ICC at 20: Five things you should know about the International Criminal Court |
In front of Celebrating the 20th anniversary of the establishment of the Court On July 1, 2022, here are five ways the ICC is helping to build a more just world.
1) Try the most serious crimes
The ICC was founded with the “millions of children, women and men” in mind, who “have been victims of unimaginable atrocities that deeply shake the conscience of humanity”. It is the world’s first permanent, treaty-based international criminal court to investigate and prosecute perpetrators of crimes against humanity, war crimes, genocide and crimes against humanity. comb.
During its first 20 years of operation, the ICC tried and resolved cases of significance to international justice, shedding light on charges of using child soldiers, destroying cultural heritage, sexual violence or attacks on innocent civilians. Through its judgments in exemplary cases, it is gradually building up authoritative precedents. 31 cases have been opened. Its judges announced 10 convictions and 4 acquittals.
The court has 17 ongoing investigations into some of the most violent conflicts in the world, such as the Democratic Republic of the Congo, Central African Republic, Georgia and Ukraine.
2) Relating to the victim
Courts not only try and punish those responsible for the most serious crimes, but also ensure that the voices of victims are heard. Victims are those who are harmed by committing any crime within the jurisdiction of the Court.
Victims participate in all stages of ICC judicial proceedings. More than 10,000 victims of brutality have participated in the proceedings, and the Court maintains direct contact with crime-affected communities in its jurisdiction through outreach programs.
Courts also seek to protect the safety and physical and psychological integrity of victims and witnesses. Although victims cannot bring cases, they can bring information to the Prosecutor, including deciding whether to open an investigation.
The ICC Victims Trust is now making the Court’s first order of restitution a reality. Through its support programs, the Foundation has also provided material, psychological and socioeconomic support to more than 450,000 victims.
3) Ensure fair trials
All defendants are presumed innocent until proven guilty beyond a reasonable doubt before the ICC. Each defendant has the right to open and objective proceedings.
At the ICC, suspects and accused persons have important rights, including: to be informed of charges; have sufficient time and means to prepare for national defense; be attempted without undue delay; freedom to choose lawyers; to receive incriminating evidence from the Prosecutor.
Among these rights is the right to follow the proceedings in a language fully understood by the defendant; among others. This has resulted in the Court hiring specialized interpreters and translators in more than 40 languages, and sometimes four languages simultaneously, in the same hearing.
During the first 20 years, the participants were faced with many new substantive and procedural challenges, miles away from the crime scene. In addition, the crimes prosecuted by the ICC are unique in nature and are often mass crimes that require significant amounts of evidence and a great deal of effort to ensure the safety of witnesses. Legal proceedings are complex and there are many issues that need to be resolved in the course of a case.
4) Addition of national courts
Courts do not replace national courts. It is a court of last resort. States have a primary responsibility to investigate, try and punish the perpetrators of the most serious crimes. The Court will only intervene if the State in which serious crimes under the Court’s jurisdiction have been committed are unwilling or unable to actually deal with such crimes.
Serious violence is escalating rapidly around the world. The Court’s resources are still limited and the Court can only handle a small number of cases at a time. The Court coordinates with national and international jurisdictions.
5) Build more support for justice
With the support of 123 member states, from all continents, the ICC has established itself as a permanent and independent judicial body. But unlike national judicial systems, the Court does not have its own police. It depends on the cooperation of the countries, including the execution of the arrest warrant or summons by that country. It also has no territory to relocate witnesses at risk. The ICC therefore depends largely on the support and cooperation of States.
As the Court marks its 20th birthday, the Court is calling on States around the world to renew their support by providing political and financial support, arresting suspects and freezing. their property, through enforcement legislation that enacts key provisions of the Rome Statute in national law, and by entering into voluntary cooperation agreements including arrangements for the relocation of witnesses. ICC.
Only with the new and shared commitment of the international community can the ICC realize its promise of greater justice and reconciliation for all.