Seminar 4

1.
International Criminal Justice has evolved over centuries in response to the need
for accountability for the gravest crimes that threaten the international community.
The key stages in its evolution are as follows:
-Origins and Early Efforts (17th-18th centuries): The concept of international crimes
and the demand for accountability emerged during this period, as international law
developed. Offenses such as piracy and slave trade were recognized as crimes against
the international community and subject to prosecution by national courts.
-Post-World War I: The atrocities of World War I led to increased calls for
accountability. The Treaty of Versailles in 1919 established the Leipzig War Crimes
Trials, the first international criminal tribunal, to prosecute German war criminals.
-Nuremberg Trials and the Birth of Modern International Criminal Justice (1945-
1946): The Nuremberg Trials marked a significant milestone in the evolution of
international criminal justice. These trials, held after World War II, prosecuted major
Nazi war criminals for crimes against humanity, war crimes, and genocide. The trials
established the principles of individual criminal responsibility and the concept of
crimes against humanity.
-Ad Hoc Tribunals (1990s): Ad hoc tribunals were established in the 1990s to address
atrocities committed during conflicts in the former Yugoslavia (ICTY) and Rwanda
(ICTR). These tribunals played a crucial role in defining and prosecuting crimes such
as genocide, war crimes, and crimes against humanity.
-International Criminal Court (ICC) (2002-present): The establishment of the ICC in
2002 represented a significant milestone. It is a permanent, independent court with
jurisdiction over the most serious international crimes. The ICC prosecutes
individuals for crimes such as genocide, war crimes, crimes against humanity, and the
crime of aggression. It acts as a court of last resort when national jurisdictions are
unable or unwilling to prosecute. The ICC's jurisdiction is complementary to national
courts.
Expansion and Challenges: Since its establishment, the ICC has expanded its
caseload and conducted investigations in various situations worldwide. However, it
has faced challenges such as limited resources, political pressures, and non-
participation of certain states. Ongoing efforts aim to strengthen international
cooperation, promote accountability, and address challenges faced by the ICC and
other international criminal justice mechanisms.
2. The International Criminal Court (ICC) was established on July 1, 2002, following
several important developments in international law and global politics. The
prerequisites for its creation include:
-Nuremberg and Tokyo Tribunals: The post-World War II Nuremberg and Tokyo
Tribunals set the groundwork for international criminal justice by prosecuting
individuals for war crimes, crimes against humanity, and genocide. These tribunals
emphasized the need for a permanent international court to address such crimes.
-Ad Hoc Tribunals: The establishment of ad hoc international criminal tribunals for
the former Yugoslavia and Rwanda in the 1990s further underscored the necessity of
a permanent institution to handle international crimes. These temporary tribunals
faced limitations, prompting calls for a permanent international criminal court.
-Diplomatic Conferences and Negotiations: Diplomatic efforts to create a permanent
international criminal court began in the 1990s. The United Nations General
Assembly established the Ad Hoc Committee on the Establishment of an
International Criminal Court in 1995 to draft a statute for the court. These efforts
culminated in the Rome Conference in 1998.
-Rome Statute: The Rome Conference, held from June 15 to July 17, 1998, resulted
in the adoption of the Rome Statute of the International Criminal Court. This
foundational treaty outlines the ICC's jurisdiction, structure, and core principles. It
identifies four core international crimes under the court's purview: genocide, crimes
against humanity, war crimes, and the crime of aggression.
-Ratification and Entry into Force: The Rome Statute required ratification by 60
states for it to come into effect. This milestone was achieved on April 11, 2002.
Subsequently, the ICC was officially established on July 1, 2002. It operates as an
independent judicial institution separate from the United Nations, although it
maintains a cooperative relationship with the UN.
Key characteristics of the ICC include:

-Jurisdiction: The ICC has authority over individuals accused of committing the most
serious crimes of international concern, including genocide, crimes against humanity,
war crimes, and the crime of aggression. It can prosecute crimes committed on the
territory of member states or by nationals of member states.
-Complementarity: The ICC acts as a court of last resort, intervening when national
legal systems are unable or unwilling to prosecute individuals responsible for
international crimes. It complements domestic jurisdictions and steps in when they
cannot adequately address these crimes.
-Independence and Impartiality: The ICC operates independently of political
influence as an impartial judicial institution. Its judges, elected from different
countries, serve in their individual capacity to ensure diverse representation and
impartiality.
-The Prosecutor's Office: The ICC's Prosecutor's Office is responsible for initiating
and conducting investigations and prosecutions. Operating independently, it exercises
its functions based on its own discretion and information received from various
sources.
-Cooperation and Enforcement: The ICC relies on the cooperation of states to execute
arrest warrants, gather evidence, and protect victims and witnesses. While the court
lacks its own enforcement mechanism, it closely collaborates with member states and
international organizations to ensure the enforcement of its decisions and sentences.

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Key characteristics of the ICC include:

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