What is the recent issue?
The International Criminal Court recently issued a warrant for arrest against Russian President Vladimir Putin.
The reason is his alleged involvement in the abduction of children from Ukraine.
Why Did the ICC Issue Arrest Warrants?
- They are allegedly responsible for unlawfully deporting and transferring children from Russian-occupied areas of Ukraine to the Russian Federation.
- The ICC has also accused Putin of failing to exercise control properly over civilian and military subordinates under his effective authority.
What is International Criminal Court?
- The ICC is an independent international organization and is not part of the UN system
- It is the first permanent treaty-based court established to help end impunity for the most serious crimes of concern to the international community
How does it formed?
- It was created two decades ago as a standing body under the Rome Statute of 1998. The Rome Statute entered into force in 2002
- UNSC had earlier established ad hoc tribunals. Their role was to address atrocities in places such as Yugoslavia and Rwanda.
- Many democracies have joined the ICC, including close US allies like Britain. But the US has not joined
- Russia is also not a member
Organs of ICC?
The International Criminal Court is made up of four important organs:
- Judicial Division
- Office of Prosecutor
What are the roles and powers of ICC?
Role: To investigate war crimes, genocide and crimes against humanity.
Powers in the present case:
- The court does not have the power to arrest sitting heads of state or bring them to trial
- She must rely on other leaders and governments to act as her sheriffs around the world.
- A suspect who manages to evade arrest may never have a confirmation hearing.\
What are its functions?
- The ICC’s duties are structured to be consistent with the member states’ current judicial systems.
- The International Criminal Court can only prosecute a person when the country in question is unable to do so. Instead of replacing national courts, the ICC seeks to supplement them.
- The ICC seeks to put an end to impunity and ensure that those who commit serious crimes against humanity are brought to justice.
- It is controlled by the Rome Statute, an international law. The Statute becomes effective on July 1, 2002.
- It uses English and French as its working languages. English, French, Arabic, Chinese, Spanish, and Russian are the six official tongues.
What are the Limitations of the International Criminal Court (ICC)?
- The ICC heavily relies on the international corporation for the arrest and detention of criminals. It doesn’t have its police force.
- The working of the ICC has been inconsistent and selective in taking up cases because of heavy reliance on multinational cooperation.
- There are insufficient checks and balances on the authority of the ICC.
- Lack of universal jurisdiction and is limited to only member states.
What are the Jurisdictions of ICC?
The Rome Statute gives the ICC jurisdiction on four international crimes that are genocide, crimes against humanity, war crimes, and aggression. The ICC can use its jurisdiction in the following situations:
- The ICC can use its jurisdiction on genocides that occurred after 1 July 2002.
- The ICC can use its jurisdiction to look into a war crime if the crime is committed by one of its member countries or in such a country’s territory.
- The ICC has jurisdiction over cases referred to by the United Nations Security Council.
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