses or the confidentiality of sensitive evidentiary material.

2. How is the trial conducted?

At trial, the Prosecution and Counsel for the Defence have the opportunity to present their case. The Prosecution must
present evidence to the Court to prove that the accused person is guilty beyond all reasonable doubt. This evidence may
be in the form of documents, other tangible objects, or witness statements. The Prosecution must also disclose to the
accused any evidence which may show that he or she is innocent.

The Prosecution presents its case first and calls witnesses to testify. When the Prosecution has finished examining each
witness, the Counsel for the Defence is given the opportunity to also examine the witness.

Once the Prosecution has presented all its evidence, it is the turn of the accused, with the assistance of his or her counsel,
to present his or her defence.
F. JUDGMENT AND SENTENCE
Once the parties have presented their evidence, the Prosecution and the Defence are invited to make their closing
statements. The Defence always has the opportunity to speak last. The judges may order reparations to victims, including
restitution, compensation and rehabilitation. To this end, they may make an order directly against a convicted person.

1. When is the sentence pronounced by the Court?

After hearing the victims and the witnesses called to testify by the Prosecution and the Defence and considering the
evidence, the judges decide whether the accused person is guilty or not guilty.

The sentence is pronounced in public and, wherever possible, in the presence of the accused, and victims or their legal
representatives, if they have taken part in the proceedings.

2. What penalties may be imposed by the Court?

The judges may impose a prison sentence, to which may be added a fine or forfeiture of the proceeds, property and assets
derived directly or indirectly from the crime committed. The Court cannot impose a death sentence. The maximum
sentence is 30 years. However, in extreme cases, the Court may impose a term of life imprisonment.
G. APPEALS AND REVISION
1. When may a decision be appealed?
Any party may appeal the decisions of a Pre-Trial or Trial Chamber. The Prosecution may appeal against a
conviction or acquittal on any of the following grounds: procedural error, error of fact or error of law.
The convicted person or the Prosecution may also appeal on any other ground that affects the fairness or
reliability of the proceedings or the decision, in particular on the ground of disproportion between the sentence
and the crime.
The legal representatives of the victims, the convicted person, or a bona fide owner of property adversely affected
by an order for reparations to the victims may also appeal against such an order.
The Appeals Chamber may reverse or amend the decision or conviction or order a new trial before a different Trial
Chamber.

2. When can a decision be revised?

The convicted person or the Prosecution may apply to the Appeals Chamber to revise a final judgment of
conviction or sentence where:
▪ new and important evidence has been discovered;
▪ it has been newly discovered that decisive evidence, taken into account at trial and upon which the conviction
depends, was false, forged or falsified;
▪ one or more of the judges has committed an act of serious misconduct or serious breach of duty of sufficienft
4
gravity to justify the removal of that judge or those judges from office under the Rome Statute. 7
 Group 7
FRANCISCO, ELAINE
DELA CRUZ, LYRALYN
ESTERIA, MARK JOSHUA
ESTRELLA, IAN RUSELL
DELOS SANTOS, RENZO