General News of Wednesday, 30 March 2005

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Why ICC May Not Take JJ's Case

The International Criminal Court (ICC) - not to be confused with the International Court of Justice at the Hague - is the first ever permanent, treaty based, international criminal court established to promote the rule of law and ensure that the gravest international crimes do not go unpunished.

The Court shall be complementary to national criminal jurisdictions. The jurisdiction and functioning of the Court shall be governed by the provisions of the Rome Statute.
The Rome Statute of the International Criminal Court was established by on 17 July 1998, when 120 States participating in the "United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court" adopted the Statute. The Statute entered into force on 1 July 2002. Anyone who commits any of the crimes under the Statute after this date will be liable for prosecution by the Court.

Background

  • International Criminal Court
  • International Court of Justice: function is to settle in accordance with international law the legal disputes submitted to it by States, and to give advisory opinions on legal questions referred to it by duly authorized international organs and agencies.
  • International Criminal Tribunals and Special Courts: The United Nations established special international criminal tribunals in Rwanda and Yugoslavia to prosecute those responsible for atrocities during times of war and genocide. These special tribunals gave impetus to the formation of the International Criminal Court (ICC), finally established in 2003. Unlike the ICC, the special tribunals have limited jurisdications.