Quick Answer: Who In The Organization Should Make The Final Decision As To A Criminal Referral?

Who can refer a case to the ICC?

Various parties have the right to refer a case to the ICC: any State Party to the Rome Statute, irrespective of any involvement in the alleged offence; the Prosecutor of the ICC; the United Nations Security Council.

What are the roles of ICC?

The ICC is a permanent international court established to investigate, prosecute and try individuals accused of committing the most serious crimes of concern to the international community as a whole: the crime of genocide, crimes against humanity, war crimes and the crime of aggression.

Who can the ICC prosecute?

The ICC can only investigate and prosecute “natural persons” who are over the age of 18. The ICC cannot investigate or prosecute governments, corporations, political parties, or rebel movements, but may investigate individuals who are members of groups.

What is the office of the Prosecutor?

The Office of the Prosecutor is responsible for receiving referrals and any substantiated information on crimes of genocide, crimes against humanity and war crimes, for examining them and for conducting investigations and prosecutions before the Court.

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How many cases has the ICC prosecuted?

The ICC has publicly indicted 44 people. Proceedings against 20 are ongoing: 13 are at large as fugitives, three are in the pre-trial phase, three are on trial, and one is appealing his sentence.

What does the ICC cover?

The International Criminal Court (“the ICC” or “the Court”) is a permanent international court established to investigate, prosecute and try individuals accused of committing the most serious crimes of concern to the international community as a whole, namely the crime of genocide, crimes against humanity, war crimes

Does the ICC protect human rights?

While the International Criminal Court, which was established to prosecute the gravest violations of international law: war crimes, crimes against humanity, and genocide, is not a human rights court, per se, the Court plays an important role in the protection of human rights.

What is the ICC and what should it be used for?

​The International Criminal Court (ICC) 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.

Does the ICC work?

As a judicial institution, the ICC does not have its own police force or enforcement body; thus, it 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.

Why is the US not in the ICC?

The United States government has consistently opposed an international court that could hold US military and political leaders to a uniform global standard of justice. Washington, however, has no intention to join the ICC, due to its concern about possible charges against US nationals.

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What are the 11 crimes against humanity?

These crimes against humanity entail extermination, murder, enslavement, torture, imprisonment, rape, forced abortions and other sexual violence, persecution on political, religious, racial and gender grounds, the forcible transfer of populations, the enforced disappearance of persons and the inhumane act of knowingly

Can the ICC prosecute a government?

Heads of government and other state officials are not immune from prosecution by the ICC. Since its establishment, the ICC has initiated only two investigations propio motu (on the prosecutor’s initiative), as sought by Wilkie. The first of the ICC’s two convictions to date was against Thomas Lubanga Dyilo.

What is the difference between a lawyer and a prosecutor?

The two positions that most often confuses people are the prosecutor and the criminal defense lawyer. But the main difference is that the prosecutor represents the interest of the state or Federal government in court, and the criminal defense lawyer works for the individual who is being charged with a crime.

What are the different types of prosecutors?

Types of prosecutors

  • U.S. attorney.
  • District attorney.
  • State attorney.
  • County attorney.
  • Appeals prosecutor.
  • Independent counsel.

What is the prosecution pillar?

The third pillar of the CJS is the courts pillar. It is the forum where the prosecution is given the opportunity to prove that there is a strong evidence of guilt against the accused. It is also in the courts that the accused is given his “day” to disprove the accusation against him.

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