critically evaluate the role of the ICC

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  1. Kofi Annan made the following statement at the ceremony celebrating the adoption of the Statute of the International Criminal Court on 18 July 1998:

No doubt many of us would have liked a court with even more far reaching powers, but that should not lead us to minimise the breakthrough you have achieved. The establishment of the court is still a gift of hope to future generations, and a giant step forward in the march towards universal human rights and the rule of law.

Critically evaluate the function and powers of the ICC.   In your answer, you should address the ‘far reaching powers’ referred to by Mr Annan, and consider whether their absence will materially impact on the effectiveness of the court.

INTRODUCTION

The International Criminal Court(ICC) was established on the 17 July 1998 through the adoption of the Rome Statute of the International Criminal Court. The Court came into fruition in July of 2002 by obtaining the required sixty signatures from nations around the world. The function of the ICC is to try and punish individuals who have committed the most serious crimes against humanity and have violated human rights. It is designed to bring to justice criminals who have avoided the eye of the law as a result of their national justice system failing at the task. The power and jurisdiction of the ICC is granted by the Rome Statute of the International Criminal Court. The Rome statute is an international treaty, binding only those countries which formally express consent to be bound by its provisions.  This essay will critically evaluate the function and power of the ICC and will detail some of the limitations which the ICC face and how these limitations impact on the effectiveness of the ICC.

FUNCTION OF THE INTERNATIONAL CRIMINAL COURT

The ICC functions by States Parties or United Nations Security Council referring a particular crime or crimes within the courts jurisdiction to the Prosecutor. The court has a head Prosecutor who is elected by the States Parties and is assisted by two deputy Prosecutors. The Prosecutor will decide, on the basis of the information, whether to proceed with an investigation. The Prosecutor may also initiate an investigation independently, off its own accord. In such a situation the Prosecutor will receive information from a source and if he holds the information to merit an investigation, he seeks approval from the Pre-Trial Chamber to proceed with an investigation.

The Pre-Trial Chamber is responsible for the judicial proceedings if any are to arise as a result of the investigation conducted by the Prosecutor. The Pre-Trial Chamber can issue a warrant for arrest or a summons to appear if there are reasonable grounds which indicate that a person has committed a crime within the courts jurisdiction. Following the arrest of the person who is under the investigation, the Pre-Trial Chamber holds a hearing which outlines the charges against the individual.

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Once the charges are confirmed against the individual, a case is directed to a Trial Chamber which consists of three judges. The Trial Chamber is responsible for conducting the trial proceedings against the accused and is expected to provide a ‘fair expeditious proceedings with full respect of the rights of the accused’. The Defendant may self-represent or seek legal representation and victims are eligible to participate in the proceedings.

At the conclusion of the trial the Trial Chamber determines the guilt or innocence of the accused. If the accused is found guilty they may be sentenced for up ...

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