ICC Strengthens Legal Frameworks Through UN Cooperation

Why in the news?

The ICC’s evolving relationship with the UN remains crucial in prosecuting international crimes, as recent cases and Security Council referrals underscore the need for justice despite geopolitical challenges and non-cooperation from major global powers.

ICC Strengthens Legal Frameworks Through UN Cooperation

About International Criminal Court:

  • Established under the Rome Statute (1998) as an independent judicial body.
  • Prosecutes individuals for genocide, war crimes, crimes against humanity, and crimes of aggression.
  • Focuses on individual accountability, unlike the International Court of Justice (ICJ), which handles disputes between states.

Relationship with the UN:

  • Not a UN agency but has a formal cooperation agreement under Article 2 of the Rome Statute.
  • Works with the UN on cases where the ICC lacks jurisdiction.
  • The UN Security Council (UNSC) can refer cases to the ICC under Chapter VII of the UN Charter, even in non-member states.
  • Examples of referrals include Darfur (Sudan) and Libya.

Challenges and Importance

  • Global politics influence ICC operations; major powers like the S., China, Russia, and India are not ICC members.
  • Despite challenges, the ICC-UN cooperation strengthens international legal frameworks, ensuring justice when national courts fail to prosecute.

Understanding the Jurisdiction and Working of ICC:

  • Jurisdiction: Covers genocide, crimes against humanity, war crimes, and crimes of aggression since 1 July 2002.
  • Case Conditions: Crimes committed by State Party nationals, within State Party territory, or referred by the UNSC.
  • Complementarity Principle: Prosecutes cases only when states are unwilling or unable.
  • Legal Process:
  • No prosecution for crimes committed by individuals under 18.
  • Preliminary examinations assess evidence, jurisdiction, and justice interests.
  • Prosecutor collects both incriminating and exonerating evidence.
  • Defendant rights include trial in a comprehensible language.
  • India and ICC: Not a member due to state sovereignty concerns, evidence issues, and national interests.