Public International Law

PUBLIC INTERNATIONAL LAW
PSDA- WEEK 1
SUBMITTED TO: Ms. Juliee Sharma
SUBMITTED BY: Aishwarya Shankar
ROLL NO:9127 , Semester 3
SECTION A
VIDEO 1- INTERNATIONAL CRIMINAL COURT
The 20th Century has witnesses many crimes including the World War I and World War II.
These Wars have had callous treatments towards innocent people. Although some culprits
of such War crimes back then were prosecuted by temporary criminal courts but many
others enjoyed the impunity.
This is when the need for an authorised criminal court was felt for the safety and peace of
the humankind.
On 17 July 1998, a consultation of 160 States established the first treaty-based permanent
international criminal court. The treaty adopted during that conference is known as the
Rome Statute of the International Criminal Court. Over 120 countries are States Parties to
the Rome Statute, representing all regions: Africa, the Asia Pacific, Eastern Europe, Latin
America and the Caribbean, as well as Western European and North America.
The seat of the Court is in The Hague in the Netherlands.
The ICC’s mission is to try individuals for crimes within its jurisdiction without the need for a
special mandate from the United Nations. The ICC has jurisdiction only with respect to
events which occurred after the entry into force of its Statute on 1 July 2002. If a State
becomes a party to the Statute after its entry into force, the Court may exercise its
jurisdiction only with respect to crimes committed after the entry into force of the Statute
for that State, unless that State has made a declaration accepting the jurisdiction of the ICC
retroactively. However, the Court cannot exercise jurisdiction with respect to events which
occurred before 1 July 2002
The order of the Court is to try individuals to hold such persons answerable for the most
sombre crimes namely the crime of genocide, war crimes, crimes against humanity, and the
crime of aggression, when the conditions for the exercise of the Court’s jurisdiction over the
latter are appeased.
The ICC functions with the succour of its four major organs all coexisting in a single building.
These are: the Presidency, the Chambers, the Office of the Prosecutor and the Registry, each
having their own distinct roles.
 PRESIDENCY- the Presidency is responsible for the administration of the Court,

represents the Court to the outside world and helps with the organisation of the
work of the judges.
 THE CHAMBERS- the 18 judges, including the three judges of the Presidency, are
assigned to the Court’s three judicial divisions: the Pre-Trial Division (composed of
seven judges), the Trial Division (composed of six judges), and the Appeals Division
(composed of five judges) with their specific designated work.
 THE OFFICE OF PROSECUTOR— Its role is to receive and to analyse situations
referred to it in order to determine whether there is a reasonable basis to initiate an
investigation into a crime of genocide, crimes against humanity, war crimes or the
crime of aggression, and to bring the perpetrators of these crimes before the Court.
 REGISTRAR- the Registry helps the Court to conduct fair, impartial and public trials.
The detainees are kept under ICC’S designated detention centre, which ensure the
highest safety and security to the detainees accompanied with all the facilities.
Detainees are alleged innocent until proven guilty, thus they are not sentenced in jail
but awaiting trial.
Victims can now participate in their own proceedings and also become a witness.
They can request the ICC for all the help in preparation, protection and psychological
aid for the proceedings to take place smoothly.
At the end of a trial, the Trial Chamber may order a convicted person to pay
compensation to the victims of the crimes of which the person was found guilty.
Reparations may include monetary compensation, return of property, rehabilitation
or symbolic measures such as apologies or memorials.
VIDEO 2- USA THREATS AGAINST THE ICC
The Hague-based International criminal court to which U.S has never been a member was
created in 2002 to prosecute war crimes and crimes of humanity and genocide in places
where perpetrators might not otherwise face justice.
From the time of President Donald Trump election, relations have been strained, with
Trump declaring at the UN General Assembly in 2018, “United States will provide no support
or recognition to the International Criminal Court. As far as America is concerned the ICC
has no jurisdiction, no legitimacy, and no authority.”
In 2019, much to Washington’s chagrin, the ICC’s chief prosecutor Fatou Bensouda asked for
a formal probe into alleged atrocities committed during the Afghanistan War between 2003
and 2014– leading to possible indictments of US military and CIA officials. The Trump
administration reacted by revoking the Gambian lawyer’s US visa.
Recently Washington broadened the visa restrictions on ICC officials directly involved in
probes against its nationals or those of its allies, and anyone who has “materially assisted,
sponsored, or provided financial, material, or technological support” to these officials. The
restrictions also extend to the officials’ family members. The ICC reacted by declared
Washington’s move an “unacceptable attempt to interfere with the rule of law”. “An attack
on the ICC also represents an attack against the interests of victims of atrocity crimes, for
many of whom the court represents the last hope for justice,” the court said in a statement.
Only Israel backed the decisions made by USA
The ICC is a court of last resort, stepping in only if national authorities do not conduct
genuine domestic proceedings. The US has conducted some limited investigations into
alleged abuses by US personnel in Afghanistan. But senior-level civilian and military officials
who could bear responsibility for authorizing these abuses, or failing to punish them, have
not been held to account before US courts. Impunity for abuses by US forces has left a
devastating legacy in Afghanistan
All that the ICC is doing to is not continue the legacy of impunity and thus punish those who
have been involved in war crimes but USA has said that they would punish the ICC
employees for any investigation or prosecution of Americans in Afghanistan and added that
they could also be banned for prosecuting Israelis for alleged abuses against Palestinians.

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Public International Law

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PUBLIC INTERNATIONAL LAW

SUBMITTED TO: Ms. Juliee Sharma

SUBMITTED BY: Aishwarya Shankar

ROLL NO:9127 , Semester 3

The seat of the Court is in The Hague in the Netherlands.

 PRESIDENCY- the Presidency is responsible for the administration of the Court,

Only Israel backed the decisions made by USA

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