international criminal court

International Criminal Justice Functional Department

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The International Criminal Court (ICC) came into force on July 1, 2002 Rome Statute of the International Criminal Court Those who have committed genocide Crimes against humanity （ Crimes against humanity ）、 War crimes 、 Crime of aggression A court in which individuals are prosecuted and tried. The authority is limited to the trial of individuals, and only for Statute After the entry into force, the above-mentioned four international crimes have jurisdiction, but in fact, they cannot be used for the crime of aggression for the time being Jurisdiction 。

In 2016, burundi 、 South Africa 、 Gambia 、 Russia Have announced their withdrawal from the International Criminal Court^[1] 。 On March 14, 2018, Rodrigo Duterte announce the Philippines Will exit international penal tribunal , effective immediately.^[2] On March 17, 2019, the Philippines officially withdrew from the International Criminal Court.^[3]

On March 3, 2021, the International Criminal Court announced that Palestine The situation started an official investigation, and expressed that the main concern of the investigation would be Palestine and Israel Two parties criminal act Of victim 。 According to the statement, the investigation covers crimes related to the Palestinian situation and falling within the jurisdiction of the International Criminal Court since June 13, 2014 (the date when Palestine accepted the jurisdiction of the International Criminal Court) behavior^[12] 。

Chinese name: international criminal court
Foreign name: International Criminal Court/ICC (English)
Cour Pénale Internationale/CPI (French)
Date of establishment: July 1, 2002
Foundation: Rome Statute of the International Criminal Court

Trial: Genocide Crimes against humanity 、 War crimes
Location: Netherlands Hague
Working language: English 、 French
President: Zile Ebo Ausuji^[4]
Number of Member States: one hundred and twenty-one

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Background

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international criminal court

the Second World War The international community has set up many international and regional mechanisms to protect human rights, but there are still millions of people Genocide 、 Crimes against humanity 、 War crimes and Crime of aggression The victim of. It is shameful that only a few perpetrators were finally tried by the national court, and the vast majority of perpetrators have escaped the consequences of punishment so far. When some people commit crimes, they even know very clearly that there is only a small chance that they will be brought to justice. The "International Criminal Court" will have several items: to deter the preparation of committing or carrying out serious crimes recognized by international law; Promote national prosecutors who have the primary responsibility to prosecute perpetrators to perform their duties; Let the victims and their families get the truth and justice, which is the first step to heal the wounds; Assist victims and their families to obtain compensation; When the group in charge of the state apparatus is unable or unwilling to make the perpetrators of human rights violations suffer due punishment, the mechanism representing international justice must be involved.

Jurisdiction

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International Criminal Court Microblog

The jurisdiction is limited to the trial of individuals, and only has jurisdiction over the four international crimes after the entry into force of the Statute. In fact, it cannot exercise jurisdiction over the crime of aggression for the time being.^[5]

Responsibilities: The International Criminal Court will try countries, prosecutors and security council Cases entrusted to it. This court has the power to Genocide 、 War crimes 、 Crimes against humanity and Crime of aggression Trial, but only individual criminal responsibility And can only intervene when the court of each country cannot independently hear. The Prosecutor will, with the consent of the Pre Trial Tribunal of the International Criminal Court, prosecute the offender at the request of a country or the United Nations Security Council. According to the provisions, the International Criminal Court has no jurisdiction to hear criminal cases that occurred before July 1, 2002.

significance

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International Criminal Court Building

The establishment of the International Criminal Court aims to Genocide 、 Crimes against humanity 、 War crimes 、 Crime of aggression And other crimes Jurisdiction （Universal Jurisdiction）。

When the International Criminal Court was about to be established Secretary General of the United Nations Kofi Annan The evaluation said, "The prospect of the upcoming establishment of the International Criminal Court shows us the hope of universal justice, a simple and exciting hope. This hope is about to be realized. We will make unremitting efforts towards this goal. We hope that you... will also do your best and work together to ensure that no ruler, country, military group or army can violate human rights and enjoy impunity anywhere. Only then can innocent people trapped in wars and conflicts far away from us feel at ease, know that they are also protected by justice, can rest in peace, and know that they also enjoy rights, and those who violate their rights will be punished "^[6]

former un high commissioner for human rights Jose Ayala Lasso He said that in the face of the reality that "people who have killed 100000 people should face the opportunity of trial rather than those who have killed one person", the purpose of establishing the International Criminal Court is to "... not let criminals go unpunished".^[6]

international committee of the red cross Considers that the Statute of the International Criminal Court is the implementation of International humanitarian law Important breakthrough: "The International Committee of the Red Cross has always supported the establishment of an international tribunal to deal with the most serious international crimes. For the International Committee of the Red Cross, the International Tribunal has the ability to play a role in promoting and encouraging domestic courts to fulfill their obligations to prosecute those who have committed war crimes."^[7]

Institutional setup

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The International Criminal Court has 18 judges, one prosecutor's office, one pre-trial chamber, one trial chamber and one appeal chamber. Eighteen judges are elected for a term of nine years. No two judges can come from the same country.

Component departments

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The International Criminal Court is Permanent establishment , in the Rome Statute State party With the approval of the General Assembly, the court will be set up in The Hague, the Netherlands, and will hold court sessions elsewhere if appropriate. The Court has international Legal personality And necessary laws capacity And, in accordance with the provisions of this Statute, to exercise its functions and powers in the territory of the Contracting States and other States under the Special Agreement. The Court is composed of four departments: the Presidency; Appeals Tribunal, Trial Tribunal and Pre Trial Tribunal; Office of the Prosecutor; Registry.

dean

The President of the International Criminal Court is elected by member States. The current President of the Court is Nigerian Chile Eboe Osuji took office on March 11, 2018.^[4]

judge

international criminal court

Judges are State party Nominations need not be domestic, but must be citizens of the Contracting State. After nomination, the judges shall be elected by secret ballot at the meeting of the Assembly of States Parties, and the eighteen judges who obtain the highest number of votes by a two-thirds majority of the States Parties present shall be elected as judges. There are eighteen judges in total, and no two judges may be nationals of the same country. The judges elected for the first time shall be determined by drawing lots. One third shall serve for three years, one third for six years and the rest for nine years. A judge with a three-year term may be re elected once for a term of nine years. The president and the first and second vice presidents shall be elected from among the judges and absolute majority Elect. At least six judges shall be assigned to the Trial Chamber, at least six to the Pre Trial Chamber, four to the Appeals Chamber and the President. The Appeals Chamber is composed of all judges, the Trial Chamber is composed of three judges of the Chamber, and the Pre Trial Chamber is composed of three judges of the Chamber or is performed by one judge alone. The judges of the Appeals Chamber may only serve in the Appeals Chamber, and the judges of the Trial Chamber may be temporarily assigned to the Pre Trial Chamber. The judges of the Pre Trial Chamber may be temporarily assigned to the Trial Chamber, but may not participate in the cases before the Pre Trial Chamber. The Pre Trial Chamber and the Trial Chamber shall mainly have criminal trial Of judges. The removal of a judge is decided by a two-thirds majority of the States Parties after the approval of two thirds of the other judges of the Court.

inquisitor

The powers and responsibilities of the public procurator are set forth in Article 42. The Office of the Prosecutor: a separate organ, acting independently, is responsible for receiving and reviewing the submitted situation and any factual information on crimes within the jurisdiction of the Court, conducting investigations and prosecuting in the Court. Members of the Office of the Prosecutor shall not seek or act on any external instructions. The Office of the Prosecutor is headed by the Prosecutor, assisted by one or more Deputy Prosecutors, and other personnel may be employed if necessary. The Prosecutor shall be elected by secret ballot by an absolute majority at the meeting of the Assembly of States Parties. The Prosecutor proposes three candidates for each Deputy Prosecutor's vacancy and elects them in the same manner. The term of office of the Prosecutor and the Deputy Prosecutors is nine years and cannot be renewed.

In two cases, the Appeals Chamber may decide on the withdrawal of the Prosecutor and the Deputy Prosecutor: 1 The person under investigation or prosecution may request the Prosecutor or the Deputy Prosecutor to withdraw in accordance with article 42; The Prosecutor or Deputy Prosecutors themselves have the right to comment on the matter. The decision is taken by a majority of States parties. The removal of the Deputy Prosecutor is decided by a majority of the States Parties on the recommendation of the Prosecutor. Other matters concerning the conduct of prosecutors are listed separately in Article 15.

Registry

The Registrar is responsible for non judicial administration and services. The Registrar is the chief administrative officer of the Court, who acts under the authority of the President and directs the work of the Registry. The Registrar is elected by the judges in the form of an absolute majority by secret ballot, taking into account the recommendations of the States parties. If necessary, on the recommendation of the Registrar, the judges may elect a Deputy Registrar in the same manner. The term of office of the Registrar and the Deputy Registrar is five years, renewable only once. The Registry has a Victims and Witnesses Unit, which is responsible for consulting with the Office of the Prosecutor, providing protection methods and Safety measures Give witnesses, victims who appear in court to testify, and other people who are at risk because of their testimony.

Case handling history

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According to the Rome Statute, the International Criminal Court will hear cases transferred by States parties and the United Nations Security Council, but only those cases that occurred after July 1, 2002. International Criminal Court and other existing international organizations Judiciary The International Criminal Court is a Permanent International judicial institutions.

Since its establishment in 2002, there have been three States parties（ Democratic Republic of the Congo 、 Uganda and Central African Republic ）An initiative to submit a case to the International Criminal Court, a non party（ Cote d'Ivoire ）The United Nations Security Council voluntarily accepted the jurisdiction of the Court in respect of relevant situations in its territory Darfur The case was submitted to the court for the first time through Resolution 1593. In addition, the Prosecutor of the International Criminal Court Democratic Republic of the Congo , Uganda and the situation in Darfur, Sudan Central African 8 situations including the Republic and C ô te d'Ivoire.

In 2018, the International Criminal Court in The Hague, Netherlands Gloria Macapagal-Arroyo Did Duterte commit“ Crimes against humanity ”Conduct a preliminary investigation. According to《 The Guardian 》It is reported that after Duterte took office, about 4000 people in the Philippines were killed by the police in the anti drug operation. Human rights organizations believe that the number should actually be higher. February 8, Philippine Presidential Palace Malaka South Palace Spokesman Harry Roque Press conference He said that this investigation is a waste of time and resources of the court, and it will undermine the sovereignty of the Philippines. Rock stressed that these casualties were caused by legal police action, and those who died were suspects who refused to be arrested^[8] 。

Historical premise

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according to Amnesty International Of research data Display, the Second World War Later there are many countries, including: Austria 、 Belgium 、 bolivia 、 Brazil 、 Canada 、 Chile 、 Columbia 、 Costa Rica 、 Denmark 、 France 、 Germany 、 Ecuador 、 El Salvador 、 Guatemala 、 Honduras 、 Mexico 、 Nicaragua 、 Norway 、 Panama 、 Peru 、 Spain 、 Switzerland 、 Uruguay 、 Venezuela Equinational domestic law It's all about universal Jurisdiction To try suspects who violate international law. These laws existed long ago but were rarely cited until 1993 and 1994 security council By setting International Tribunals Come to trial Former Yugoslavia and Rwanda After the perpetrators of the problem, countries gradually attach importance to the application of this universal jurisdiction and the international obligations that countries should draw. include Austria 、 Denmark 、 Germany 、 Netherlands 、 Sweden Such countries comply with the UN Security Council resolution 978: when there is sufficient evidence to show that the perpetrators of the Rwanda problem appear in the territory of any country, the country should arrest and detain them in accordance with international law. The courts of various countries use the power and responsibility of universal jurisdiction to arrest the suspects wanted by the former Yugoslavia and Rwanda courts.

Italy And Switzerland launched criminal investigations in the 1970s and 1980s, Argentina Cases of torture, extra legal lynching and disappearance occurred. Courts in Spain, Belgium, France and Switzerland prosecuted and requested the extradition of former Chile from the United Kingdom dictator Pinochet. On March 24, 1999, the British equivalent to the House of Lord ruled that Pinochet could not enjoy being tortured and conspired to torture for what he did beyond his duties as a head of state Criminal prosecution Of immunity 。 The British Minister of the Interior therefore allowed the court to adjudicate the request of the Spanish judge to extradite and try the above-mentioned crimes. Pinochet was not extradited later, but his freedom of movement in Britain has been restricted.

In February 2000, Senegal The court cited universal jurisdiction to sue Chad The exiled former president of Hussein Habr é (Hiss è ne Habr é) was guilty of torture between 1982 and 1990. In the conclusion of a fact report in 1992, it was pointed out that Hussein Habr é served as President of Chad There were 40000 political murders and 200000 torture cases in Chad during the period of.

Although Chad's domestic law does not clearly list the universal jurisdiction over torture cases, Chad has signed and ratified the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment State party Use universal jurisdiction to arrest suspects who violate international laws in their territory. On March 20, 2001, Hussein Habr é's lawyer appealed against this universal jurisdiction in the court Applicability 。 However, after the appeal of the United Nations Anti Torture Commission, up to December 2001, Hussein Habr é was still detained in Chad In prison.

According to the case of Pinochet and Hussein Habr é Jurisdiction (Universal Jurisdiction) has been followed by many countries in the world before the establishment of the International Criminal Court. According to a former UN participant in Luanda Court investigation Working and teaching in University of Hong Kong Dr Professor Lyal S. Sunga's explanation is that prosecutors can take the initiative to intervene and prosecute perpetrators of major human rights violations in all States parties and non States parties. This view was also recognized by Professor Dr. Ahmed Ziauddin of the Catholic University of Brussels in Belgium at the International Criminal Court seminar in Hong Kong in August 2001.

It is speculated that the possible impact of the International Criminal Court on the world in the future may come from: 1 United Nations Security Council The resolution of; 2. The human rights violations that have occurred involve citizens of the State party; 3. The procurator takes the initiative to investigate.^[5]

Status of contracting

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Introduction to contracting

According to the Rome Statute of the International Criminal Court, the International Criminal Court can be established only after the Rome Statute has been signed and ratified by 60 countries.

The International Criminal Court is located in Netherlands Of Hague , the maximum penalty is Life imprisonment ， Working language English and French.

As of October 6, 2015, 134 countries have signed the Statute and 123 countries have ratified the Statute Africa 34 countries, Latin America and Caribbean 28 countries, Eastern Europe 18 countries, Western Europe And 24 other countries, Asia-Pacific 19 countries, but 30 signed agreements with the United States aimed at excluding the International Criminal Court Jurisdiction 98 Agreements. In addition, of all States parties to the Convention, 40 have domestic laws to implement the Statute, and 31 have completed draft legislation.

As Permanent members of the United Nations Security Council Of China 、 Russia and U.S.A None of them signed the Rome Statute (among them, the United States signed the Rome Statute on December 31, 2000, but cancelled the signing before the Congress approved it).

member state

Afghanistan 、 Albania 、 Andorra 、 Antigua and Barbuda 、 Andorra 、 Argentina 、 Australia 、 Austria 、 The People's Republic of Bangladesh 、 Barbados 、 Belgium 、 Belize 、 Benin 、 bolivia 、 Bosnia and Herzegovina 、 botswana 、 Brazil 、 Bulgaria 、 burkina faso 、 Cambodia 、 Canada 、 Cape Verde 、 Central African 、 Chad 、 Chile 、 Columbia 、 Comoros 、 Congo , Democracy Congo 、 Cook Islands 、 Costa Rica 、 Cote d'Ivoire 、 Croatia 、 Cyprus 、 Czech Republic 、 Denmark 、 Djibouti 、 Dominican 、 dominica 、 Timor-Leste 、 Ecuador 、 El Salvador 、 Estonia 、 Fiji 、 Finland 、 France 、 Gabon 、 Georgia 、 Georgia 、 Germany 、 Ghana 、 Greece 、 Grenada 、 Guatemala 、 Guyana 、 Honduras 、 Hungary 、 Iceland 、 Ireland 、 Italy 、 Japan 、 Jordan 、 Kenya 、 the republic of korea 、 Latvia 、 Lesotho 、 Liberia 、 Liechtenstein 、 Lithuania 、 Luxembourg 、 Northern Macedonia^[16] 、 Madagascar 、 Malawi 、 Maldives 、 Mali 、 Malta 、 Marshall Islands 、 mauritius 、 Mexico 、 Moldova 、 Mongolia 、 Montenegro 、 Namibia 、 Nauru 、 Netherlands 、 New Zealand 、 Niger 、 Nigeria 、 Norway 、 Palestine 、 Panama 、 Paraguay 、 Peru 、 poland 、 Portugal 、 Romania 、 Saint Kitts and Nevis 、 Saint Lucia 、 Saint Vincent and the Grenadines 、 Samoa 、 San Marino 、 Senegal 、 Serbia 、 Seychelles 、 sierra leone 、 Slovakia 、 Slovenia 、 Spain 、 Suriname 、 Sweden 、 Switzerland 、 Tanzania 、 Tajikistan 、 Trinidad and Tobago 、 Tunisia 、 Uganda 、 britain 、 Uruguay 、 Vanuatu 、 Venezuela 、 Zambia

Withdrawal from the country

burundi president Pierre Nkurunziza On October 18, 2016, a bill passed by the Parliament with an overwhelming majority was signed, announcing that East Africa The state will withdraw《 Rome Statute of the International Criminal Court 》Burundi became the first country to withdraw from the International Criminal Court.^[9]

Secretary General of the United Nations On October 21, 2016, spokesman Diyaric confirmed that the United Nations had received South Africa Letter concerning the decision to withdraw from the International Criminal Court, Secretary General Ban Ki moon We regret this decision of South Africa.^[10]

The Gambian government announced on October 25, 2016 that it would withdraw from the International Criminal Court, on the grounds that the Court implemented double standard , suspected of "persecuting and humiliating people of color, especially Africans".^[11]

On November 16, 2016, President of Russia Putin signed an order to withdraw from the International Criminal Court in The Hague, the Netherlands. according to RIA Novosti It is reported that this decision was initiated by the Ministry of Justice of Russia and made jointly with the Ministry of Foreign Affairs, the Supreme Court and the Supreme Procuratorate of Russia. Russian President Putin has instructed relevant departments to report the matter to the Secretary General of the United Nations, stating that Russia has no intention of becoming《 Rome Statute of the International Criminal Court 》Member States of.^[1]

On March 14, 2018, Duterte announced that the Philippines Will exit international penal tribunal , effective immediately.^[2] On March 17, 2019, the Philippines officially withdrew from the International Criminal Court.^[3]

On April 25, 2023 local time, President Cyril Ramaphosa of South Africa announced at a joint press conference with Finnish President Ninisto, who was visiting the country, that the South African government had decided to try to withdraw from the International Criminal Court (ICC) again. This decision was largely due to the injustice of ICC to some countries.^[14]

Related events

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Ukraine On February 25, 2022, Foreign Minister Kuleba Twitter The article said: "Today, Russia has a kindergarten and a orphanage The attack was a war crime and violated the Rome Statute of the International Criminal Court. We and Attorney General The Office is collecting this fact and other facts together, and we will send them to The Hague (International Criminal Court) immediately. Responsibility for this is inevitable. "^[13]

Russian media said that on October 3, 2023, the Armenian Parliament ratified the Rome Statute of the International Criminal Court, Armenia Therefore, it is included in the jurisdiction of the International Criminal Court.^[15]

On May 20, 2024, the Prosecutor of the International Criminal Court made a statement on the Israeli Prime Minister Benjamin Netanyahu And Defense Secretary Garrant applied for an arrest warrant on suspicion of war crimes.^[17]

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