International Criminal Court

International Criminal Court, The HagueThe International Criminal Court (ICC) is the first ever permanent, treaty-based, international criminal court. It was established to promote the rule of law and to ensure that the gravest international crimes do not go unpunished. The Court tries persons accused of the most serious crimes of international concern, namely genocide, crimes against humanity and war crimes.

The Rome Statute of the International Criminal Court, which established the court on 17 July 1998, was adopted by 120 countries. The Statute entered into force on 1 July 2002.

The ICC is an independent international organisation, and is not part of the United Nations system. Its seat is at The Hague in the Netherlands. Although the Court’s expenses are funded primarily by States Parties, it also receives voluntary contributions from governments, international organisations, individuals, corporations and other entities.

The ICC is a court of last resort.  It will not act if a case is investigated or prosecuted by a national judicial system unless the national proceedings are not genuine, for example if formal proceedings were undertaken solely to shield a person from criminal responsibility.  In addition, the ICC only tries those accused of the gravest crimes.

As of April 2010 the Rome Statute of the ICC has been ratified by 111 countries.

Proceedings currently before the ICC

In 2007 the first accused to face trial before the ICC was Thomas Lubanga, former Commander-in-Chief of the Forces Patriotiques pour la Libération du Congo (FPLC) (Patriotic Forces for the Liberation of Congo). He is charged with three counts of war crimes for enlisting and conscripting children under the age of 15 and using them to participate actively in hostilities. The ICC has also issued a warrant of arrest for another Chief of FPLC, Bosco Ntaganda, who is still at large.

In a second trial, which began on 24 November 2009, Germain Katanga and Mathieu Ngudjolo Chui are currently face charges of crimes against humanity and war crimes, also in the DRC.

On 4 March 2009 the ICC issued an arrest warrant for Sudanese President Omar Hassan Ahmad al-Bashir. He is indicted as an indirect (co-) perpetrator for crimes against humanity and war crimes related to the crisis in Darfur, Sudan,from 2003 until 2005. He remains at large.

On 18 May 2009 Bahr Idriss Abu Garda appeared before Pre-Trial Chamber I, accused of war crimes in relation to the killing of 12 African Union peacekeepers in 2007 in North Darfur. He is the first person to appear before the ICC voluntarily in response to a summons and also the first to appear in relation to the investigation into the situation in Darfur. On 8 February 2010, Pre-Trial Chamber refused to confirm the charges against Abu Garda.

On 5 July 2010 the ICC will begin its third trial, against former DRC Vice Presdient, Jean-Pierre Bemba Gombo. Bemba faces charges of crimes against humanity and war crimes committed in the Central African Republic.

Others who remain wanted by the Court include: Joseph Kony, Vincent Otti, Dominic Ongwen, Okot Odhiambo (for the situation in Uganda) and Ahmad Muhammad Harun and Ali Muhammad Ali Abd-Al-Rahman (for the situation in Darfur).

Situations before the ICC

There are currently five situations before the ICC: in Uganda, the Democratic Republic of the Congo, the Central African Republic and in Darfur, Sudan, and Kenya.

In November 2009 the Presidency of the ICC referred the situation in Kenya to Pre-Trial Chamber II. Pre-Trial Chamber II of the ICC granted a prosecution request to open an investigation into alleged crimes against humanity in Kenya committed between 1 June 2002 and 26 November 2009.

In October 2009 the Prosecutor also announced that violence in the West African state of Guinea in September 2009 is under preliminary investigation. The examination follows violence at a protest in the capital of Conakry in which more than 150 people were killed and over 1,000 injured when presidential guard troops allegedly opened fire on protestors.

The ICC has also initiated preliminary examinations into the situations in Afghanistan, Colombia, Côte d’Ivoire, Georgia and Palestine.

Calendar of court proceedings before the ICC

Administrative Assistant (G-4)Associate Investigator (P-2)Case manager (P-1)Court Reporter - French (G-5)Director of the Jurisdiction, Complementarity and Cooperation Division External Relations Adviser (P-3)First appearance of Thomas Lubanga DyiloICC Assembly of States Parties ICC Review Conference opens in UgandaInvestigator (Illicit arms trafficking and financial crime) (P-3)Jus ad bellum, jus in bello - Jus post bellum? Legal Secretary (G-5)Media invited to briefing at ICC headquarters Special Court requests Taylor be tried in The HagueSupranational Criminal Prosecution of Sexual Violence (A.M. de Brouwer) Temporary Administrative Assistants/Secretaries The Controversial Actions of the ICC Prosecutor: a Crisis of Maturity?The Future of International Criminal JusticeThe International Criminal Court and the experience of other International and Hybrid Criminal Courts Transfer of the Taylor trial
News
Accession of Japan to the Rome StatuteArrest warrants sought for Darfur rebelsAssembly of States Parties concludes fifth sessionCentral African Republic urged to cooperate in arrest of al-BashirCharges in Lubanga case confirmedConfirmation of Charges hearing in Lubanga caseDecision on the redaction of factual descriptions of crimes Eurojust and ICC sign letter of understandingFirst arrest for the International Criminal CourtFirst Darfur rebel appears before ICCFirst ICC arrest over situation in Central African RepublicFrench Court approves Mbarushimana extraditionGenocide evidence presented against Sudanese PresidentGuinea violence under preliminary examination at ICCICC Allows Interim Release of Jean-Pierre Bemba GomboICC Appeals Chamber dismisses Katanga appealICC Appeals Chamber overturns decision on Bemba's interim releaseICC Appeals Chamber overturns stay of proceedings in Lubanga caseICC arrest warrant for Ntaganda unsealedICC confirms charges against BembaICC confirms charges against Katanga and NgudjoloICC halts proceedings against LubangaICC issues arrest warrant for al-BashirICC joins Katanga and Ngudjolo Chui casesICC opens preliminary investigations in Honduras and NigeriaICC orders release of LubangaICC Pre-trial Chamber: No Confirmation of Charges in Abu Garda caseICC President addresses the UN General Assembly ICC Prosecutor appeals al-Bashir Genocide DecisionICC prosecutor to address Kenyan post-election violenceICC Prosecutor to consider superior responsibility in Bemba caseICC Review Conference concludes in KampalaICC sets date for Bemba trialICC signs enforcement agreements with European statesICC to facilitate Taylor trial ICC Unseals Uganda Arrest WarrantsICC war crimes suspect arrested in ParisICC: Alleged war crimes in the Republic of Korea under examinationICC: No stay of proceedings in Katanga Trial ICC: No violation of 'complementarity' in Katanga caseICC: Situation in Kenya assigned to Pre-Trial ChamberJanjaweed leader wanted by the ICC will be tried in SudanJudge Song elected new ICC PresidentKatanga transferred into the custody of the ICC LRA delegation meets ICC Registry officialsLubanga charged with war crimesLubanga trial begins at ICCLubanga trial to start in January 2009Lubanga trial: stay of proceedings confirmed by the ICC Appeals ChamberMathieu Ngudjolo Chui becomes third ICC detaineeOcampo informs UN Security Council about the Darfur caseProsecution concludes its case in the Lubanga trialProsecutor notifies Pre-Trial Chamber about possible Bashir travelSecond annual ICC Report presented to UNGATwo new judges join the ICCUganda to host Rome Statute Review Conference
Research / Publications
A Separate Law for Peacekeepers (N. Jain)Amnesties and the Rome Statute of the International Criminal Court (H. Gropengießer et al.)An introduction to the International Criminal Court (W.A. Schabas) Argentina's Draft Law to implement the Rome Statute (S.F. de Gurmendi)Crimes Against Humanity After Tadić (Y. Dinstein)Defences in international criminal law (I. Bantekas) Epilogue to an Endless Debate (F. Mégret)General principles of liability in international criminal law (R. Cryer) Implementation of the ICC Statute in the United Kingdom (E. Wilmshurst)Implementation of the Rome Statute in Brazil (S.H. Steiner et al.)Implementing international humanitarian law (Y. Aksar)Italian Implementation of the Rome Statute and Related Constitutional Issues (R. Bellelli)On the Current Trends towards Criminal Prosecution and Punishment of Breaches of International Humanitarian Law (A. Cassese)Ratification and Implementation of the Rome Statute in Liechtenstein (J. Huston)Ratification of the Statute of the International Criminal Court by Mexico (S.F. Liera)Report of the International Criminal Court, 1-8-2005Report of the International Criminal Court, 3-8-2006Serving the Interests of Justice (D. Robinson)Some Critical Remarks on the Rome Statute of the International Criminal Court (L. Yang)The Competence of the Security Council to Terminate the Jurisdiction of the ICC (A. Abass)The Definition of "Gender" in the Rome Statute of the International Criminal Court (V. Oosterveld) The International Criminal Court (A. Ciampi)The International Criminal Court (R.E. Fife)The International Criminal Court : a New and Necessary Institution meriting Continued Support (P. Kirsch)The International Criminal Court : high hopes (D. Hunt) The International Criminal Court and the crime of aggression (M. Politi) The International Criminal Court and the In and Out Club (F.O. Vicuña)The International Criminal Court: a Work in Progress in the Democratic Republic of Congo (J. Obembo)The International Criminal Court: an American view (R. Wedgwood)The International Criminal Court: The Making of the Rome Statute (R.S.K. Lee)The peace and justice paradox : the International Criminal Court and the UN Security Council (D. Sarooshi)The Protection of the Interests of Witnesses (Å. Rydberg)The Rome Statute of the International Criminal Court: a commentary (A. Cassese et al.)The statute for an international criminal court and the United States (M. Zwanenburg)The statute of the International Criminal Court: some preliminary reflections (A. Cassese)United States Hostility to the International Criminal Court (W.A. Schabas) Victim participation at the International Criminal Court (E. Haslam)
Research/ Court Documents
Copy of Pros. v. A. Harun and A. Kushayb: Decision on the Prosecution Article 58(7) Application, 27-4-2007Copy of Pros. v. A. Harun and A. Kushayb: Warrant of arrest for Ahmad Harun, 27-4-2007Copy of Pros. v. A. Harun and A. Kushayb: Warrant of arrest for Ali Kushayb, 27-4-2007Copy of Pros. v. Omar Al Bashir: Prosecution's Appeal against Decision on Application for a Warrant of Arrest, 6-7-2009Copy of Pros. v. Omar Al Bashir: Prosecution's Appeal against Decision on Application for a Warrant of Arrest, 6-7-2009Copy of Pros. v. Omar Al Bashir: Prosecution's Appeal against Decision on Application for a Warrant of Arrest, 6-7-2009J.-P. Bemba: Decision on the Interim Release of Jean-Pierre Bemba Gombo, 14-8-2009J.-P. Bemba: Decision pursuant to Article 61(7)(a) and (b) of the Rome Statute on the charges of the Prosecutor against Bemba, 15-6-2009Proc. c. G. Katanga & M. Ngudjolo: Décision sur l'exception d'irrecevabilité (Résumé), 12-6-2009Pros. v. A. Harun and A. Kushayb: Decision informing the United Nations Security Council about the lack of cooperation by Sudan, 25-5-2010Pros. v. A. Harun and A. Kushayb: Decision on the Prosecution Article 58(7) Application, 27-4-2007Pros. v. A. Harun and A. Kushayb: Decision on the Prosecution Article 58(7) Application, 27-4-2007Pros. v. A. Harun and A. Kushayb: Warrant of arrest for Ahmad Harun, 27-4-2007Pros. v. A. Harun and A. Kushayb: Warrant of arrest for Ahmad Harun, 27-4-2007Pros. v. A. Harun and A. Kushayb: Warrant of arrest for Ali Kushayb, 27-4-2007Pros. v. A. Harun and A. Kushayb: Warrant of arrest for Ali Kushayb, 27-4-2007Pros. v. B. Ntaganda, Decision to unseal the warrant of arrest, 28-4-2008Pros. v. B. Ntaganda, Decision to unseal the warrant of arrest, 28-4-2008Pros. v. B. Ntaganda, Warrant of Arrest (unsealed 28-4-2008), 22-8-2006Pros. v. B. Ntaganda, Warrant of Arrest (unsealed 28-4-2008), 22-8-2006Pros. v. Bahar Idriss Abu Garda : Decision on the Confirmation of Charges, 8-2-2010Pros. v. Bahar Idriss Abu Garda : Decision on the Prosecutor's Application Under Article 58, 7-5-2009Pros. v. Bahar Idriss Abu Garda: Decision on the Prosecution's Application for Leave to Appeal the Decision on the Confirmation of Charges, 23-4-10Pros. v. Bahar Idriss Abu Garda: Summary of the Prosecutor's Application under Article 58 (Darfur rebels), 20-11-2008Pros. v. C. Mbarushimana, Application for a Warrant of Arrest, 20-9-2010Pros. v. C. Mbarushimana, Decision on Application for Arrest Warrant, 28-9-2010Pros. v. C. Mbarushimana, Defence Request for Order on Impartiality, 18-10-2010Pros. v. C. Mbarushimana, Warrant of Arrest, 28-9-2010Pros. v. D. Ongwen: Warrant of Arrest, 8-7-2005Pros. v. G. Katanga and M. Ngudjolo Chui: Decision on the joinder of cases, 10-3-2008Pros. v. G. Katanga and M. Ngudjolo Chui: Judgment on the Appeal against the Decision on the Admissibility of the Case, 25-9-2009Pros. v. G. Katanga and M. Ngudjolo Chui: Motion challenging admissibility (public redacted version), 11-3-2009Pros. v. G. Katanga and M. Ngudjolo Chui: Reasons for Oral Decision on the Motion challenging admissibility, 16-6-2009Pros. v. G. Katanga: Decision to unseal the warrant of arrest, 18-10-2007Pros. v. G. Katanga: Warrant of arrest, 2-7-2007Pros. v. J-P. Bemba: Appeal Judgment Against Decision on Admissibility and Abuse, 19-10-2010Pros. v. J-P. Bemba: Appeal Judgment against Decision on Interim Release, 02-12-2009Pros. v. J. Kony et al.: Decision on legal representation, 1-2-2007Pros. v. J. Kony: Warrant of Arrest, 27-9-2005Pros. v. J.-P. Bemba: Decision adjourning the Hearing pursuant to Article 61(7)(c)(ii) of the Rome Statute, 3-3-2009Pros. v. J.-P. Bemba: Decision on the Date of Trial, 5-11-2009Pros. v. J.-P. Bemba: Decision to unseal the Warrant of Arrest, 24-5-2008Pros. v. J.-P. Bemba: Decision to unseal the Warrant of Arrest, 24-5-2008 (in French)Pros. v. J.-P. Bemba: Warrant of arrest, 10-6-2008Pros. v. J.-P. Bemba: Warrant of arrest, 23-5-2008 (in French)Pros. v. M. Ngudjolo Chui: Decision to unseal the Warrant of Arrest, 7-2-2008Pros. v. M. Ngudjolo Chui: Decision to unseal the Warrant of Arrest, 7-2-2008Pros. v. M. Ngudjolo Chui: Warrant of arrest (decision to unseal 7-2-2008), 6-7-2007Pros. v. M. Ngudjolo Chui: Warrant of arrest (decision to unseal 7-2-2008), 6-7-2007Pros. v. O. Odhiambo: Warrant of Arrest, 8-7-2005Pros. v. Omar Al Bashir: Decision on Prosecution's Application for Leave to Appeal, 24-6-2009Pros. v. Omar Al Bashir: Decision on the Prosecution's Application for a Warrant of Arrest, 4-3-2009Pros. v. Omar Al Bashir: Judgment on Appeal of Prosecutor against Decision on Arrest Warrant, 3-02-10Pros. v. Omar Al Bashir: Prosecution's Appeal against Decision on Application for a Warrant of Arrest, 6-7-2009Pros. v. Omar Al Bashir: Public Redacted Version of Prosecution's Application under Article 58 filed on 14 July 2008, 12-9-2008Pros. v. Omar Al Bashir: Second Decision on the Prosecution's Application for a Warrant of Arrest, 12-07-2010Pros. v. Omar Al Bashir: Second Warrant of Arrest, 12-07-2010Pros. v. Omar Al Bashir: Warrant of Arrest, 4-3-2009Pros. v. R. Lukwiya: Decision to Terminate the Proceedings, 11-7-2007Pros. v. R. Lukwiya: Warrant of Arrest, 8-7-2005Pros. v. T. Lubanga Dyilo: Decision on the participation of victims in the appeal - Dissenting Opinion of Judge Georghios M. Pikis, 29-8-2008Pros. v. T. Lubanga Dyilo: Decision on the participation of victims in the appeal, 6-8-2008Pros. v. T. Lubanga: Decision on consequences of non-disclosure of evidence, 13-6-2008Pros. v. T. Lubanga: Decision on Prosecutor's Application for a warrant of arrest, 10-2-2006Pros. v. T. Lubanga: Decision on the confirmation of charges, 29-1-2007Pros. v. T. Lubanga: Decision on the Prosecution's Application to Lift the Stay (Redacted), 3-9-2008Pros. v. T. Lubanga: Decision on the Prosecution's Application for Leave to Appeal, 2-07-2008Pros. v. T. Lubanga: Decision on the release of Thomas Lubanga Dyilo, 2-07-2008Pros. v. T. Lubanga: Decision to Unseal the Warant of Arrest, 17-3-2006Pros. v. T. Lubanga: Document Containing the Charges, 28-8-2006Pros. v. T. Lubanga: Judgement on appeal of Lubanga against Decision of Trial Chamber I of 14 July (Legal characterisation of the facts), 08-12-2009Pros. v. T. Lubanga: Judgment of Appeal of Decision to Stay Proceedings, 8-10-2010Pros. v. T. Lubanga: Judgment on the appeal against the decision on the consequences of non-disclosure of exculpatory materials, 21-10-2008Pros. v. T. Lubanga: Judgment on the appeal against the Oral Decision of 18 January 2008, 11-7-2008Pros. v. T. Lubanga: Judgment on the appeals against Decision on Victims' Participation of 18-1-2008, 11-7-2008Pros. v. T. Lubanga: Order Scheduling the First Appearance, 17-3-2006Pros. v. T. Lubanga: Redacted Decision on the Time-Limit to Disclose the Identity of Intermediary 143, 8-07-2010Pros. v. T. Lubanga: Submission of the Document Containing the Charges, 28-8-2006Pros. v. T. Lubanga: Trial Chamber I Decision on legal characterisation of facts, 14-7-2009Pros. v. T. Lubanga: Warrant of arrest, 10-2-2006Pros. v. V. Otti: Warrant of Arrest, 8-7-2005Situation in CAR: Decision assigning the situation in the CAR to Pre-Trial Chamber III, 19-1-2005 Situation in Darfur: Decision assigning the situation in Darfur, Sudan to Pre-Trial Chamber I, 21-4-2005Situation in DRC: Decision assigning the situation in the DRC to Pre-Trial Chamber I, 5-7-2004Situation in DRC: Decision on the Applications for Participation in the Proceedings, 17-1-2006Situation in Kenya: Decision on the Authorization of an Investigation into the Situation in the Republic of Kenya, 31-03-10Situation in Uganda: Decision assigning the situation in Uganda to Pre-Trial Chamber II, 5-7-2004
Research/ Press documents
Abu Garda arrived at the premises of the Court, 17-05-09Appeals Chamber gives suspensive effect to the appeal against the decision on the release of Lubanga, 7-7-2008 Assembly of States Parties concludes its seventh session, 24-11-2008Bemba case: The judges ask the Prosecutor to submit an amended document containing the charges, 3-3-2009Child soldier charges in the first International Criminal Court case, 28-8-2006Constitution of Trial Chamber I, 7-3-2007Decision on the confirmation of charges against Katanga and Chui, 26-9-2008Eurojust and ICC grow closer, 10-4-2007First appearance of Mathieu Ngudjolo Chui before Pre-Trial Chamber I, 11-2-2008First appearance of Mr. Germain Katanga, 22-10-2007ICC Arrest Jean-Pierre Bemba, 24-5-2008ICC issues a warrant of arrest for Omar Al Bashir, 04-03-09ICC OTP on Jean-Pierre Bemba surrender: this is a day for the victims, 3-7-2008ICC president addresses the UNGA, 9-11-2005ICC President Kirsch addresses UN General Assembly, 1-11-2007ICC President, Judge Philippe Kirsch, addresses UN General Assembly, 9-10-2006ICC Prosecutor presents case against Sudanese President, 14-7-2008ICC Prosecutor presents case against Sudanese President, Hassan Ahmad AL BASHIR, for crimes in Darfur. ICC Prosecutor presents evidence in third case in Darfur, 20-11-2008ICC Prosecutor Ready with Darfur Evidence, 14-12-2006ICC Prosecutor: Harun is a fugitive, 26 April 2008Interpol issues first ICC Red Notices, 1-6-2006Jean-Pierre Bemba Gombo arrested, 24-5-2008Joinder of the cases against Germain Katanga and Mathieu Ngudjolo Chui, 11-3-2008New suspect in the situation of Darfur, Sudan: initial appearance hearing scheduled on Monday 18 May 2009, 17-05-09Opening of the confirmation hearing against Katanga and Ngudjolo Chui, 27-6-2008Pre-Trial Chamber I commits Thomas Lubanga Dyilo for trial, 29-1-2007President of Uganda refers situation concerning the LRA to the ICC, 29-1-2004Prosecutor of the ICC opens an investigation into Nothern Uganda, 29-7-2004Prosecutor receives referral of the situation in the Democratic Republic of Congo, 19-4-2004Prosecutor: “The attack on African Union peacekeepers in Haskanita was an attack on millions of civilians", 17-05-09Second arrest: Katanga transferred into the custody of the ICC, 18-10-2007Statement by the Chief Prosecutor on the reported death of Raska Lukwiya, 14-8-2006Statement by the Chief Prosecutor on the Uganda Arrest Warrants, 14-10-2005Statement of the ICC Prosecutor: apprehension of Katanga, 18-10-2007Surrender of Jean-Pierre Bemba to the ICC, 3-7-2008The Office of the Prosecutor of the International Criminal Court opens its first investigation, 23-6-2004The Prosecutor of the ICC opens investigation in Darfur, 6-6-2005The SCSL to use ICC Facilities for Trial of Charles Taylor, 21-6-2006Third detainee for the International Criminal Court: Mathieu Ngudjolo Chui, 7-2-2008Trial Chamber I ordered the release of Thomas Lubanga DyiloTrial Chamber imposes a stay on the proceedings of the case against Lubanga, 16-6-2008Warrant of arrest against Bosco Ntaganda unsealed, 29-4-2008Warrant of Arrest unsealed against five LRA Commanders, 14-10-2005Warrants of Arrest for the Minister of Sudan and a leader of the Militia/Janjaweed, 2-5-2007
Page Tools
Share |