Institutional Framework of the ICC
Hakan Friman; Darryl Robinson
Section: The International Criminal Court
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http://vlex.com/vid/institutional-framework-of-the-icc-43094180
Id. vLex: VLEX-43094180
1 Introduction 2. Key Aspects of ICC Procedures 2.1 Pre-investigation: triggering mechanisms, analysis and collection of information 2.2 Investigations 2.2.1 General obligations of the OTP 2.2.2 Role of the Pre-Trial Chamber 2.2.3 The principle of complementarity 2.2.4 Co-operation with States and others 2.2.5 Confidentiality 2.2.6 From investigation to prosecution 2.3 Trials and appeals 2.3.1 General 2.3.2 Disclosure 2.3.3 The role of the defence 2.3.4 The role of victims 3. Major Developments 3.1 Election and recruitment 3.2 Policies and regulations 3.3 Analysis and investigations 3.4 Challenges
Institutional Framework of the ICC
1 Introduction The creation of the International Criminal Court (ICC) reflects the conviction of States that more consistent and effective enforcement of criminal justice is an essential component in deterring crimes and building stability. The creation of at//joc international tribunals (the International Criminal Tribunals for the former Yugoslavia and Rwanda - ICTY and ICTR) and hybrid tribunals (in Sierra Leone, East Timor and Cambodia) were regarded as valuable steps. However, the ad hoc approach entails several disadvantages. Creating a new institution for each situation involves extensive delays, redundancies, inconsistencies and inefficiencies. A permanent institution should overcome these difficulties since it is already up and running, is ready to respond to future situations, accumulates expertise and experience, and ultimately should serve as a more consistent deterrent. The ICC has a subject matter jurisdiction limited to the most serious crimes of concern to the international community as a whole, namely, genocide, crimes against humanity and war crimes. The crimes are very carefully defined in the Rome Statute of the ICC (Articles 6 to 8) and are discussed in detail in Chapter 3. For even greater precision, the definitions are further elaborated on in the 'Elements of Crimes', a set of guidelines adopted by the States Parties. The ICC Statute rests on the principle of 'complementarity', which means that the Court shall not substitute the primary responsibility of States to deal with crimes of the kind that also fall under its jurisdiction. Hence, a case is inadmissible before the ICC if a State is genuinely investigating or prosecuting it, or has done so.1 The principle of complementarity is discussed further in Chapter 2 of this Guide. The temporal jurisdiction of the Court is limited to crimes occurring after the date of entry into force of the Statute, namely 1 July 2002.2 Thus the Court is not a remedy for crimes of the past, which...
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