Presented by: Daniel Ciarmiello, Ericka Nicoletti, and Jessica Pena

Important Dates

•1945-1949 Nuremburg Trials

•May 3rd, 1946- November 12th, 1948 Tokyo Trials

•May, 1993 International Criminal Tribunal for Yugoslavia

•December ,1994 International Criminal Tribunal for Rwanda

•July 17, 1998 Rome Statute of ICC

•July 1st, 2002 Enactment of the International Criminal Court

Assembly of State Parties

18 Judges(9 year terms,

Non-renewable)

Prosecutor

Registrar

Elected by2/3 Majority

Elected byAbsolute Majority

Presidency(2 vice presidents)

Elected byAbsolute Majority

What is the Structure of the ICC?

Submission of Cases1) Security Council2) Member State3) Prosecutor

Pre-TrialChamber

(1-3 judges)Warrants, Witnesses

Majority Rule

TrialChamber(3 judges)

Majority Rule

Appeals Court

(5 judges)

ProsecutorCan Appeal

What is the Process in the ICC?

Key Provisions of the Rome Statute

Article 5- Crimes Under the Courts Jurisdiction

-Articles 6 –Genocide

-Article 7- Crimes against Humanity

-Article 8- War Crimes

Article 121- Amendments

Article 12- Pre-Conditions to the Exercise of Jurisdiction

Article 22- Nullum Crimen Sine Lege

Important Facts

•No reservations allowed according to Article 120.

•Any country that decides to join the ICC after the deadline must ratify upon it joining.

•Ad hoc Tribunals are still allowed regardless of the ICC.

•The ICC contrary to the World Court and the International Court of Justice tries individuals as opposed to states.

•The ICC is an independent body from the UN.

The United States should join the ICC.

Strongly

agree

Somewhat

agree

Neutra

l

Somewhat

disagree

Strongly

disag

ree

Not Sure

24%

34%

0%

28%

10%

3%

1. Strongly agree2. Somewhat agree3. Neutral4. Somewhat disagree5. Strongly disagree6. Not Sure

Proposition: “The United States should join the ICC.”Arguments in favor:

•As a so called free country where liberty and justice rule, and a promoter of human rights we have no other course than to accept the invitation to join the ICC.

•The U.S. should join the ICC because of the powers granted in the Rome Statute solely to the State Parties to the Treaty.

Arguments against:

•The U.S. should not join because of the jurisdiction of the court provided in Article 12 – the sovereignty issue.

•“Now then, with the establishment of a prominent International Criminal Court [ICC] drawing nearer and nearer, the fact that American servicemen and officials may one day be seized, extradited and prosecuted for war crimes is growing. And indeed, that day may already have arrived". I]

• The Prosecutor may become politicized by the Parties bringing the “case” to the Court acting in disfavor of the U.S.

• [i] United States Congress. Committee on Foreign Relations (2000). The International Criminal Court: protecting American servicemen

and officials from the threat of International Prosecution. Washington, DC: U.S. Government Printing Office.

Ad hoc tribunals are ineffective and inefficient.

Strongly

agree

Somewhat

agree

Neutra

l

Somewhat

disagree

Strongly

disag

ree

Not Sure

10%

23%

7%10%

33%

17%

1. Strongly agree2. Somewhat agree3. Neutral4. Somewhat disagree5. Strongly disagree6. Not Sure

Proposition: “Ad hoc tribunals are ineffective and inefficient.”

Arguments in favor:

•There is not a legitimate way to form an ad hoc tribunal.

•Ad hoc tribunals are time consuming and costly.

Arguments against:

•Current ad hoc tribunals have been successful.

•Tribunals have served as a model for the ICC.

The ICC will deter crimes such as genocide, crimes against humanity, and war crimes.

Strongly

agree

Somewhat

agree

Neutra

l

Somewhat

disagree

Strongly

disag

ree

Not Sure

7%

30%

3%

30%

23%

7%

1. Strongly agree2. Somewhat agree3. Neutral4. Somewhat disagree5. Strongly disagree6. Not Sure

Proposition: “ The ICC will deter crimes such as genocide, crimes against humanity, and war crimes. ”Arguments in favor:

•Without a supreme authority, theses crimes will go unpunished.

•Once a potential war criminal is aware of the consequences they will reconsider carrying out their mission

•With the presence of the ICC a potentially dangerous group or mob may attempt finding a more diplomatic way of resolving their issue.

Arguments against:

•Heinous acts are due to deep rooted hatreds and are inevitable.

•Regardless of law or presence of a supreme justice, one will carry out these crimes in the name of religion, righteousness, or nobility. The consequences are an afterthought.

•Crimes are inevitable due to the violent nature of war.