The International Criminal Court (ICC) presentation added-

The International
Criminal Court
Cour pénale internationale (French)
St Mry’s University - International Comparative
Law
Nancy Yanira Munoz - Presentation
International Organizations
Prof. Rebecca Mc Mimm

THE IN TERNATIONAL CRIMINAL
COURT – PART I
HISTORY AND JUDICIAL
NATURE
Nancy Y. Munoz

The establishment of an international
tribunal
 The first was proposed in 1919 following the First World War
to judge political leaders accused of international crimes.
 The Geneva convention in 1937 was the first stipulating the
establishment of a permanent international court to try acts
of international terrorism. It was signed by 13 states, but none
ratified and never entered into force.
 Following the Second World War, the allied powers
established two ad hoc tribunals to prosecute axis power
leaders accused of war crimes: The International Military
Tribunal, which sat in Nuremberg, prosecuted German
leaders, and in Tokyo prosecuted Japanese leaders
 In 1948 the United Nations General Assembly first
recognized the need for a permanent international court to
deal with atrocities of the kind prosecuted after the Second

The establishment of international rule
of law and an international criminal
court.
 Finally, the UN General Assembly convened a
conference in Rome in June 1998, with the aim of
finalizing the treaty to serve as the Court's statute.
 On 17 July 1998, the Rome Statute of the
International Criminal Court was adopted by a vote of
120 to 7, with 21 countries abstaining. The 7 countries
that voted against the treaty were China, Iraq, Israel,
Libya, Qatar, the United States, and Yemen. Following
60 ratifications, the Rome Statute entered into force on
1 July 2002 and the International Criminal Court was
formally established.

Rome Statute of the International Criminal Court
 The International Criminal Court (ICC) is a judicial
intergovernmental organization that sits in the Haghe
(Netherlands), but the Court may sit elsewhere. (Art 3)
 The Court is a permanent institution, which exercise
jurisdiction over persons for the most serious crimes of
international concern.
 The ICC brought relationship with the United Nations
through an agreement approved by the Assembly of
States Parties. (Art. 2)
 The ICC have international legal personality and may
exercise its functions and powers on the territory of any
State Party and, by special agreement, on the territory of
any other State. (Ar. 4)

How does the ICC differ from other
courts?
 The ICC is a permanent autonomous court,
whereas the ad hoc tribunals for the former
Yugoslavia and Rwanda, as well as other similar
courts established within the framework of the United
Nations to deal with specific situations only have a
limited mandate and jurisdiction.
 The ICC, which tries individuals, is also different
from the International Court of Justice, which is the
principal judicial organ of the United Nations for the
settlement of disputes between States.

Organs and organization
 The ICC has four principal organs:
 The Presidency, the Judicial Divisions -Appeals, Trial
and Pre-trial- ,the Office of the Prosecutor, and the
Registry.
 The President is the most senior judge chosen by his or
her peers in the Judicial Division
 The Office of the Prosecutor shall act independently as
a separate organ of the Court. It is headed by the
Prosecutor who will conduct investigations and
prosecutions before the court. He shall have full
authority over the administration of the office and shall
be assisted by Deputy Prosecutors. (Art. 42)

Organs and Organization
 The Registry is headed by the Registrar and is charged with
managing all the administrative functions of the ICC,
including the headquarters, detention unit, and public
defense office.
 The Appeals Division shall be composed of the President
and four other judges, the Trial Division of not less than six
judges and the Pre-Trial Division of not less than six
judges.
 The judicial functions of the Court shall be carried out in
each division by Chambers. The Appeals Chamber is
composed by all the judges, the Trial Chamber by three
judges of the Trial Division; and the Pre-Trial Chamber by
three judges of the Trial Division.
 The Official languages of the Court are Arabic, Chinese,
English, French, Russian and Spanish. The working

Judicial Appointment
 The Court will have 18 judges. Selection Criteria:
 Equitable Gender/Geographical representation (no
two judges from the same State) and the world
principle legal systems must be represented.
 Elected by a 2/3 majority of States Parties present
and voting for nine-years term and not reelected.
 Reputation for fairness and competency in relevant
areas of law such as humanitarian law or human
rights.
 A judge may be removed for serious misconduct or
serious breach of his/her duties. (Arts. 35-36)

Independence – Privileges &
Immunities
 The judges shall be independent in the performance of
their functions. They may no engage in activity which
interfere with their judicial functions or affect public
confidence. Judges will serve on a full-time basis and
cannot engage in any other occupation.
 Conflict of interest. A judge shall not take part in the
decision of a question that may individually concerns to
him.
 The Court enjoys privileges and immunities in States
parties. The judges, Prosecutor (s) and the Registrar
enjoy the same privileges and immunities afforded the
heads of diplomatic missions, even after the expiry of
their terms of office for acts performed by them in their
official capacity.

The ICC Jurisdiction
 Prosecute individuals nor States
 Subject Matter Jurisdiction:
 (a) The crime of genocide;
 (b) Crimes against humanity;
 (c) War crimes;
 (d) The crime of aggression. (Art. 5)

 Genocide
 acts committed with intent to destroy, in whole or in part, a
national, ethnical, racial or religious group, as such:
 (a) Killing members of the group;
 (b) Causing serious bodily or mental harm to members of
the group;
 (c) Deliberately inflicting on the group conditions of life
calculated to bring about its physical destruction in whole or
in part;
 (d) Imposing measures intended to prevent births within the
group;
 (e) Forcibly transferring children of the group to another
group. . (Ar.6)

 Crimes against humanity. Acts when committed as part of
a widespread or systematic attack directed against any
civilian population, with knowledge of the attack.
 (a) Murder; (b) Extermination; (c) Enslavement;
d)Deportation or forcible transfer of population; (e)
Imprisonment or other severe deprivation of liberty in
violation of fundamental rules of international law; (f)
Torture; (g) Rape, sexual slavery, enforced prostitution,
forced pregnancy, enforced sterilization, or any other form
of sexual violence of comparable gravity; (h) Persecution
against any identifiable group on political, racial, national,
ethnic (i) Enforced disappearance of persons; (j) The
crime of apartheid; (k) Other inhumane acts of a similar
character intentionally causing great suffering, or serious
injury to body or to mental or physical health. (Art. 7)

 War crimes
 when committed as part of a plan or policy or as part of a
large-scale commission of such crimes.
 (a) Grave breaches of the Geneva Conventions namely,
any of the following acts against persons or property
protected under the provisions of the relevant Geneva
Convention:
 (i) Willful killing; (ii) Torture or inhuman treatment, including
biological experiments; (iii) Willfully causing great suffering,
or serious injury to body or health; (iv) Extensive destruction
and appropriation of property, not justified by military
necessity and carried out unlawfully and wantonly; (v)
Compelling a prisoner of war or other protected person to
serve in the forces of a hostile Power; (vi) Willfully depriving
a prisoner of war or other protected person of the rights of
fair and regular trial; (vii) Unlawful deportation or transfer or

 (b) Other serious violations of the laws and customs
applicable in international armed conflict, within the
established framework of international law,
 (i) Intentionally directing attacks against the civilian
population as such or against individual civilians not taking
direct part in hostilities;
 (iii) personnel, installations, material, units or vehicles
involved in a humanitarian assistance or peacekeeping
mission in accordance with the Charter of the United
Nations,
 (xxvi) Conscripting or enlisting children under the age of
fifteen years into the national armed forces or using them to
participate actively in hostilities.
 And those others listed en (Art. 8)

The crime of aggression
 As adopted by the Assembly of States Parties during the Review
Conference of the Rome Statute in 2010, a “crime of
aggression” means:
 The planning, preparation, initiation or execution of an act of
using armed force by a State against the sovereignty, territorial
integrity or political independence of another State. It includes,
among other things:
 Invasion, military occupation, and annexation by the use of
force, blockade of the ports or coasts, if it is considered being,
by its character, gravity and scale, a manifest violation of the
Charter of the United Nations.
 The perpetrator of the act of aggression is a person who is in a
position effectively to exercise control over or to direct the political
or military action of a State.

War Crimes
Other serious Violations

Principle of Complementarity
Complementarity principle. National courts have
priority in investigating and prosecuting crimes within
their jurisdiction. The ICC will act only when national
courts are unable or unwilling to exercise
jurisdiction. Exception, cases referred by the SC
under Chap VII, UN Charter, when determines the
situation represents a threat to peace or a breach of
the peace.
 The grounds for admitting a case to the Court are
specified in the Statute and the circumstances that
govern inability and unwillingness are carefully
defined so as to avoid arbitrary decisions.
 The accused and interested States may challenge
the jurisdiction of the Court or admissibility of the
case. They also have a right to appeal any related

Principles of Criminal Law
 The Procedure before the ICC is governed by Civil Law
and Common Law. Thus, principles of both applied.
 Nullum crimen Nulla poena sine lege. Latin for “no crime or
no penalty without law.
 Exclusion of jurisdiction over persons under eighteen.
 Irrelevance of official capacity. Responsibility of
commanders and other superiors. Superior orders no
excuse unless requirements of (Art. 33)
 Non-applicability of statute of limitations.
 Individual criminal responsibility. Mental element grounds
for excluding criminal responsibility.
 Mistake of fact or mistake of law excuse responsibility.

Jurisdiction Admissibility
 Jurisdiction ratione-temporis. Only with respect to
crimes committed after the entry into force of ICC Statute.
It won’t be retroactive
 The Court may exercise jurisdiction over: (i) States
Parties (ii) States non Parties that have accepted
jurisdiction (iii) State on the territory of which the conduct
occurred or the State of which the accused is a national
(Art. 13 a) or c).
 Referrals: (i) by State Party; (ii) Security Council under
UN Chapter VII; (iii) Investigation initiated by the
Prosecutor with approval of Pre-Trial Chamber.
 Non bis in idem = Double jeopardy clause. No
prosecuting individuals for the same crime or no more

Procedures and practices
of the two tribunals
 Prosecutor may seek information or ask permission of
Pre-Trial Chamber to initiate investigation.
 Prosecutor investigates and brings charges to Pre-Trial
Chamber.
 Pre-Trial Chamber decides whether to issue warrant.
 Trial Chamber (3 judges) conducts trial.
 Appeal chamber (5 judges) hears appeals.
 Scope of appeal is broader than in US law (Arts. 53-55, 62-
75, 81-83)

Appeal and Revision
 Any party may appeal the decisions of a Pre-Trial or Trial
Chamber. The Prosecution may appeal against a conviction
or acquittal on grounds of: procedural error, error of fact or
error of law.
 The convicted person or the Prosecution may also appeal
on any other ground that affects the fairness or reliability of
the proceedings or the decision, in particular on the ground of
disproportion between the sentence and the crime.
 The legal representatives of the victims, the convicted
person, or a bona fide owner of property adversely
affected by an order for reparations to the victims may also
appeal against such an order.
 The Appeals Chamber may reverse or amend the decision
or conviction or order a new trial before a different Trial
Chamber.

Applicable Penalties
 The judges may impose a prison sentence, to which may be
added a fine or forfeiture of the proceeds, property and assets
derived directly or indirectly from the crime committed.
 The Court cannot impose a death sentence. The maximum
sentence is 30 years. However, in extreme cases, the Court
may impose a term of life imprisonment. (Art. 77)
 Convicted persons serve their prison sentences in a State
designated by the Court from a list of States which have
indicated to the Court their willingness to accept convicted
persons.
 The conditions of imprisonment are governed by the laws of
the State of enforcement and must be consistent with widely
accepted international standards governing the treatment of
prisoners.

Victims
 Victims may be involved in the proceedings before the ICC in
various ways:
 • Victims can send information to the Office of the Prosecutor and
ask the Office to initiate an investigation;
 • At a trial, a victim may testify before the Court, if called as a
witness for the Defense or the Prosecution or other victims; they
may participate directly or through a legal representative;
 During proceedings, victims may presenting their views and
concerns to the judges. His/her opinion is independent of the
Prosecution or the Defense and involve his own concerns and
interests.
 • Victims may lead evidence pertaining to the guilt or innocence
of the accused; they may also challenge the admissibility or the
relevance of evidence presented by the parties.
 ;• Lastly, victims can seek reparation for the harm that they have
suffered. (Arts. 68-75)

International Cooperation and judicial
Assistance
 The duty to cooperate with the ICC imposed on States
Parties cooperate fully with the Court in its investigation
and prosecution of crimes within the jurisdiction of the
Court. Art. 86,
 Having no police force, military, or territory of its own,
the ICC will need to rely on States Parties to, among
other things, arrest individuals and surrender them to
the Court, collect evidence, and serve documents in
their respective territories.
 On the other hand, Art. 88 obligates States parties to
adapt their domestic laws to permit cooperation with the
Court.

The enforcement regime
 International criminal law is intended “to put an end to impunity”
so that the enforcement of sentences represents the fulfillment of
its mission.
 The ICC does not operate an international prison for persons
sentenced by the Court, so relies on States to enforce its
judgments. i.e., enforcement of sentences is just one form of
necessary cooperation.
 A Sentence of imprisonment shall be served in a State
designated by the Court among those who have indicated their
willingness to accept sentenced persons. A state may attached
conditions to its acceptance. (Art. 103)
 Yet, the ultimate responsibility for the enforcement of its
sentences rests on the Court, as is reflected in the supervisory
powers, generally vested in the Presidency (Rule 199) and, in
contrast to the ad hoc tribunals, in the Appeals Chamber with
respect to the reduction of the sentence (Article 110, Rule 223).

Assembly of States Parties
 The Assembly of States Parties is the management, oversight
and legislative body of the ICC. It decides on various items, such
as the adoption of normative texts and of the budget, the election of
the judges and of the Prosecutor and the Deputy Prosecutor(s) .
 It is composed of representatives of the States that have ratified
and acceded to the Rome Statute. Each one represented by a
representative.
 The Assembly of States Parties has a Bureau, consisting of a
President, two Vice Presidents and 18 members elected by the
Assembly for a three-year term, observing principles of equitable
geographic distribution and adequate representation of the
principal legal systems of the world.
 Each State Party has one vote and decisions must to be made by
consensus both in the Assembly and the Bureau. If consensus
cannot be reached, decisions are taken by vote. ( Art. 112 (7)

Settlement of Disputes, Amendments and
Withdrawal
 Any dispute concerning the judicial functions will be
settle by the decision of the court.
 Disputes between two or more Parties related to the
interpretation or application of the Statute will be
settle by (i) negotiations, (ii) the Assembly of State
Parties which may make recommendations or refer
the case to (iii) the International Court of justice.
(Art. 119)

Financial Regulations and Funds
 All financial matters are governed by the Statute
and adopted by the Assembly of Parties.
 The expenses of the Court are provided by
 a) Contributions made by States Parties
 b) Funds provided by the United Nations (Arts. 113-
117)

Amendments & Withdrawal
After the expiry of seven years from the entry into force
of the Statute, any State Party may propose
amendments.
 Any Party may, by written notification, withdrawal of the
Statute. The withdrawal will take effect one year after it is
made.
 A State won’t be discharged, by reason of the
withdrawal, from the obligations arising from the statute
while is was party. Its withdrawal won’t affect any
cooperation related to investigations or proceedings, nor
won’t prejudice the consideration of any matter prior to
the withdrawal became effective. (Art. 121)

International Criminal Court
investigations
 The Office of the Prosecutor has opened ten
official investigations and is also conducting an
additional nine preliminary examinations. Thus far,
39 individuals (all Africans) have been indicted in
the ICC, including Ugandan rebel leader Joseph
Kony, Sudanese president Omar al-Bashir, Kenyan
president Uhuru Kenyatta, Libyan leader Muammar
Gaddafi, and Ivorian president Laurent Gabagbo.

investigations
 So far, the International Criminal Court opened
investigations in ten situations: two in the Central
African Republic; Côte d'Ivoire; Darfur, Sudan; the
Democratic Republic of the Congo; Georgia, Kenya;
Libya; Mali; and Uganda.
 Additionally, the Office of the Prosecutor is conducting
preliminary examinations in ten situations in
Afghanistan; Burundi; Colombia; Gabon; Guinea;
Iraq / the United Kingdom; Nigeria; Palestine;
registered vessels of Comoros, Greece, and
Cambodia; and Ukraine.[2][3]

investigations
 The Court's Pre-Trial Chambers publicly indicted 39
people.
 The ICC has issued arrest warrants for 31 individuals and
summonses to eight others. Seven persons are in
detention. Proceedings against 22 are ongoing: nine are
at large as fugitives, four are under arrest but not in the
Court's custody, one is in the pre-trial phase, seven are
at trial, and one is appealing his conviction.
 Proceedings against 17 have been completed: three
have been convicted, one has been acquitted, six have
had the charges against them dismissed, two have had
the charges against them withdrawn, one has had his
case declared inadmissible, and four have died before
trial.

Two ilustrative Cases
 Lord’s Resistance Army/ LRA rebels, Case. Uganda. The LRA’s
Leader, Kony, has been accused of ordering the abduction of
children to become child soldiers and sex slaves. 66,000 children
became soldiers. 2 million people were displaced internally from
1986 to 2009. The insurgencies also gave rise to concentration
camps in Northern Uganda where over 2 million people lived
 Kony was indicted for war crimes and crimes against humanity by
the ICC in 2005, but has evaded capture.
 The HRW reported that Colombia is among 14 countries worldwide
(beyond Central and West Africa) that use child soldiers. In the
case of Colombia, the report adds that the FARC have recruited
children as young as 7 and forced them into combat. They execute
fighters who try to desert. There are no arrest warrants, no trials and
no convictions for the recruiters.
 Antipersonnel landmines and other banned weapons are still
being used by the FARC and the ELN, ( HRW’s World Report)

Two ilustrative Cases
 Lord’s Resistance Army/ LRA Kony received a surge of
attention in early March 2012 when a 30-minute documentary
titled Kony 2012 by film maker by film film maker Jason
Russell for the campaing group Invisible Children Inc. was
released
 https://www.youtube.com/watch?v=Y4MnpzG5Sqc
 https://www.youtube.com/watch?v=4IfBCT0aVaU
 Colombia ICC Case
 https://www.google.com/url?sa=i&rct=j&q=&esrc=s&source=ima
ges&cd=&cad=rja&uact=8&ved=0ahUKEwj9sb6Vsp7QAhUOx
mMKHZskBbgQjRwIBw&url=https%3A%2F%2Fjusticeinconflict.
org%2F2012%2F07%2F29%2Fcolombia-and-the-international-
criminal-court-new-prosecutor-new-
standards%2F&psig=AFQjCNGviIbFcOXMQ9UL3VnJivvt11mg
KQ&ust=1478874246368046

THE IN TERNATIONAL CRIMINAL
COURT - PART II
STRUCTURE AND
ORGANIZATION
Nancy Y. Munoz

Statute of Rome and the ICC- IGO

 The United Nations General Assembly convened a
diplomatic conference in Rome in June 1998 "to finalize
and adopt a convention on the establishment of an
international criminal court. Accordingly, The United
Nations Diplomatic Conference adopted the Rome
Statute of the International Criminal Court on July 17,
1998, by a vote of 120 in favor to seven against, with 21
abstentions. The Statute entered into force on 1 July
2002. As of May 2013, there were 122 parties to the
Statute

The International Criminal Court - IGO
 The ICC is an IGO because it has the basic characteristics that
distinguish the public international organizations from others. These
characteristics are:
 (i) Establishment by some kind of international agreement among
states. The Rome Statute of the International Criminal Court (often
referred to as to the International Criminal Court Statute or the
Rome Statute) is a multilateral treaty that established the International
Criminal Court (ICC).
 (ii) Possession of what may be called a constitution. The Rome
Statute is a multilateral treaty, which serves as the ICC's foundational
and governing document. The Rome Statute established an
International Criminal Court ("the Court") as a permanent institution
with the power to exercise its jurisdiction over persons for the most
serious crimes of international concern, “as referred to in this Statute,
and shall be complementary to national criminal jurisdictions. The
jurisdiction and functioning of the Court shall be governed by the
provisions of this Statute.”

 (iii) Possession of organs separate from its members. The ICC has
four principal organs: the Presidency, the Judicial Divisions, the Office
of the Prosecutor, and the Registry. These organs are separate of the
Estates members and independent in the performance of their functions.
 (iv) Establishment under international law. International law governs
the relationships, rights, and responsibilities of states and the ICC. In
fact, any dispute, other than those concerning the judicial functions of
the Court, between two or States Parties relating to the interpretation or
application of Rome Statute, which is not settle through negotiations or
the Assembly of the States Parties, will be referral to the International
Court of Justice (ICJ) in conformity with the Statute of that Court. (Art.
119-2 Statute of Rome)
 (v) Generally but not always an exclusive membership of states or
governments, but at any rate predominant membership of states or
governments. Only States are parties of the Rome Statute. As of March
2016, 124 states are parties to the Statute of the Court, including all the
countries of South America, nearly all of Europe, most of Oceania and
roughly half of Africa. A further 31 countries have signed but not ratified
the Rome Statute. However, Burundi, South Africa and The Gambia
have announced they will withdraw from the Rome Statute.

 (vi) International personality (distinct from that of their member
states).
 Article 4 of the Rome Statute provides that the International Criminal
Court shall have international legal personality and such legal
capacity as may be necessary for the exercise of its functions and the
fulfillment of its purposes. It shall, in particular, have the capacity to
contract, to acquire and to dispose of immovable and movable
property and to participate in legal proceeding
 (vii) Treaty-making capacity. The ICC has a Treaty-making capacity
as long as it makes agreements under international law. For example:
 The Agreement on Privileges and Immunities APIC of the ICC was
negotiated by the ICC Preparatory Commission (A body serviced by
the UN), adopted by the Assembly of the States Parties (composed of
States parties and separate to the Court) and then opened by
signature by all States, whether or not parties to the 1998 ICC
Statute.

The UN-GA Resolutions & IGO-ICC
 The binding effect of GA decisions is limited, ratione materiae, to
organizational matters, but may cover, ratione personae, the entire UN
sphere. Although GA resolutions are recommendatory as a rule,
especially regarding external relations with Member States, the Court
has recognized the binding legal effect of GA decisions pertaining
to: the admission of new Member States, voting procedure, or
apportionment of the budget, and in general has confirmed that the
Resolutions of the GA have no binding effect in the operational
realm of international peace and security. Neither the GA’s
budgetary powers in this area, nor its enforcement powers to suspend
or expel UN Members, fall outside of the organizational sphere.
 Thus, GA resolution decisions pertaining to ratione materiae, or
organizational matters such as: the admission of new Member States,
voting procedure, or apportionment of the budget; or ratione personae
bring binding legal effect. Other types of GA resolutions are
recommendatory as a rule, with regards to an IGO associated with this
criminal court?

ICC-Member states
 124 countries are States Parties to the Rome Statute of the
International Criminal Court. Out of them 34 are African
States, 19 are Asia-Pacific States, 18 are from Eastern Europe,
28 are from Latin American and Caribbean States, and 25 are
from Western European and other States.
 A Afghanistan Albania Andorra Antigua and Barbuda Argentina
Australia Austria B Bangladesh Barbados Belgium Belize
Benin Bolivia Bosnia and Herzegovina Botswana Brazil
Bulgaria Burkina Faso Burundi C Cabo Verde Cambodia
Canada Central African Republic Chad Chile Colombia
Comoros Congo Cook Islands Costa Rica Côte d’Ivoire Croatia
Cyprus Czech Republic D Democratic Republic of the Congo
Denmark Djibouti Dominica Dominican Republic E Ecuador El
Salvador Estonia F Fiji Finland France G Gabon Gambia
Georgia Germany Ghana Greece Grenada Guatemala Guinea
Guyana

ICC-Member states
 H Honduras Hungary I Iceland Ireland Italy J Japan Jordan
K Kenya L Latvia Lesotho Liberia Liechtenstein Lithuania
Luxembourg M Madagascar Malawi Maldives Mali Malta
Marshall Islands Mauritius Mexico Mongolia Montenegro N
Namibia Nauru Netherlands New Zealand Niger Nigeria
Norway P Palestine, State of Panama Paraguay Peru
Philippines Poland Portugal R Republic of Korea Republic
of Moldova Romania S Saint Kitts and Nevis Saint Lucia
Saint Vincent and the Grenadines Samoa San Marino
Senegal Serbia Seychelles Sierra Leone Slovakia Slovenia
South Africa Spain Suriname Sweden Switzerland T
Tajikistan The Former Yugoslav Republic of Macedonia
Timor-Leste Trinidad and Tobago Tunisia U Uganda United
Kingdom United Republic of Tanzania U Uruguay V Vanuatu
Venezuela Z Zambia

Who interprets the text of the ICC
statute
 The rules of interpretation derive of art. 21 Statute of Rome
within the broader context of the rules set out by the Vienna
Convention (VCTL); i.e., arts 31-33. Thus, the ICC Statute as
an international treaty, is subject to the VCLT Convention’s
rules of treaty interpretation.
 States Parties interpret the text of the ICC statute. In this
case, “any dispute, other than those concerning the judicial
functions of the Court, between two or more States Parties
relating to the interpretation or application of Rome
Statute, which is not settle through negotiations or the
Assembly of the States Parties, will be referral to the
International Court of Justice (ICJ) in conformity with the
Statute of that Court.” (Art. 119-2 Statute of Rome)

Who interprets the text of the ICC
statute
 On the other hand, the Assembly of States Parties to
the ICC has adopted the ICC elements of crimes
(EoCs), a non-biding instrument, which according to
art. 9 of the ICC statute, “shall assist judges in the
interpretation and application of Rome Statute
arts. 6, 7, 8 and 8 bis”.
 Further, in Kampala, States adopted by consensus a
list of interpretive Understandings, which together
with the (EoCs), will need to be applied in a
systematic manner by judges once the crime of
aggression enters in force.

Member State-ICC organization disputes
 Art. 31 (ICC-ASP/1/3)
 Settlement of disputes with third parties
 The Court shall, without prejudice to the powers and
responsibilities of the Assembly under the Statute, make
provisions for appropriate modes of settlement of:
 a) Disputes arising out of contracts and other disputes of a
private law character to which a Court is a party,
 b) Disputes involving any person referred to in the present
Agreement who, by reason of his or her official position or
function in connection with the Court, enjoys immunity, if such
immunity has not been waived.
 According to this provision, a member State-ICC organization
disputes will be handled under the Statute for appropriate modes
of settlement it indicates.

The ICC and advisory opinions from the ICJ
 According to the Rome Statute Art. 119-2
 Disputes between two or more Parties related to the
interpretation or application of the Statute will be settle by (i)
negotiations, (ii) the Assembly of State Parties which may
make recommendations or refer the case to (iii) the
International Court of justice. (Art. 119)
 As long as art. 119-2 of Rome Statute does not distinguishes
any kind of matter, the modes of settlement of disputes of any
subject regulated by the statute must be those indicated by this
provision. Now, the International Court of justice is one of those
instances referring in art.119, therefore, all mechanism using for
this judicial organ may be activated, including advisory
opinions.

The ICC would be recognized under 22 USC 288a and
an accompanying Presidential Executive Order in the
U.S.
 The International Organizations Immunities Act states: “For
the purposes of this title, the term "international organization"
means a public international organization in which the United
States participates pursuant to any treaty or under the authority
of any Act of Congress authorizing such participation or making
an appropriation for such participation...” (Section 1 of the Act).
 I O(s) need to fit the definition to be protected by this particular
Act. Although the Act initially vised at I O(s) of which the U.S.
was a member, recent extensions have covered also
international organizations with which the U.S. cooperate
but in which they do not participate, such as the Hong Kong
Economic and Trade Offices in 1997.
 Therefore, the ICC probably would be recognized under 22 USC
288a, but until now it has not been issued any Presidential
Executive Order in the U.S. with regards to this IGO.


Integration of the Rome Statute to Colombia
Legislation
 Colombia “ratifying the Rome Statute of the International Criminal
Court, adopted in Rome on the 17th day of July of 1998” through
Law 742 of 5 June 2002.
 Under Article 241/10 of Colombia's constitution, the
Constitutional Court must examine all international treaties signed
by the executive and their respective approval laws passed by
Congress. The Court exercises this function before ratification,
but also after approval by Congress and the executive. It is a
necessary step for the final ratification by Colombia of any
international treaty.
 In the case of the Rome Statute, the Congress -as part of the
process towards ratification- decided to amend the
constitution, passing Legislative Act No. 2 of 2001 (27
December 2001). The Act accepts the jurisdiction of the ICC and
amends Article 93 of the constitution of 1991.

The ICC non-judicial organs
 The President is responsible for the overall administration of the Court.
 The Presidency is composed of 3 judges – Elected by plenary of all 18
judge for 3 years of Term.
 The Registry. Headed by the Registrar, the principal administrative
officer of the Court. According to art. 43, paragraphs 1 and 2, of the
Rome Statute, the Registrar shall be the principal administrative officer
of the Court exercising his functions under the authority of the President
of the Court, and on the basis of which he shall be responsible for the
non-judicial aspects of the administration and servicing of the
Court, without prejudice to the functions and powers of the Prosecutor
in accordance with article 42 id.
 Functions:
 Reports to the President.
 Non-judicial administration of the Court.
 Administration of legal aid to defendants, victims and witnesses.

 ICC - Assembly of States Parties (ASP)
 The Assembly of States Parties is the management oversight and
legislative body of the International Criminal Court.
 It is composed of representatives of the States that have
ratified and acceded to the Rome Statute. Each State Party is
represented by a representative, who is proposed to the Credential
Committee by the Head Of State of government or the Minister of
Foreign Affairs (Chapter IV of the Rules of Procedure of the Assembly
of States Parties).
 The Assembly of States Parties has a Bureau, consisting of a
President, two Vice Presidents and 18 members elected by the
Assembly for a three-year term, taking into consideration principles of
equitable geographic distribution and adequate representation of the
principal legal systems of the world

 Functions of ICC - Assembly of States Parties (ASP)
 The Assembly of States Parties decides on various items, such
as the adoption of normative texts and of the budget, the
election of the judges and of the Prosecutor and the Deputy
Prosecutor(s), Oversees the work and administering of the
Court.
 According to article 112 (7), each State Party has one vote and
every effort has to be made to reach decisions by consensus
both in the Assembly and the Bureau. If consensus cannot be
reached, decisions are taken by vote.
 The Assembly of States Parties (ASP) issued the resolution
ICC-ASP/2/Res.3 on the establishment of the permanent
secretariat of the Assembly of States Parties to the
International Criminal Court, the Secretariat shall operate under
the full authority of the Assembly and report directly to the
Assembly; for administrative purposes, the Secretariat and its
staff shall be attached to the Registry of the Court, as a part
of the staff of the Registry, which shall begin its operations on 1

Secretariat of the Assembly of States
Parties
Functions Provide the Assembly and the personal of the Court, on
permanent basis, with independent substantive servicing as
well as administrative and technical assistance such as:
 Conference-servicing functions: Planning, coordination and
servicing of meetings, including the provision of interpretation
services; Preparation, processing and publishing of
documentation, including the editing, translation, printing and
distribution of documents; Coordination of the effective
functioning of conference and support services.
 Core legal and substantive functions: Including provision of
documentation; preparation of pre-session and in-session
documents, reports and analytical summaries; preparation of
notes and statements for the President of the Assembly or
chairpersons of the serviced bodies; provision of
interpretation; provision of legal advice on rules of
procedure; Advice within the Secretariat on legal and
substantive issues relating to the work of

Secretariat of the Assembly of States
Parties- Functions
 the Secretariat; Corresponding with Governments, the Court, non-
governmental organizations; Protocol and credentials; Public
relations;
 Core legal and substantive functions: Provision of advice on the
Financial Regulations and Rules, Preparation of the section of the
draft budget.
 Administrative functions: Secretarial work; Management of
Secretariat personnel; Administration of the budget of the
Secretariat; Building and property management; Maintenance of
records and archives, and library; Any other functions that the
serviced bodies entrust to the Secretariat.
 The Secretariat shall be directed by the Director of the
Secretariat, who will be selected by the Bureau of the Assembly,
in consultation with States Parties, on the basis of a competitive

The ICC non-judicial organs - Other
Offices
 The Assembly has established its Bureau, the
Credentials Committee, the Committee on Budget
and Finance and the Special Working Group on the
Crime of Aggression by virtue of article 112, paragraph
4, of the Rome Statute,
 Office of the Public Counsel for the Defense (OPCD)
 Office of Public Counsel for Victims (OPCV)
 – Both function independently.
 – Both report to the Registry for administrative purposes
only.
 Trust Fund for Victims (TFV) – A body of the ASP.

The ICC Employment – Regulations and Rules
 The Assembly of States Parties (ASP) adopted the Staff
Regulations for the ICC on Second session, New York, 8-12
September 2003 through Resolution ICC-ASP/2/10
 The ASP considering that the Registrar, with the agreement
of the Presidency and the Prosecutor, shall propose to the
AP the Statute staff regulations that include the terms and
conditions upon which the staff of the Court shall be
appointed, remunerated and dismissed (art. 4, Sec. 3
Rome Statute), Approved the Staff Regulations for the ICC,
which are contained in the Annex to the ICC-ASP/1/Res.10.
 The Staff Regulations embody the fundamental conditions of
service and the basic rights and obligations of the ICC staff.
They represent the broad principles of personnel policy for
the staffing and administration of the Registry, of which the
Secretariat of the ASP is an integral part, as well as the
Presidency, the Chambers and the Office of the
Prosecutor.

The ICC Employment – Regulations and Rules
 The Annex to the ICC-ASP/1/Res.10 regulates
subject matters such as: Duties, obligations and
privileges (Article I), Classification of post and staff
(Article II), Salaries and related allowances (Article III),
Appointment and promotion (Article IV), Annual and
special leave (Article V), Social Security (Article VI),
Travel and removal expenses (Article VII), Staff
relations (Article VIII), Separation of service (Article IX),
Disciplinary measures (Article X), Appeals (Article XI),
Amendment and implementation (Article XII). Moreover,
an Appendix devote to Selection of the staff of the
International Criminal Court.

The ICC Financial – Regulations and Rules
 According to article 113 of the Rome Statute:
 “Except as otherwise specifically provided, all financial
matters related to the Court and the meetings of the Assembly
of States Parties, including its Bureau and subsidiary bodies,
shall be governed by this Statute and the Financial
Regulations and Rules adopted by the Assembly of States
Parties.”
 The Financial Regulations and Rules, and the budget for the
first year shall be drafted by the Preparatory Commission for
the ICC; afterward, it shall be adopted by the Assembly of
State Parties.
 Being a decision on a matter of substance, they would need to
be approved by a two-thirds majority of those present and
voting (art. 112.7(a)).
 The Rome Statute lays out the basic structure of the Court’s
financial framework: There is a single financial framework for
both the Court and its overseeing body, the Assembly of State

 The ICC-ASP/1/Res.4 established the Committee on
Budget and Finance on 2003,which consist of twelve
members elected by the ASP to serve three years.
 Financial Regulations and Rules contents are referred to
the following general chapters 1.Applicability; 2.The
financial period; 3. Programmed budget; 4.Appropriations;
5.Provision of funds; 6.Funds; 7.Other income; 8.Custody
of funds; 9.Investment of funds; 10.Internal control; 11.The
accounts; 12.Audit; 13. General provisions; and an Annex
referred to Additional terms of reference governing the
audit of the ICC.

Rules concerning dues assessments from the
member States and apportionment of contributions
 The Court and the Assembly are financed from assessed
contributions from State Parties, which are based on the scale
adopted by the United Nations for its regular budget; and from funds
provided by the United Nations, subject to the approval of the
General Assembly, in particular in relation to the expenses incurred
due to referrals by the Security Council (art. 115).
 Voluntary contributions are allowed, as additional funds, in
accordance with relevant criteria adopted by the Assembly of State
Parties (art. 116).
 The Assembly of State Parties considers and decides the budget of
the Court (art. 112.2(d)).
 The Court has an independent auditor (art. 118).
 Various instruments will further develop the Court’s financial
framework. Most important are the Financial Regulations and the
Court’s relationship agreement with the UN. These instruments
must meet Court’s objective of being an independent and effective

Rules concerning dues assessments from the member
States and apportionment of contributions
 Consistent with the practice of the UN and all major international
organizations, the funds of the ICC are to be apportioned among the
states parties. In particular, according to article 117 of the Rome
Statute (assessment of contributions):
 "The contributions of States Parties shall be assessed in
accordance with an agreed scale of assessment, based on the scale
adopted by the United Nations for its regular budget and adjusted in
accordance with the principles on which that scale is based."
 The option, which was adopted in the Rome Statute, envisaged a
system based on percentage rather than classes and units, which
therefore provided an unlimited variation of assessments and in
which states were not free to choose their own assessment. (The
Preparatory Committee’s Final Draft provided for two alternative
assessment scales as models for the Court’s scale.)

Rules concerning dues assessments from the
member States and apportionment of contributions
 Unlike other international organizations, the Rome
Statute does not mandate a pre-defined scale of
assessment in its constitutive document. Article 117
provides a rather general model (“the scale adopted
by the United Nations for its regular budget...”).
 That model can and should be adjusted and
adjustments have to be made “...in accordance with
the principles on which that scale is based”. Finally,
the ICC scale of assessment has to be agreed on by
states parties.

 Depending on the stipulations of the Assembly, the Financial
Regulations could also regulate further delicate issues such as
the scale of assessment of State Parties’ contributions (e.g.,
if and how the UN minimum and maximum threshold will be
used) and the possible UN contribution (e.g., guidelines for
cases that the Security Council refers to the Court). The
Assembly of State Parties’ criteria on voluntary contribution could
have fundamental bearing on the Court’s perceived
independence.
 Furthermore, the Rome Statute refers certain matters to the
ASP, which could be incorporated into the Financial
Regulations. According to art 79, a Trust Fund shall be
established by decision of the Assembly of States Parties for the
benefit of victims of crimes within the jurisdiction of the Court,
and of the families of such victims. The Trust Fund shall be
managed by criteria to be determined by the ASP to facilitate
coherent and transparent rules, these provisions should be
incorporated into the Financial Regulations.

The ICC Employment Disputes
 Regulation 11.1 The Registrar or the Prosecutor, as appropriate, shall
establish administrative machinery with staff participation to advise them in
case of any appeal by staff members against an administrative decision
alleging the non-observance of their terms of appointment, including all
pertinent regulations and rules.
 ILOAT is a court that the ICC institution uses for employment disputes
according to Art. 11.2 of ICC-ASP/2/Res.2
 Regulation 10.2 (a) The Registrar or the Prosecutor, as appropriate, may
impose disciplinary measures on staff members whose conduct is
unsatisfactory. (b) The Registrar or the Prosecutor, as appropriate, may
summarily dismiss a member of the staff for serious misconduct, including
breach of confidentiality.
 Article XI Appeals
 Regulation 11.2 The Administrative Tribunal of the International Labor
Organization shall, under conditions prescribed in its statute, hear and pass
judgment upon applications from staff members alleging non-observance of
their terms of appointment, including all pertinent regulations and rules.

Rome Statute Amendments and votes required.
 1. After the expiry of seven years from the entry into force of this
Statute, any State Party may propose amendments thereto. The text
of any proposed amendment shall be submitted to the UN Secretary-
General, who shall promptly circulate it to all States Parties.
 2. No sooner than three months from the date of notification, the
ASP , at its next meeting, shall, by a majority of those present and
voting, decide whether to take up the proposal. The Assembly may
deal with the proposal directly or convene a Review Conference if
the issue involved so warrants.
 3. The adoption of an amendment at a meeting of the Assembly of
States Parties or at a Review Conference on which consensus cannot
be reached shall require a two-thirds majority of States Parties.
 4. Except as provided in paragraph 5, an amendment shall enter into
force for all States Parties one year after instruments of ratification or
acceptance have been deposited with the Secretary-General of the
United Nations by seven-eighths of them. (Rome Statute Arts. 121,
122, 124)

The ICC-organization dissolution
 The Statute of Rome includes no express provision
for dissolution of the ICC. Thus, a decision to
dissolve should be taken by the ASP and treated as
a matter of substance under Article 112 (7- a))
requiring a two-thirds majority. The fact that the
decision would have a dispositive effect is not an
obstacle as there are other decisions with similar
effect, such as budgetary and financial decisions,
which are taken under the same pro
 The constitutional amendment procedure may also
be used to dissolve an organization, although
dissolution is not the same as amendment. vision.
Withdrawal has already been mentioned as a
possible method of dissolution. There is also the
possibility of denunciation, which is similar to

Colombia Case
 Phase 3: Admissibility
 Jurisdiction – General status
 Colombia deposited its instrument of accession to the
Rome Statute on 5 August 2002 together with a declaration
pursuant to article 124 excluding war crimes from the
jurisdiction of the ICC for a seven-year period. The ICC
may therefore exercise its jurisdiction over war crimes
committed in the territory or by the nationals of Colombia
since 1 November 2009 and over other crimes listed in the
Rome Statute committed since 1 November 2002.

Colombia Case
Focus of the preliminary examination
 The situation in Colombia has been under preliminary
examination since June 2004. The OTP has received
numerous communications under article 15 of the Rome Statute
in relation to the situation in Colombia. The preliminary
examination focuses on alleged crimes against humanity and
war crimes committed in the context of the armed conflict
between and among government forces, paramilitary armed
groups and rebel armed groups, including the crimes against
humanity of murder; forcible transfer of population; imprisonment
or other severe deprivation of physical liberty; torture; and rape
and other forms of sexual violence; and the war crimes of
murder; intentional attacks against civilians; torture; other cruel
treatment; outrages on personal dignity; taking of hostages; rape
and other forms of sexual violence; and using children to
participate actively in hostilities.
 The preliminary examination also focuses on the existence and
genuineness of national proceedings in relation to these
crimes.

ICC Information
 website at http://www.icc-cpi.int. The site
 contains legal texts, Court rulings and documents, the
hearing schedule, information about situations and cases
before the ICC as well as the organs of the Court, press
releases and information for media representatives,
employment opportunities, the ICC Internship and Visiting
Professionals Programme, and other information about the
Court.
 . https://www.youtube.com/watch?v=Y4MnpzG5Sqc
 ICC Current Prosecutor, Fatou Bensouda, to the UNSC on
the Situation in Libya. Former Prosecutor, Luis Moreno
Ocampo.
 https://pbs.twimg.com/media/

THE IN TERNATIONAL
CRIMINAL COURT
THANK YOU
Nancy Y. Munoz

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