- What is the International Criminal Court?
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- How does the International Criminal Court work?
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The International Criminal Court is a permanent court established to try exclusively individuals, and not states, who, as organs of the state or as private citizens, have committed very serious crimes against humanity (genocide, war crimes, crimes of against humanity and crimes of aggression). ) provided for in the Statute of the Court; this statute to which reference is made, or the Treaty adopted by the Diplomatic Conference of Rome in 1998, and which entered into force in 2002, defines the jurisdiction, powers and functioning of the Court.
123 countries have acceded to the Treaty, while another 32 have acceded, but have not yet ratified the document. Among these most recently mentioned countries are: the State of Israel, Russia, the United States and Sudan. China, on the other hand, represents a particular case as it has never signed or ratified the Treaty.
In this sense, the doctrine has set out to highlight how the refusal to join the United States could be a significant obstacle to the process of executing the action of the Court. The question raised on this point is undoubtedly alarming, especially if we take into account that the ratification process that points to the entry into force of the Statute is now in full swing and that the position adopted on the matter by a superpower like the United States . it can only influence the choices of many other countries.
A relapse in agreed accessions occurred as a result of initiatives in support of research at the top of the Sudanese and Kenyan states, the subject of numerous investigations by the ICC.
Indeed, there has been the phenomenon of protests by African states, in the face of an alleged ferocity of the Court against the continent and its political management practices. Subsequently, several states on the African continent have announced their intention to withdraw from the Rome Statute to exclude the jurisdiction of the Court in their territory.
Regarding its competence, this body can judge crimes committed in the territory of an adhering State and those committed by a person from a non-adherent State but still in the territory of a country that is part of the Court. A peculiarity is the fact that States that have not acceded to the Treaty are not obliged to extradite citizens accused of the crimes provided for in it.
In principle, the crimes within the jurisdiction of the Court are genocide, crimes against humanity, war crimes and aggression (although the definition is somewhat controversial).
A central element of the Treaty are the articles on jurisdiction: this can be exercised at the request of a State Party, the Security Council or, in the event that the prosecutor has free will, initiate an investigation.
To date, 30 cases have been brought to the attention of the Court and its activity has focused heavily on cases related to the African continent. However, in general, the ongoing trials mainly concern alleged crimes against humanity, as well as the infamous crime of genocide.
However, it should be noted that a crime against humanity means one of the acts listed below, if it is committed in the context of an extensive or systematic attack against civilian populations:
The position of president is currently held by Nigerian judge Chile Eboe-Osuji.
It is very important that the International Criminal Court is not confused with the International Court of Justice, also known as the International Court of The Hague, which is the main judicial organ of the United Nations.
The law firm International Lawyers Associates has the collaboration of highly experienced lawyers, senior lawyers, who have acquired experience and have consolidated incomparable skills. These are lawyers accustomed to providing assistance before such an authoritative institution, they have participated in the most delicate trials, dealt with by all national and international authorities.
The International Lawyers Associates Law Firm Team has offered, and still offers, its assistance also in matters of genocide, war crimes, crimes against humanity and crimes of aggression, guaranteeing the defense of any individual.
This defense is ensured by the team of International Lawyers Associates Law Firm without seeking media coverage, even in the case of maxi-trials, thanks to the valuable contribution of these professionals.
International criminal law condemns international individual crimes, that is, the set of crimes committed by individuals and harmful to interests and values disseminated internationally.
Criminal law in this case refers directly to the perpetrators of such crimes and not only to the States to which they belong; In this way, a jurisdictional model is obtained that is aimed at all people who are part of the legal system, regardless of the legal-subjective position they occupy.
To respond to the need to create a specific body to condemn this type of conduct, the International Criminal Court was created, a completely independent judicial body in its development and operation of the United Nations: the relations between the Court and the Organization of the United Nations are based solely on the agreement approved by the Assembly of States.
Anyone wishing to receive legal assistance involving serious and qualified international legal cooperation can contact the International Lawyers Associate Law Firm Team; This team of lawyers has the collaboration of some of the best specialized lawyers to represent the client in the International Criminal Court.
The defense, in this sector, requires in fact the experience acquired through constant participation in the trials that are carried out against recognized defendants, knowledge of all international legislation and that related to investigative collaboration between the judicial authorities of different countries.
The activation of the intervention of the International Criminal Court is the responsibility of the Prosecutor, a State party or the United Nations Security Council; The latter has a dual power: it can refer a situation to the Court when it considers the conditions for its intervention met and, in addition, it has the power to interrupt the investigation activities and the process for a period of 12 months from its resolution. order.
The activity of the Court is subject to important admissibility conditions, also called "trigger mechanisms". In this sense, its activity can only be directed against crimes committed since 2002, then it can pronounce itself only if there is a crime within its competence, if the author of this crime is a citizen of a ratifying state or has accepted jurisdiction, or if the crime occurred on the territory of a State party.
Therefore, we face a clearly complementary type of competition. This body is activated when the State that would have jurisdiction to judge and pronounce, is completely inactive or is shown to be "incapable" of proceeding, as well as in cases of extreme gravity of the crime.
A fundamental role in this procedure is played by the Court Attorney who, in accordance with the provisions of the Statute, constitutes the top of a hierarchically organized Public Ministry. Within this office, the powers, functions and responsibilities are attributed solely to the Chief Prosecutor.
Based on the provisions of the aforementioned Statute, the prosecutor's activity is carried out in four phases: first, it collects information related to the commission of the crimes, then it decides, in a totally discretionary manner, whether to proceed with the opening of the investigations. , and finally formulates the most suitable charges.
Recently, the International Criminal Court, in order to better protect the victims of these particularly serious crimes, is trying to develop guidelines for the implementation of the institute of the reparation order, an institute that will be located next to the convictions.
The introduction of the reparation order in the judicial system is a clear expression of the importance that victims are recognized in such circumstances. The reparation system made available to victims in the context of the ICC is characterized by its peculiar bipartite structure, mainly from a conceptual and procedural point of view.
Within the general concept of "provisioning" in favor of victims of crimes within the jurisdiction of the Court, it is necessary to distinguish the two categories of reparation, a distinction from which specific repercussions of an institutional nature derive in the normative context of the ICC, power assigned to the Court on the basis of issuing court orders containing remedial measures, in the context of a specific judicial procedure that is located chronologically at a time after the determination of criminal responsibility. The issuance of these reparation orders therefore presupposes the prior conviction of the accused!
Recently, the ICC, an international court based in the Netherlands, sentenced former Congolese rebel Bosco Ntaganda, who in July was found guilty of war crimes and crimes against humanity: she was sentenced to 30 years in prison, the sentence largest ever issued by the Court. He was the first person convicted by the International Criminal Court for the crime of sexual slavery; the other crimes for which he was convicted include murder, rape and the use of child soldiers.
As is clear from what is specified, in these cases the procedure is quite complex, so the support of professionals such as the employees in the office International Lawyers Associates It's fundamental.
Before an arrest, the highest priority is to receive specialized legal assistance as soon as possible and to maintain contact with the outside.
If you or a loved one has been arrested, we can help you.
Assistance to the detainee in the same police units within 12 hours to cover all the needs of the affected person and his family.
We offer information, assistance and advice to the detainee and his family for the duration of the entire process.
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