ICC Case studies

• What is the ICC?

  Permanent court that prosecutes individuals not states
• Why are individuals tried?

  They have been accused of committing serious crimes
• How many crimes are part of the ICC's jurisdiction?

  4
• Define Genocide

  the intent to destroy in whole or in part a national, ethnic, racial or religious group
• Define War crimes

  laws which include the Geneva conventions prohibitions on torture, use of child soldiers, and attacks on civilians targets such as hospitals or schools
• Define Humanity

  violations committed as part of large-scale, attacks against civilian populations, including murder, rape, imprisonment, slavery, and torture
• Define Crimes of Aggression

  the use of threat of armed force by a state against a territorial integrity, sovereignty, or political independence of another state, or violations of UN charter
• How is the ICC funded?

  Primarily contributions from its member-states however can receive money from individuals, govs or companies
• What is the Rome Statute? When was it created?

  Treaty/Founding document that established the ICC. When state becomes part of Rome Statute they agree to submit itself to the jurisdiction of ICC, , 1998
• How many states have signed Rome Statue

  124
• How many members of security council have signed Rome Statue? What are they?

  2, France and United Kingdom
• What does 'signed but not ratifed mean' in relation to the Rome Statute?

  Meaning they are willing to sign but haven't created national legislation that corresponds to ICC laws and so they are not recognised
• Who can be prosecuted by ICC?

  No adult is immune from prosecution
• Who can't be prosecuted?

  Children under age of 18
• Under what conditions does the ICC exercise its jurisdictions?

  • National citizen of State party member to the ICC
  • Where the crime was committed in the territory of a state party
  • Where a state is not party to the Rome Stature, the UN security council may decide to accept the jurisdiction of the ICC
• Does ICC have enforcement mechanisms?

  No they don't have an enforcement body. They rely on the member-state parties involved to capture, arrest and charge alleged individuals and bring them to the Hague.
• Where is the ICC?

  Hague (Netherlands)
• Why would a state not join?

  If a state's leader could be accused of committing one of the four crimes, they would be reluctant to sign up and so aren't obliged/ can ignore the ICC's jurisdiction
• Is ICC jurisdiction time-bound?

  Yes. It's limited to act on or after 1st July 2002
• Which notable states have not signed treaty?

  China and India
• 1. Ensure the worst perpetrators are held accountable for their crimes.

  Aim #1 of ICC
• Aim #2 of ICC

  1. Serves as a court of last resort to investigate prosecute and punish the perpetrator
• Aim #3 of ICC

  Assist national judiciaries in investigating and prosecuting the worst perpetrators , allowing states to be the first to investigate and prosecute
• Aim #4 of ICC

  Help promote international peace and security by deterring future would be perpetrators
• Rules of ICC

  1. Enforce the Rome Statute
  2. Conducts trials (Genocide, War crimes, Crimes of aggression, Crimes against humanity
  3. Prosecute perpetrators of serious crimes
• ICC Convictions

  Ahmad Al Faqi Al Mahdi (MAL)- Guilty for war crimes 
• What was the reason for Ahmad AL Faqi Al Mahidi conviction?


  Intentionally directing attacks against historical monuments or buildings dedicated to religion - 9 years imprisonment (2016-2025)
• ICC convictions

  Dominic Ongwen (UGA) - Guilty for crimes against humanity + war crimes
• What was reason for Dominic Ogwen conviction?


  Attacks against the civilian population; sexual and gender based crimes; conscription of children under age of 15

  Sentenced: 25 years imprisonment
• "The judges of the chamber and dealing with this case decided to prevent the commission of future crimes." - Piortr Hofmanski, ICC
• Vladimir Putin Case Study


  • Charged with war crimes
  • Unlawful deportation and transfer of children from occupied areas of Ukraine to the Russian Federation
  • Arrest warranted issued: 17 March 2023