What is ICC?

• Governed by an international treaty called 'The Rome Statute', the International Criminal Court (ICC) is the world’s first permanent international criminal court.
• It investigates and, where warranted, tries individuals charged with the gravest crimes of concern to the international community: genocide, war crimes, crimes against humanity and the crime of aggression.
• Through international criminal justice, ICC aims to hold those responsible for their crimes and to help prevent these crimes from happening again.
• India is not a party to Rome Statute along with US and China.

What is the History of ICC?

• Following World War II, the Allies initiated the Nuremberg Trials, marking the first global effort to prosecute senior Nazi figures for war crimes.
• However, the concept of a permanent court to address grave international offenses gained traction much later, primarily in the 1990s.
• Despite earlier establishment of ad hoc tribunals by the United Nations for conflicts in Yugoslavia and Rwanda, these were criticized by many legal experts as insufficient deterrents.
• Trinidad and Tobago sparked the discussion for a permanent court in 1989, with increasing support from Europe and Africa in subsequent years.
• African nations form the largest constituency within the ICC, with substantial backing from the European Union since its adoption of a supportive policy in 2011.
• The ICC's foundational Rome Statute was endorsed at a UN conference in July 1998 and came into effect on July 1, 2002, following ratification by over sixty nations.

What is ICC’s Organisational Structure?

• The creation of the ICC stemmed from the Rome Statute, a multinational agreement, establishing it as a global judicial entity.
• Operating autonomously from the United Nations, the ICC's headquarters are in The Hague, Netherlands, with the possibility of convening in alternate locations.
• Comprising four fundamental components, the ICC includes the Presidency, Judicial Divisions, Office of the Prosecutor, and the Registry.
• Each organ plays a distinct role in facilitating the ICC's functions, from overseeing legal proceedings to managing administrative affairs.
• Trust Fund for Victims provides assistance, support and reparations to victims.
• The ICC has field offices in several countries where investigations are being conducted.
• The ICC detention centre is used to hold in safe, secure and humane custody those detained by the ICC.
• The International Committee of the Red Cross (ICRC) is the Detention Centre's inspecting authority and as such has unrestricted access and examine, on unannounced visits.

What about ICC’s Jurisdiction and Working?

• The Rome Statute, grants the ICC jurisdiction over four main crimes:
  • The crime of Genocide
  • Crimes against Humanity
  • War crimes
  • Crime of Aggression

What are the Limitations of ICC?

• As a judicial institution, the ICC does not have its own police force or enforcement body; thus, it relies on cooperation with countries worldwide for support, particularly for making arrests, transferring arrested persons to the ICC detention centre in The Hague, freezing suspects’ assets, and enforcing sentences.
• This State cooperation is problematic for several reasons. It means that the ICC acts inconsistently in its selection of cases, is prevented from taking on hard cases and loses legitimacy.
• It also gives the ICC less deterrent value, as potential perpetrators of war crimes know that they can avoid ICC judgment by taking over government and refusing to cooperate.
• There are insufficient checks and balances on the authority of the ICC prosecutor and judges.
• ICC has been accused of being a tool of Western imperialism and biased in favour of powerful countries against weak states.
• In 2020, the USA authorised sanctions against International Criminal Court (ICC) officials involved in investigations into possible war crimes by USA troops and its allies.
• The United Nations had taken serious note about the USA order.
• The European Union called the USA decision a matter of serious concern.
• The international NGO Human Rights Watch has observed that by penalising war crimes investigators, the USA is openly siding with those who commit and cover up human rights abuses.
• ICC cannot impose a death sentence; it can impose lengthy terms of imprisonment of up to 30 years or life when so justified by the gravity of the cases.
• The ICC court has no retrospective jurisdiction as it can deal only with crimes committed after 1^st July 2002 when the 1998 Rome Statute came into force.
• ICC has automatic jurisdiction only for crimes committed on the territory of a state which has ratified the treaty; or by a citizen of such a state; or when the United Nations Security Council refers a case to it.
• Procedural and substantive deficiencies leading to delays and frustration, have questioned the efficacy of the court.
• It also faces scarcity of human resources and funds.

How is ICC Different from ICJ?

• Unlike the International Court of Justice (ICJ), the ICC is not part of the United Nations system, with the UN-ICC relationship being governed by a separate agreement.
• The ICJ, which is among the UN’s 6 principal organs, mainly hears disputes between nations. It was established in 1945 and is seated at The Hague (Netherlands). Judge Dalveer Bhandari (India) is a member of the Court.
• The ICC, on the other hand, prosecutes individuals– its authority extending to offences committed in a member state or by a national of such a state.

India and ICC

India did not sign the Rome Statute, and thus, is not a member of ICC because of following reasons:

• State sovereignty
• National interests
• Difficulty in collection of evidences
• Problem to find impartial prosecutors
• Crime definition

What Could be the Way Forward?

• States should actively encourage cooperation with ICC and support human rights defenders working towards international justice and the fulfilment of the ICC’s mandate.
• To enhance its credibility the court needs to broaden its ambit by including more permanent members of the UN and by strengthening investigations and prosecutions.
• ICC role is very important as international justice can contribute to long‐term peace, stability and equitable development in post‐conflict societies.
• Having said so it is also important to know that the ICC actively works to build understanding and cooperation in all regions through seminars and conferences worldwide.