ROHAN SINGH

LLB SECTION-B

A3256119057

PSDA ASSIGNMENT WEEK 1

International Criminal Court (ICC)

Some of the worst crimes ever known against humanity have been
committed since the 20th century, following the two World Wars, border
skirmishes, territorial disputes, terrorism, etc. Though many of the convicts
and/or military/political leaders responsible for majority of these crimes
have been prosecuted yet many have gone unpunished. There were
temporary International tribunals to prosecute and punish those who were
responsible for these atrocities. Which led to the need and establishment of
the International Criminal Court in the year 2002 which has its seat at
The Hague, Netherlands.

The Rome Statute of the International Criminal Court is the treaty that
established the International Criminal Court (ICC). Among other things, the
statute establishes the court's functions, jurisdiction and structure. It was
adopted at a diplomatic conference in Rome, Italy on 17 July 1998 and it
entered into force on 1 July 2002 having around 140 signatories and 60
ratifications.

The ICC is the first permanent international court which “investigates and,
where warranted, tries individuals charged with the gravest crimes of concern
to the international community.”

The ICC has jurisdiction to prosecute individuals for the international

crimes of genocide, crimes against humanity, war crimes, and the crime of
aggression.
The ICC has four core organs

1. Presidency- Presidency is responsible for the proper administration of

the Court. It comprises of 3 members- The President and the First and
Second Vice-Presidents.
2. Judicial Divisions or Chambers- Judicial Divisions consist of the 18
Judges which are selected to the Court by the Assembly of States
Parties. The 18 Judges are organized into three chambers—the Pre-
Trial Chamber, Trial Chamber and Appeals Chamber—which carry
out the judicial functions of the Court.
3. Office of the Prosecutor- Office of the Prosecutor is responsible for
conducting investigations and prosecutions.
4. Registry- Registry is responsible for the non-judicial aspects of the
administration and servicing of the Court.

Why is the US targeting the International Criminal Court?

The United States which is not a party to The Hague based tribunal is angry
at the International Criminal Court for its move to investigate the United
States Forces deployed in Afghanistan for suspected war-crimes. It led to the
unprecedented move by the President of the United States Donald Trump to
sign an executive order and put sanctions on all members and staff and
their families of the ICC who are responsible for the investigation of the
behaviour of the US Forces and CIA operatives in Afghanistan.

The United States was against some provisions of the Rome Statute which
was being negotiated in 1998. The Clint administration though it did sign
the treaty but it advised the next administration, the Bush administration to
never see its ratification. Thus US is not a member party to the ICC and
doesn’t come under its jurisdiction as claimed by the US administration.
Such policy against the ICC and retaining the sovereign right to prosecute
its citizens and forces itself and not by a foreign international court which is
accused of being corrupt and biased has also been seen under the Obama
administration and now the Trump administration. Such an unprecedented
move by US against the Jurisdiction of ICC is completely bringing out the
unwillingness of the US to work within the purview of international treaties
and agreements. US tends to impose its sovereignty over other nations and
when it comes to putting on sanctions on US sovereignty then it has an
offensive front against the other nations which violates the International
Law. US by this particular move is not willing to maintain justice in the
International Domain as it is the one being prosecuted. Its claim of ICC
having no authority is not substantial as ICC has authority over the state
where the war crimes have occurred and it’s within the power of the ICC to
launch an investigation against US Forces.