The International Criminal Court

Translated by Angela Tagliafierro

Currently being discussed by the Italian audience, the International Criminal Court (ICC) has been attacked by Giorgia Meloni and Donald Trump, who criticised its role and tasks.

What really is ICC? How does it work and what does it aim to do?

The ICC is an international, permanent penal court judging people charged of the most serious crimes, worrying the whole international community: genocides, crimes against humanity, war crimes and, since 2018, aggression.

It was founded through the Rome Statute (1998), which came into effect in 2002, and it’s located in The Hague. Currently, 125 Sates ratified the statute: 33 African States, 19 Asian-Pacific States, 20 from the East Europe, 28 from South America and Caribbean and 25 from West Europe. Differently, United States, Russia, China, Israel don’t acknowledge the Court’s jurisdiction, limiting its action. Furthermore, the ICC can only exercise its jurisdiction when the national judicial systems are not able or unwilling to prosecute such crimes, in compliance with the principle of complementarity, and for crimes committed after the Statue came into effect.

The court is composed of four main bodies. The Presidency deals with the administration and is the international representant of the institution. The Judicial Divisions, organised into three Chambers (Pre-Trial, Trial, Appeals), carries out the trials. The Office of the Prosecutor investigates and pursues the lawsuits, while the Policy Paper supports the Court technically and logistically.

The ICC can pursue a lawsuit on demand of a member State as well as of the UN Security Council or because of the Prosecutor’s decision, subject to the authorisation of the Pre-Trial Chamber.

The procedure is carried out through three phases:

1. Preliminary examination: the Prosecutor checks the presence of enough hints and if the presumed crimes are under the Court’s jurisdiction. If these conditions are satisfied, the Prosecutor collects evidence and can ask for an arrest warrant or summon the investigated.
2. Pre-trial phase: the Pre-Trial Chamber, composed of three judges, meets the Prosecutor, the defense of the victims and, within 60 days, decides if the elements are enough to pursue a lawsuit.
3. The trial: three judges examine the evidence and announce the verdict: other than the compensation for the victims, they may also decide to condemn the investigated to a life sentence.
4. Appeal: both the Prosecutor and the Defense can appeal: five judges, organised into another chamber, will confirm, reject or modify the verdict.
5. Verdict execution: if the condemned are arrested thanks to the cooperation of the national authorities, they serve time in the prisons of the States member of the Statute.

Currently, the ICC is investigating on many conflicts and violations of human rights in countries like Sudan, Democratic Republican of Congo, Ukraine, and Myanmar. It condemned many people for war crimes committed in the old Yugoslavia and solved cases known internationally, highlighting crimes due to child soldiers, the destruction of the cultural heritage, rapes, and attacks against civilians. It has issued arrest warrants against military and political leaders, including the ex-Sudanese President Omar al-Bashir and the Russian President Vladimir Putin, for war crimes in Ukraine.

However, its work faces some significant obstacles: since the Court doesn’t have its own police forces but depends on the State members, it is not easy to issue a warrant and arrest the suspected.

So, the recent criticism by Meloni and Trump are part of a wider debate on the legitimacy and impartiality of the international justice. On one hand, the ICC is a concrete way of opposing impunity and guaranteeing justice to the victims of atrocious crimes. On the other hand, its efficacy depends on the political will of the State members and their availability to cooperate.

Therefore, the future of the Court is related to the ability of the international community of reinforcing its role and overcome the political resistance limiting its action.

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