The first permanent International Criminal Court in The Hague was created to punish particularly serious violations of human rights. But how exactly does he actually work? Some questions and answers on the 25th anniversary.
How to punish war criminals acting on behalf of a state? This is not so easy. That is why the United Nations (UN) decided on July 17, 1998 to set up the International Criminal Court (ICC).
What crimes are being tried there?
The International Criminal Court, headquartered in The Hague, Netherlands, prosecutes genocide, war crimes and crimes against humanity. It becomes active when national criminal prosecution fails to take action against individuals for such serious crimes. Although it works closely with the UN, it is independent.
What is celebrated on July 17th?
The Rome Statute is the contractual basis of the ICC. This extensive treaty was adopted 25 years ago on July 17, 1998 in Rome. The day has been celebrated as International Criminal Law Day since 2010.
Who can sue the ICC?
Neither the UN Security Council nor a state can file a complaint directly with the ICC. The prosecuting authorities must first ask the court to investigate. The procedure is thus similar to that in German criminal law. It thus differs from private law, in which a private individual can effectively sue directly in court.
How does the International Criminal Court work?
Before the ICC prosecutor can bring charges, they conduct a preliminary investigation. If there is sufficient evidence against a suspect, the judges can issue an arrest warrant or subpoena him. Until the suspect is arrested or appears voluntarily, the trial cannot begin. The ICC does not have its own police force. When it comes to enforcing arrest warrants, it relies on cooperation with the member states.
Have there been any convictions?
To date, 31 cases have been heard by the court, with some cases involving more than one suspect. The ICC judges have issued 40 arrest warrants – of which 16 people are still at large. They include Russian President Vladimir Putin, who is due to appear in court on charges of war crimes in Ukraine. Ten people were convicted and four acquitted. In 2019, for example, the ICC sentenced former rebel leader Bosco Ntaganda to 30 years in prison for numerous massacres in eastern Congo.
Does this court also have weaknesses?
The list of non-members highlights a weakness: the USA, Russia, China, other nuclear powers and a few other countries reject membership. As a rule, however, the ICC can only become active in states that are part of the Rome Statute.
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Is the International Court of Justice the same?
No. It may seem confusing, as several international courts are based in The Hague and the names are similar. The International Court of Justice (ICJ) is the highest court of the UN. This is intended to resolve conflicts between states.
Source: Stern
I have been working in the news industry for over 6 years, first as a reporter and now as an editor. I have covered politics extensively, and my work has appeared in major newspapers and online news outlets around the world. In addition to my writing, I also contribute regularly to 24 Hours World.
