International Criminal Court: Media channels across the globe flashed headlines last week when news came in that an arrest warrant has been issued against Russian President Vladimir Putin. The International Criminal Court (ICC) issued the warrant on March 17 over war crime, as Putin was accused of being responsible for the alleged unauthorised deportation and transfer of children from the occupied parts of Ukraine to the Russian Federation. An arrest warrant has also been issued against the Russian commissioner for children's rights, Maria Alekseyevna Lvova-Belova.
“...there are reasonable grounds to believe that President Putin and Ms Lvova-Belova bear criminal responsibility for the unlawful deportation and transfer of Ukrainian children from occupied areas of Ukraine to the Russian Federation, contrary to article 8(2)(a)(vii) and article 8(2)(b)(viii) of the Rome Statute,” reads the statement issued by Prosecutor Karim AA Khan KC after ICC ruling came.
The Rome Statute of the ICC, the treaty that established the court, was adopted in 1998 and has been in force since 2002. Russia had initially the Rome Statute in 2000, but never ratified it to become an ICC member nation. In 2016, Moscow withdrew its signature.
Russia has dismissed the arrest warrants issued by the ICC.
As quoted by media reports, Kremlin spokesman Dmitry Peskov said Moscow found the very questions raised by the ICC “outrageous and unacceptable”. He noted that Russia, like many other countries, does not recognise the jurisdiction of the ICC.
“And accordingly, any decisions of this kind are null and void for the Russian Federation from the point of view of law,” he stated.
The ICC has, however, said the fact that Russia never ratified the Rome Statute is “completely irrelevant”. According to the ICC, States Parties that ratified its conventions are obligated to arrest Putin if he visits any of those nations.
What Is International Criminal Court?
On July 17, 1998, as many as 60 countries signed the Rome Statute after it was opened for signature by the United Nations. The Rome Statute laid the foundation for the establishment of the International Criminal Court in 2002. Its purpose is to investigate and prosecute war criminals.
Based in The Hague, the International Criminal Court investigates and, where warranted, tries individuals charged with the gravest crimes of concern to the international community: genocide, war crimes, crimes against humanity and the crime of aggression.
The court has an Assembly of States Parties, called "the Assembly", which is its management oversight and legislative body composed of representatives of the states that have ratified the Rome Statute. The representatives meet and provide management oversight for the court, including electing judges and the prosecutor and approving the ICC’s budget.
ICC provides assistance, support and reparations to victims through a Trust Fund, which relies on voluntary contributions from both member states and private parties.
Four Organs Of ICC
Presidency: It conducts external relations with states, coordinates judicial matters such as assigning judges, situations and cases to divisions, and oversees the Registry's administrative work
Judicial Divisions: 8 judges in 3 divisions — Pre-Trial, Trial and Appeals — conduct the judicial proceedings
Office of the Prosecutor (OTP): It conducts preliminary examinations, investigations, and prosecutions
Registry: It conducts non-judicial activities, such as security, interpretation, outreach, support to Defence and victims' lawyers, and more
What Is Rome Statute Of ICC?
The Rome Statute of the International Criminal Court is the treaty that established the ICC. It was adopted at a diplomatic conference in Rome, Italy, on July 17, 1998, and came into force on July 1, 2002. As of November 2019, as many as 123 states are party to the statute.
The Rome Statute established three separate bodies — the Assembly of States Parties, the International Criminal Court, and the Trust Fund for Victims.
According to the court's website, the Rome Statute grants the ICC jurisdiction over four types of core international crimes — genocide, crimes against humanity, war crimes, and crime of aggression — and the ruling is given under the provisions laid down in its 128 Articles.
Genocide: As per the Court's website, this crime is characterised by the specific intent to destroy in whole or in part a national, ethnic, racial or religious group by killing its members or by other means: causing serious bodily or mental harm to members of the group; deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; imposing measures intended to prevent births within the group; or forcibly transferring children of the group to another group.
Crimes Against Humanity: The ICC can prosecute crimes against humanity, which are serious violations committed as part of a large-scale attack against any civilian population. The 15 forms of crimes against humanity listed in the Rome Statute include offences such as murder, rape, imprisonment, enforced disappearances, enslavement – particularly of women and children, sexual slavery, torture, apartheid and deportation.
War Crimes: War crimes are grave breaches of the Geneva conventions in the context of armed conflict and include, for instance, the use of child soldiers; the killing or torture of persons such as civilians or prisoners of war; intentionally directing attacks against hospitals, historic monuments, or buildings dedicated to religion, education, art, science or charitable purposes.
Crime Of Aggression: The fourth and final crime falling within the ICC's jurisdiction is the crime of aggression. It is the use of armed force by a State against the sovereignty, integrity or independence of another State. The definition of this crime was adopted through amending the Rome Statute at the first Review Conference of the Statute in Kampala, Uganda, in 2010.
How The ICC Works
According to the court's website, from beginning to end the ICC trial goes through six stages before the final verdict is announced. These are:
- Preliminary Examinations
- Investigations
- Pre-Trial stage
- Trial Stage
- Appeals Stage
- Enforcement of sentence
Who Are The 123 Member Nations Of ICC?
As per the ICC website, 123 countries are States Parties to the Rome Statute of the International Criminal Court. Out of these, 33 are African States, 19 are Asia-Pacific States, 18 are from Eastern Europe, 28 are from Latin American and Caribbean States, and 25 are from Western European and other states.
Africa: Benin, Botswana, Burkina Faso, Cabo Verde, Central African Republic, Chad, Comoros, Congo, Côte d’Ivoire, Democratic Republic of the Congo, Djibouti, Gabon, Gambia, Ghana, Guinea, Kenya, Lesotho, Liberia, Madagascar, Malawi, Mali, Mauritius, Namibia, Niger, Nigeria, Senegal, Seychelles, Sierra Leone, South Africa, Tunisia, Uganda, United Republic of Tanzania, Zambia
Asia-Pacific: Afghanistan, Bangladesh, Cambodia, Cook Islands, Cyprus, Fiji, Japan, Jordan, Kiribati, Maldives, Marshall Islands, Mongolia, Nauru, Republic of Korea, Samoa, State of Palestine, Tajikistan, Timor-Leste, Vanuatu
Eastern Europe: Albania, Bosnia and Herzegovina, Bulgaria, Croatia, Czech Republic, Estonia, Georgia, Hungary, Latvia, Lithuania, Montenegro, North Macedonia, Poland, Republic of Moldova, Romania, Serbia, Slovakia, Slovenia
Latin America and the Caribbean: Antigua and Barbuda, Argentina, Barbados, Belize, Bolivia, Brazil, Chile, Colombia, Costa Rica, Dominica, Dominican Republic, Ecuador, El Salvador, Grenada, Guatemala, Guyana, Honduras, Mexico, Panama, Paraguay, Peru, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Suriname, Trinidad and Tobago, Uruguay, Venezuela
Western Europe and others: Andorra, Australia, Austria, Belgium, Canada, Denmark, Finland, France, Germany, Greece, Iceland, Ireland, Italy, Liechtenstein, Luxembourg, Malta, Netherlands, New Zealand, Norway, Portugal, San Marino, Spain, Sweden, Switzerland, United Kingdom
These countries are bound to arrest a person against whom an arrest warrant has been issued by the ICC. This means Russian President Putin could be arrested if he visits any of these 123 countries.
Neither Russia and nor Ukraine is part of this list. However, it was a referral by Ukraine to the court in 2015 that gives it jurisdiction over any war crime committed on its territory, even if by Russia or other non-member states, according to a Reuters report.
According to the ICC, as of July 17, 2018, a situation in which an act of aggression would appear to have occurred could be referred to the court by the United Nations Security Council, irrespective of whether it involves States Parties or non-States Parties.
Notably, India, the United States and China are also not part of the list of countries that are bound by ICC arrest warrants. This implies Putin can visit India for the G20 and SCO meets scheduled later this year without any problem.
However, Putin is also scheduled to visit South Africa later this year where the BRICS summit will be held in August. South Africa is a member state. BRICS countries include Brazil, Russia, India, China, and South Africa.
“According to the ICC statute, which has 123 state parties, two-thirds of the whole international community, the court has jurisdiction over crimes committed in the territory of a state party or a state which has accepted its jurisdiction,” ICC President Piotr Hofmanski told Al Jazeera in an interview.
He said all 123 state parties have the “legal obligation to cooperate fully with the court”, according to the statute, and this includes the obligation of arresting someone against whom arrest warrants have been issued.
Enforcement Of ICC Verdicts
The ICC, being a judicial institution, does not have its own police force or enforcement body. It totally relies on cooperation with countries worldwide for support, particularly for making arrests, transferring arrested persons to the ICC detention centre in The Hague, freezing suspects’ assets, and enforcing sentences, ICC's website says.
Despite noting being part of a United Nations organisation, the court has a cooperation agreement with the UN. When a situation is not within the court’s jurisdiction, the United Nations Security Council can refer it to the ICC granting it jurisdiction. This has been done in the situations in Darfur (Sudan) and Libya.
Why India Is Not Under ICC Jurisdiction
Despite the fact that India was part of the deliberation that resulted in the establishment of the ICC, India is not one of the countries that fall under the jurisdiction of the court. During the discussion on Rome Statute, India resisted on special recognition of the powers of the United Nations Security Council (UNSC), arguing that similar things are mentioned in the UN Charter.
According to a paper published by Torkel Opsahl Academic EPublisher (TOAEP), India maintained that the powers and responsibilities of the UNSC are already provided for in the UN Charter, and the Rome Statute cannot add to or subtract from its powers. Thus, in the interest of the independence of the court, the Statute should not give special powers to the UNSC or explicitly recognise such powers.
India also advocated for the inclusion of the use of nuclear weapons. However, the Rome conference even evaded a vote on India’s proposal to include the use of nuclear weapons as an ICC crime through a procedural ‘no action’ resolution, according to an article in ORF.