The Role of the International Criminal Court in Ensuring

Accountability for War Crimes

A Presentation by Amogh Kulkarni
Introduction
• War crimes are serious violations of international humanitarian law committed during armed
conflicts.
• Examples include targeting civilians, torture, indiscriminate attacks, and the use of child soldiers.
• War crimes cause immense suffering and loss of life among civilian populations.
• They result in physical and psychological trauma, displacement, and destruction of infrastructure
and essential services.
• War crimes pose a threat to global security by destabilizing regions and creating conditions
conducive to the rise of extremist groups and transnational criminal networks.
• They undermine the rule of law and erode trust in international institutions and mechanisms for
conflict resolution.
What constitutes war crimes according to
international law.
• Targeting Civilians: Deliberate attacks on civilians or civilian objects, such as homes, schools,
hospitals, and places of worship, are considered war crimes. Intentionally directing attacks against
non-combatants or causing civilian casualties disproportionate to the military advantage gained is
prohibited.
• Use of Prohibited Weapons: The use of certain weapons prohibited by international law
constitutes a war crime. This includes weapons that cause unnecessary suffering or indiscriminate
harm, such as chemical weapons, biological weapons, and anti-personnel landmines.
• These are some of the key examples of acts that constitute war crimes according to international
law. They are codified in various international treaties and conventions, including the Geneva
Conventions of 1949 and their Additional Protocols, as well as customary international
humanitarian law.
Principles of the ICC
• Independence:
• The ICC operates independently of any government or international organization. It is not
subject to political influence or interference.
• Impartiality:
• The ICC conducts its proceedings impartially, without bias or favoritism towards any party
involved in a conflict or situation under investigation.
• Judges, prosecutors, and other officials of the ICC are required to maintain impartiality in
their decision-making and actions, ensuring fairness and integrity in the pursuit of justice.
• Universality:
• The ICC seeks to achieve universality by promoting the ratification and implementation of the
Rome Statute, which established the Court, by all countries.
• Universality ensures that all states are subject to the jurisdiction of the ICC and that
accountability for international crimes is not limited by national boundaries or political
considerations.
How these principles ensure fair and effective
accountability for war crimes.
• Impartiality: Impartiality ensures that judgments and actions are based on objective criteria
without favoritism or bias towards any party involved.
• Transparency: Transparency entails openness and accessibility of proceedings, decisions, and
information related to accountability processes.
• Complementarity: Complementarity refers to the principle that national jurisdictions have the
primary responsibility for investigating and prosecuting war crimes.
 Importance of the ICC in ensuring
accountability
• Ending Impunity
• Deterrence
• Preventing Future Atrocities
Research Questions
I. How does the ICC ensure impartiality and independence in its pursuit of justice for war
crimes?
II. What criticisms have been leveled against the ICC regarding its handling of war crimes cases,
and how has the ICC responded to these criticisms?