Fifty years after the Nuremberg-Tribunal, the U.N. Commission of Experts on the Former Yugoslavia stated, that “states may choose to combine their jurisdictions under the universality principle and vest this combined jurisdiction in an international tribunal.”
This tribunal, the International Criminal Court (ICC), finally was created by a diplomatic conference held in Rome in 1998, where 120 States voted to adopt the Rome Statute of the International Criminal Court , rendering into force in 2002.
This detailed international treaty provides for the creation of an international criminal court with power to try and punish for the most serious violations of human rights in cases where national justice systems fail at the task.
The ICC therefore ushers in a new era in the protection of human rights. Some authors even say that to a great extent, the success of the Court parallels the growth of the international human rights movement, much of whose fundamental philosophy and outlook it shares.
Lately mainly questions concerning the Iraq-conflict were raised, concerning the problem, whether criminal proceedings against the main actors before the ICC would be “successful”.
Table of contents
I. Introduction
II. Jurisdiction of the International Criminal Court
1. Types of crimes
2. The preconditions to exercise jurisdiction
2.1 Extraterritorial jurisdiction
3. The relationship between the ICC and the Security Council
III. Admissibility of cases
1. Example: the Lubanga-case
1.1 Complementarity
1.2 Gravity
2. Limitations
IV. Possibilities of prosecution of violations of international humanitarian law in Iraq
Research Objective and Core Topics
The primary objective of this work is to analyze the legal framework and jurisdictional reach of the International Criminal Court (ICC), specifically examining how the principle of complementarity and case admissibility influence its ability to prosecute international crimes. Furthermore, the paper investigates the practical limitations of the Court when confronted with complex real-world scenarios, such as the Iraq conflict.
- Jurisdiction and legal basis of the Rome Statute
- The principle of complementarity in theory and practice
- Admissibility requirements and the "gravity threshold"
- Procedural relationship between the ICC and the UN Security Council
- Legal challenges regarding the prosecution of international humanitarian law violations in Iraq
Excerpt from the Book
1. Example: the Lubanga-case
In this decision the criteria used to determine which cases are sufficiently grave and the perpetrators who will be targeted by the ICC are clarified.
In the Lubanga-case, the Pre-Trial Chamber I issued a warrant of arrest for Thomas Lubanga, the leader of a political and military movement, the UPC (Union of Congolese Patriots), a group created in 2000 by Uganda then allied to Rwanda. In making its decisions on the prosecutor’s application for the arrest warrant, the Pre-Trial Chamber I held that two issues must be evaluated when determining admissibility: first, whether there are national investigations and prosecutions pertaining to the case that might pre-empt ICC jurisdiction, and second, whether the gravity threshold for the ICC is met.
Summary of Chapters
I. Introduction: Outlines the origins of the ICC following the Nuremberg-Tribunal and its significance in the global human rights movement.
II. Jurisdiction of the International Criminal Court: Examines the types of crimes covered under the Rome Statute, the jurisdictional preconditions, and the complex relationship between the Court and the UN Security Council.
III. Admissibility of cases: Analyzes the principle of complementarity and the gravity test, utilizing the Lubanga-case to illustrate how the Court determines which cases warrant international intervention.
IV. Possibilities of prosecution of violations of international humanitarian law in Iraq: Critically evaluates the realistic potential of the ICC to prosecute crimes committed during the Iraq conflict given the Court’s temporal and jurisdictional constraints.
Keywords
International Criminal Court, Rome Statute, Jurisdiction, Complementarity, Admissibility, Lubanga-case, War Crimes, Genocide, Crimes Against Humanity, Crime of Aggression, UN Security Council, International Humanitarian Law, Human Rights, Iraq Conflict, Prosecution
Frequently Asked Questions
What is the core focus of this publication?
This work examines the jurisdictional foundations of the International Criminal Court and explores the legal criteria that determine whether the Court can successfully accept and prosecute specific cases.
What are the primary thematic areas covered?
The analysis centers on the Rome Statute, the operational definitions of international crimes, the role of national vs. international jurisdictions, and the constraints imposed by political factors.
What is the main objective of the research?
The goal is to clarify how the ICC balances its role as a court of last resort with its mandate to prosecute the most serious international crimes, while acknowledging the limitations of its current legal framework.
Which scientific method is applied?
The paper utilizes a legal-analytical method, examining treaty texts, international conventions, court decisions, and academic legal literature to assess the applicability of the ICC statutes.
What topics are discussed in the main body of the text?
The main body covers jurisdictional types (ratione materiae, personae, and temporis), the admissibility of cases under the complementarity principle, and the practical challenges of applying these laws to the Iraq conflict.
Which keywords best characterize this work?
Key terms include International Criminal Court, Rome Statute, Complementarity, Admissibility, and Jurisdictional Limitations.
How does the Lubanga-case serve as a representative example?
The Lubanga-case is used to demonstrate how the Pre-Trial Chamber applies the "gravity test" and verifies the complementarity requirement before initiating formal investigations.
Why is the prosecution of crimes in Iraq considered unlikely by the author?
The author highlights that the ICC's jurisdiction is subsidiary and temporal (restricted to events after July 2002), and emphasizes the difficulty in meeting the specific territorial and personal jurisdiction requirements for the Iraq conflict.
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- Hannah Schatte (Autor:in), 2008, Jurisdiction of the International Criminal Court and the admissibility of cases, München, GRIN Verlag, https://www.grin.com/document/139622
