From UPSC perspective, the following things are important :
Prelims level: International Criminal Court (ICC) and its jurisdiction
Why in the News?
The International Criminal Court (ICC) has taken into custody former Philippines President Rodrigo Duterte on charges of crimes against humanity, linked to his infamous “war on drugs”.
About the International Criminal Court (ICC)
- The ICC is the world’s first permanent international court established to prosecute individuals responsible for the gravest crimes of global concern.
- Founded under the Rome Statute in 1998, it became operational in 2002 and is headquartered in The Hague, Netherlands.
- The ICC has jurisdiction over 4 core international crimes:
- War crimes
- Crimes against humanity
- Genocide
- Crimes of aggression
- It has 125 member states, signatories to the Rome Statute, though major powers like India, the US, China, Russia, Israel, and Ukraine are NOT members due to concerns over sovereignty and political misuse.
- The ICC’s budget, primarily funded by member states with additional voluntary contributions, for 2025 is approximately €195 million.
- The ICC structure includes 18 judges elected for 9-year terms and an independent Office of the Prosecutor responsible for investigations and prosecutions.
- Key bodies include the Trust Fund for Victims, a Detention Centre, and the Assembly of States Parties, which oversees its administrative functions.
- The ICC lacks an enforcement mechanism and depends on member states’ cooperation for executing arrest warrants, gathering evidence, and enforcing sentences.
Reach of an ICC Warrant:
- Applicability:
- Applies to crimes committed by nationals of member states or on member state territories.
- Maintains jurisdiction over crimes committed before a state withdraws from membership.
- State Obligations:
- Member states must execute ICC arrest warrants under the Rome Statute.
- Non-compliance can lead to reporting to the Assembly of States Parties and potential escalation to the UN Security Council (UNSC).
- This applies particularly in cases involving UNSC-mandated probes, like Darfur and Libya.
- Challenges to Enforcement:
- Non-member states (e.g. US, Russia, China) are not bound by ICC warrants.
- Political considerations lead to inconsistent compliance.
- Special Mechanisms:
- In 2016, the ICC formed an Arrest Working Group to improve intelligence-sharing and warrant execution.
- Duterte Case Implications:
- Even after Philippines’ withdrawal in 2019, the ICC retains jurisdiction for crimes committed from 2011-2019.
- Duterte’s arrest highlights how domestic politics, such as the collapse of the Duterte-Marcos alliance, can influence warrant execution.
PYQ:[2019] Consider the following statements: 1.The International Criminal Court (ICC) has jurisdiction to prosecute nationals of even those States that have not ratified the Rome Statute. 2. The International Criminal Court is a ‘court of last resort’ intended to complement national judicial systems. 3. The United Nations Security Council can refer a situation to the Prosecutor of the ICC even if the State concerned is not a party to the Statute. Which of the statements given above are correct? (a) 1 and 3 only (b) 2, 3 and 4 only (c) 2 and 4 only (d) 1, 2, 3 and 4 |
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