Development of the International Criminal Court

Course : International criminal law Lecture : Hady Credit Hours : 3 Credits Semester Sessions : 3 Semester, 2021/2022 Session Prepared By : Pegyy Dania LECTURE NOTES Development of the International Criminal Court (International Criminal Court/ICC) In the 1990s the UN held several meetings and conferences where representatives from various countries work together to design a Statute that would create an international criminal court. After hard work carried out by the international design committee, in July 1998, an international conference was held in Rome, Italy, involving participants from 160 countries. By the end of 1998, 120 countries voted to adopted the Rome Statute of the International Criminal Court. At the time the Rome Statute was adopted, it had been decided that after 60 states ratifies the Statute, and therefore agrees to be bound by its provisions provisions, the International Criminal Court will be established. At the time, this may be achieved in a few years. But before 2002, the number the minimum of 60 ratifying countries was met, and thus allowing the establishment of the court. At the moment, more than 100 countries has ratified the Rome Statute, which makes these States into parties/participants to the Convention. There are several notable exceptions among participating States. The United States, India, China, Russia and Japan are not participants, however, Japan has announced that it immediately ratified the Rome Statute. Asia in general is not overrepresented among Participating countries. Indonesia plans to become a participant after ratified the Rome Statute in 1998. In the past, the UN Security Council (UNSC) has established several ad hoc (temporary) international criminal courts such as the Court Penalty for Yugoslavia (ICTY) and Rwanda (ICTR). However, the court-This court is only given jurisdiction to try cases involving a conflict certain times in the past. The Rome Statute created a permanent criminal court first, which has the ability to prosecute the individual who committed it the most serious international crimes. Although the UN has organized preparatory steps for its formation the court, but the court is not a UN body. ICC is an independent body, with a mandate based on The statute itself. Countries that are parties to the Rome Statute with ratified it, was responsible for establishing and running the Court it, not the UN. The participating States have established a Council of Para Participating States (Assembly of State Parties) which meets annually for consider issues related to the administration of justice incl the budget. This board is also responsible for any changes to Rome Statute, although the Council has decided that no change will be made before 2009. Since this court is not a UN body, it only has authority over States which have voluntarily bound themselves to its provisions. Thus, countries that have not yet ratified The Rome Statute does not fall under the jurisdiction of the ICC, except for its citizens commit a crime within the borders of a State which is a participating State the Rome Statute. Furthermore, only crimes are committed after a date when a State ratifies the Convention, it can be adopted ICC jurisdiction. For example, Indonesia ratified the Rome Statute in 2008, then the ICC does not hav jurisdiction to try cases before the date of ratification the. The ICC is not designed to replace national courts. Even on in fact, the ICC was designed to encourage trials national government takes responsibility for prosecuting its citizens who have commit serious crimes. The ICC only handles cases that not appropriately handled by national courts (so this court is a complement to the national courts, and not replace them). The ICC is not an appellate court that will consider it cases that have been decided by national courts. The ICC only has jurisdiction to try the most serious crimes. (discuss Then). So, if Indonesia ratifies it in 2008, then the ICC only has jurisdiction over the most serious crimes committed after the date ratification and where the Indonesian court decided that it did not have any independence or ability to prosecute such cases. Preamble (Preamble) to the Rome Statute “Affirming that the most serious crimes are committed the concerns of the international community must not go unpunished and must be brought to justice effectively by taking action at the national level and by increasing international cooperation.