Cadet 1CL

ARCENAL
Cadet 1CL
CASTILLO
Cadet 1CL DALIDA
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Cadet 1CL GLORIA
Sec INDIA

INTERNATIONAL CRIMINAL COURT

CREATION:

 On 17 July 1998
- 120 States adopted a statute in Rome a.k.a ROME STATUTE OF THE
INTERNATIONAL CRIMINAL COURT
 ROME STATUTE
- "it is the duty of every State to exercise its criminal jurisdiction over those
responsible for international crimes. “
- can only intervene where a State is unable or unwilling to genuinely carry out
the investigation and prosecute the perpetrators.
 PRIMARY MISSION
- to help put an end to impunity for the perpetrators of the most serious crimes
but it is not a substitute for national courts.
 The Hague in Netherlands
- the seat of the Court
 Funds
- contributions from the States Parties and by voluntary contributions from
governments, international organisations, individuals, corporations and
other entities.

“The ICC can investigate and, where warranted, prosecute and try individuals
only if the State concerned does not, cannot or is unwilling to do so
genuinely”

OBJECTIVES:

 To ensure that the worst perpetrators are held accountable for their crimes.
 To serve as a court of last resort that can investigate, prosecute and punish
the perpetrators of genocide, crimes against humanity and war crimes.
 To assist national judiciaries in the investigation and prosecution of
perpetrators with the aim to allow States to be the first to investigate and
prosecute.
  To help promote peace and security by deterring potential perpetrators.

JURISDICTION:

 The Court may exercise its jurisdiction in situations where the alleged
perpetrator is a national of a State Party or where the crime was committed in
the territory of a State Party
 a State not party to the Statute may decide to accept the jurisdiction of the
ICC.
 The ICC shall have jurisdiction over the following:
o Genocide - the intent to destroy in whole or in part a national, ethnic,
racial, or religious group;
o War crimes - grave breaches of the laws of war (e.g. Geneva
Convention)
o Crimes against humanity - violations committed as part of large-scale
attacks against civilian populations
o Crimes of aggression - the use or threat of armed force by a state
against the territorial integrity, sovereignty, or political independence of
another state, or violations of the UN Charter.
 SAMPLE CASE
The Prosecutor v. Thomas Lubanga Dyilo
(LUBANGA CASE)

BACKGROUND:

 Lubanga was the founding leader of the Union des Patriotes Congolais (UPC)
and the commander-in-chief of its military wing, the Forces patriotiques pour
la libération du Congo.
 International criminal court has delivered the first verdict in its 10-year history
 The militia composed mainly of the Hema ethnic group, was suspected of
committing grave abuses against civilians

CHARGE AND ARREST:

 Enlistment and conscription of children under 15 years old

 An ICC arrest warrant was issued for Lubanga on 10 February 2006, and he
was arrested and transferred to The Hague on 16 March 2006.
 The charges were confirmed by Pre-Trial Chamber I on 29 January 2007. On
26 January 2009, Lubanga trial opens before Trial Chamber I.

FINDINGS:

 The FPLC implemented a widespread youth recruitment policy

o youths were deployed as soldiers in Bunia, Tchomia, Kasenvi, and
Bogoro, and participated in fighting in areas including Kobu, Songolo,
and Mongbwalu. Children were also used as military guards and for a
special “Kadogo Unit” comprised primarily of children.
 Ten former child soldiers testified, as did a number of expert witnesses.

VERDICT:

 Convicted of the war crime of enlisting and using children under 15 to

participate actively in hostilities on 14 March 2012
 Dilyo was found guilty, and was sentenced to 14 years’ imprisonment on 10
July 2012

REFERENCES:

 https://www.coalitionfortheicc.org/cases/thomas-lubanga-dyilo
 https://www.icc-cpi.int/drc/lubanga
 https://www.theguardian.com/world/2012/mar/14/congo-thomas-lubanga-
child-soldiers
 https://www.hrw.org/news/2012/07/10/icc-congolese-rebel-leader-gets-14-
years