The International Criminal Court (ICC) is the permanent court made for the main purpose of dealing with criminal acts committed by individuals amongst a state in a bit to tamper with the territorial integrity of the state. The ICC has prosecuted altogether … cases; of which are war crimes, - are crimes against humanity, - concern crimes of aggression and – (few) were prosecuted for genocide. Dividing the essay into the four main crimes commonly known as the elements of crimes, the essay will discuss the origin of the ICC’s jurisdiction over these crimes. To start, it will give a short introduction to who the ICC is and their jurisdiction over the elements of crimes listed in the Rome Statute of the ICC. Under each element of crime will be a critical explanation of when the court got jurisdiction and when the court started exercising its jurisdiction as well as (if any) problems faced concerning having jurisdiction.
Who is the ICC?
After the creation of the Nuremberg and Tokyo tribunals, proposals had risen in the Geneva Convention of 1948 for the creation of a permanent court that will deal with international crimes at an international level but its creation was not accepted or received by the cold war era. Shortly after the terrorist attack on the United States in 2001, the Rome conference 1998 accepted the Rome Statute that will guide the ICC alongside some treaties and in July 2002 the ICC came into force. Under the Rome Statute which is the (governing book that guide the court), the ICC is known as a permanent judicial body created by a treaty and known to help nations punish crimes that are committed against their territorial integrity and are of great concern to the international world such as genocide, crimes against humanity, war crimes and crimes of aggression. Since the creation of this permanent court, there have been a lot of prosecutions made but some have been disapproved because of jurisdictional problems. The ICC is a court of last resort. It is intended to supplement, not supplant national jurisdictions” (i.e. the court will not interfere with state investigation of a criminal case unless on the basis of the state’s inability to perform further investigation due to lack of resources or there is non-sincerity on the path of the state during proceedings). The ICC deals with crimes committed in the state but they do not punish states as a whole but against an individual. “Contrary to other international courts, the ICC may take action against individuals but not States. However, nothing in the ICC Statute releases States from their obligations under existing IHL or customary international law.” This essay will use some of the cases to decide when the court had jurisdiction over these international crimes and processes taken to help put the international world in order and peace.
ICC Crimes and Jurisdiction
Article 34 of the Vienna Convention suggests that member states are legally binded by international agreements;...