International Criminal Court (ICC), Jurisdiction and Challenges

Context: Former Philippine President Rodrigo Duterte was arrested recently, following an arrest warrant issued by ICC for alleged crimes against humanity committed during his war on drugs.

About International Criminal Court (ICC)

• International Criminal Court (ICC) is a permanent judicial institution established in 2002 under the Rome Statute of 1998. It is headquartered in Hague, Netherlands.
• Mandate: To investigate, prosecute, and adjudicate individuals accused of committing genocide, war crimes, crimes against humanity and the crimes of aggression.
• Members: 123 (Important non-member countries: India, US, China & Russia)
• Composition: The Court has 18 judges, each from a different member country, elected for a nine-year term.
• ICC can only hear a case if either the country where the crime was committed or the perpetrator’s country of origin is a party to the Rome Statute.
• After issuing an arrest warrant, the ICC relies on countries to make arrests and transfer suspects to the ICC.
• Unlike the International Court of Justice (ICJ) it is not an organ of the United Nations.

Jurisdiction

• Crimes committed in Rome Statute signatory states.
• Crimes committed by nationals of signatory states.
• Cases referred by the UN Security Council.

Challenges in Enforcement

• No police force of its own.
• Relies on member states to arrest suspects.
• Needs international cooperation for enforcement, asset freezing, and extraditions.

Difference between International Criminal Court (ICC) & International Court of Justice (ICJ)

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