What is an ICC referral?

What is an ICC referral?

A State Party referral is when any country that has ratified the Rome Statute (making them a State Party) refers alleged atrocity crimes to the ICC Prosecutor. The atrocities must have been committed: on the territory of the State Party that makes the referral or on the territory of another State Party; or.

What countries do not recognize the ICC?

The seven countries that voted against the treaty were China, Iraq, Israel, Libya, Qatar, the United States, and Yemen.

What is the ICC in the UN?

The International Criminal Court (ICC) is an independent judicial body with jurisdiction over persons charged with genocide, crimes against humanity and war crimes.

How many countries recognize the ICC?

123 countries
Currently, 123 countries are ICC members, giving the ICC authority, under its founding treaty, the Rome Statute, to investigate and prosecute crimes committed by their nationals or by anyone on their territory.

What kind of cases does the ICC take on?

What is the ICC? The International Criminal Court is a permanent court to prosecute serious international crimes committed by individuals. It tries crimes such as genocide, war crimes, crimes against humanity, and aggression.

Why hasn’t the US joined ICC?

The International Criminal Court exists only to assert jurisdiction when a country hasn’t investigated its own nationals for the most serious of offenses, and Russia hasn’t done that. In the case of Afghanistan, though, the United States had investigated most of those offenses.

How many people have ICC sentences?

Of the thousands of situations and potential cases that could have been investigated by the ICC and come to trial, only 44 people have been indicted, with 45 cases before the ICC. Further, only 14 out of the 45 have resulted in a complete proceeding, and only nine were convicted.

What crimes does the ICC investigate?

The ICC has jurisdiction over the most serious crimes of concern to the international community as a whole namely genocide, crimes against humanity and war crimes, when committed after 1 July 2002. Each of these crimes is clearly defined in the Rome Statute and other relevant texts.

Who can bring a case to the ICC?

The Prosecution is independent The Office of the Prosecutor is an independent organ of the Court. The Prosecutor conducts preliminary examinations, investigations and is the only one who can bring cases before the Court.

Who has been convicted by ICC?

There are 4 convictions: Lubanga, Katanga, Bemba, and al-Mahdi. The ICC consists of 18 judges and has a 2016 budget of 153.32 million euros.

Why isn’t the US in the ICC?

At present 123 nations have ratified the Rome Statute and are members of the ICC Assembly of States Parties. While the United States played a central role in the establishment of the Rome Statute that created the ICC, the United States is not a State Party.

Can ICC prosecute non member?

Who can be prosecuted before the ICC? The ICC prosecutes individuals, not groups or States. Any individual who is alleged to have committed crimes within the jurisdiction of the ICC may be brought before the ICC.

Why won t US join ICC?

United States participation in the ICC treaty regime would also be unconstitutional because it would allow the trial of U.S. citizens for crimes committed on U.S. soil, which are otherwise entirely within the judicial power of the United States.

Can the ICC try someone in absentia?

The use of trials in absentia has not been common in recent years in inter- national law. The Rome Statute of the International Criminal Court (icc) explicitly prohibits the use of trials in absentia,26 as well as the Statutes of the ad hoc tribunals.