What is ICC -

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#composition #of #international #criminal #court
1. #introduction
2. #establishment #of #court - #rome #statute #of #icc
3. #difference #between #icc #and #icj #icjininternationallaw
4. #composition #of #court - #organization #structure
Introduction
International Criminal Court is the first permanent international criminal court having the jurisdiction to try the individuals of certain international crimes.
As I mentioned permanent, there were in history four temporary tribunal were established to try the accused of international crimes, namely Nuremberg Trials, Tokyo Trials, International Criminal Tribunal for Yugoslavia and International Criminal Tribunal for Rwanda.
Many people mix the International Criminal Court with International Court of Justice, however, there is clear distinction.
Establishment of the Court - Rome Statute of ICC
This court was established by an international law making treaty. Rome Statute of International Criminal Court. This statute is a combination of substantive as well as procedural Law. It has 128 Articles and 13 parts.
This Statute was adopted in 1998 in a diplomatic conference. For entry into force, minimum 60 ratifications were required. It was enforeced in 2002. It started working in March 2003.
There are 124 members of the state. Two permanent members of UNSC are also the member of the court i.e.UK and France
Difference between ICC and ICJ
1. ICJ is the principal organ of United Nations; however, ICC is not an organ of United Nations. It is an independent Court.
2. ICJ settles the legal disputes between the States, ICC can try individuals impose punishments on individuals rather than states.
3. ICJ works like a civil court, whereas, ICC is a pure criminal Court
4. In ICJ, only states can become the parties, in ICC, an individual may be tried for the commission of an offence.
 
Composition of the Court
1. Assembly of State Parties
2. Presidency
3. Divisions and Chambers of Judges
4. Office of the Prosecutor
5. Registry
Assembly of State Parties
This is unique concept in the statute of the court, as there is no specific assembly was ever established for the working of court. Each state party has one representative
Function:
Its role is guiding and supporting the functions of the court.
• Constituent Function
• Elective Function
• Supervisory Function
• Financial Function
Divisions and Chambers of Judges
There are 18 Judges of the Court. They are to be elected by the Assembly of State parties.
The term of Judges is 9 years however, first time, 18 judges were elected. A draw of lot was done for the six judges who will retire after 3 years and 6 years. By doing this, after every three years 6 six new judges will be elected.
Election
Each State party can nominate 1 Judge
Qualifications
• High Moral Character
• Impartiality
• Integrity
• Qualified to hold the highest judicial office of the state
Judges should represent the fair geographical and gender representation
Judges are elected by the mode of MVR, in simple, 2/3 majority votes of the total present voting member state, the quorum of voting absolute majority.
There are three Division composed of 18 judges
• Pre Trial Division
Six Judges (Two chambers of 3,3 Judges)
• Trial Division
Six Judges (Two Chambers of 3,3 Judges)
• Appellate Division
Five Judges (One Chamber composed of President and 4 Judges)
Presidency
Presidency is responsible for the administration of Court. They constitute the Benches for the hearing of the cases
There are three Judges in the presidency. One President and Two vice Presidents.
After every three years, New presidency is constituted. President and Vice presidents are elected by absolute majority of the 18 judges, they are eligibile for re election once.
Office of the Prosecutor
Office of Prosecution is fully independent. OTP receives referral from State parties and UNSC. This office is resposinsible for examining and investigating the case and procute the accused before the court.
The prosecutor is elected for 9 year terms (non renewable term) by an absolute majority of the votes of the Assembly of the States.
Qualifications
High Moral Character
Highly competent
Extensive Experience in criminal matters
Registry
Registry is an administrative organ. It is responsible for the non judicial aspects of the administration of the court. Registrar is elected by an absolute majority of the judges for the five years term (non renewable term).

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