The request for the arrest of Russian President Vladimir Putin ordered by
the International Criminal Court
(ICC) for alleged war crimes in Ukraine
is the first intervention
that the international body located in The Hague has made on the conflict between Russia and Ukraine that began in February 2022. What
is this court?
What are you doing?
How does it work?
The International Criminal Court judges
the most serious crimes caused by some of the most brutal conflicts on the planet.
Ensures the participation of victims.
Ensures that fair trials
are held .
It acts as a complement to national courts.
And in its first 20 years of existence, it has made considerable progress on its crucial mission.
The ICC called for the arrest of Russian President Vladimir Putin.
Photo: AP
Numerous figures, including Ukrainian President Volodymyr Zelensky, had called for the intervention of the ICC, a permanent international court of justice whose mission is to
try people accused of committing crimes of genocide
,
war, aggression and crimes against humanity
.
Throughout its 20 years of existence, the ICC has opened investigations in 14 situations, from Afghanistan and the Ivory Coast to Palestine and Venezuela.
Below are five fundamental characteristics of this Court:
Judge the most serious crimes
The ICC was created with the “millions of children, women and men” in mind who “
have been victims of atrocities that defy the imagination
and deeply shock the conscience of humanity”.
It is the first permanent international court, based on a treaty, to
investigate and prosecute
the perpetrators of crimes against humanity, war crimes, genocide and the crime of aggression.
Bosnian Serb General Ratko Mladic, in The Hague, was tried for genocide.
Photo: AP
The Court has 17 investigations
underway
in some of the most violent conflicts on the planet, including those in the Democratic Republic of the Congo, the Central African Republic, Georgia or Ukraine.
The ICC Prosecutor's Office is an independent body of the Court.
It carries out preliminary examinations and investigations
and is the only entity that can bring cases before the Court.
Throughout the first twenty years of its operations, the ICC has tried and resolved important cases for international justice, shedding light on the crimes of using
child soldiers
, destruction of cultural heritage, sexual violence or attacks against innocent civilians.
Gradually, through its rulings in exemplary cases, it creates an authoritative jurisprudence.
It has opened 31 cases, and its magistrates
have issued ten convictions and four acquittals
.
Ensures the participation of victims
The Court not only judges and sentences those responsible for the most serious crimes;
it also
ensures that the voices of the victims are heard
.
Victims are considered to be those persons who have suffered harm as a result of the commission of any crime within the jurisdiction of the Court.
They participate in all phases of ICC judicial proceedings.
Surviving women of Srebrenica.
Photo: AP
The Court
maintains direct contact with the communities affected
by the crimes under its jurisdiction through outreach programs.
It also seeks to protect the safety and physical and psychological integrity of victims and witnesses.
Although victims cannot present their own cases, they can provide information to the Prosecutor, which may even lead to a decision to open an investigation.
Currently, the Trust Fund of the Court for the benefit of victims makes the first orders issued by the Court in matters of reparation a reality.
Through its assistance programmes, the Fund has also provided
physical, psychological and socio-economic support to more than 450,000 victims
.
Ensures fair trials
All accused persons enjoy the presumption of innocence until proven guilty in court beyond a reasonable doubt.
Every accused person has the right to fair and public hearings
.
ICC Chief Prosecutor Karim Khan.
Photo: John Thys/ AFP
At the ICC, suspected or accused persons enjoy critical rights, including: the right to be informed of the charges;
to have adequate time and means to prepare their defense;
to be tried without undue delay;
to a defense attorney of your choice;
to receive exonerating evidence from the Prosecutor.
These rights also include the right to
follow the sessions in a language that the accused person fully understands
.
This has led the Court to hire specialized interpreters and translators for more than 40 languages, and in some cases to the simultaneous use of four languages during the same hearing.
During their first 20 years, participants encountered various challenges, both substantive and procedural, many miles from crime scenes.
In addition, the crimes within the jurisdiction of the Court are of a specific nature, and often mass crimes that require a significant amount of evidence and considerable efforts to ensure the safety of the victims.
The processes are complex
, and there are many issues that have to be resolved in the background during a case.
It is a complement to national courts
The Court does not replace national courts: it is a Court of last resort.
States bear the primary responsibility for investigating, prosecuting and convicting the perpetrators of the most serious crimes.
The Court will intervene only when the State in which serious crimes within the Court's Jurisdiction have been committed
is unwilling
or unable to assume that responsibility.
Cases of serious violence are rapidly increasing all over the planet.
The Court's resources remain limited;
therefore, it can only deal with a small number of cases at the same time.
The Court works in conjunction with national and international
courts .
Gains broader support for Justice
With the
support of 123 States Parties
from all continents, the Court has established itself as a permanent and independent judicial institution.
However, unlike national judicial systems, the Court
does not have its own police
.
It depends on the cooperation of States
, including for the execution of their arrest or summons orders.
Nor does it have a territory where to relocate witnesses at risk.
Therefore, it depends to a large extent on the support and cooperation of States.
As we commemorate the 20th anniversary of the Court, States around the world should renew their support for the Court with concrete actions: through political and financial support, as well as through the detention of suspected persons and the freezing of their assets.
They should also reiterate their support for the promulgation of implementing legislation that
typifies the fundamental provisions of the Rome Statute
in national legislation, as well as the formalization of voluntary cooperation agreements, in particular relocation agreements for ICC witnesses.
Only with the joint and renewed commitment of the international community will the Court be able to make its promises of greater justice and reconciliation for all a reality.
Source: United Nations Organization