Towards a most just world

The International Criminal Court (ICC), governed by the Rome Statute, is the first permanent, treaty-based, international criminal court established to help end impunity for the perpetrators of the most serious crimes of concern to the international community. The ICC is an independent international organisation, and is not part of the United Nations system. Although the Court's expenses are funded primarily by State Parties to the Rome Statute, it also receives voluntary contributions from governments, international organisations, individuals, corporations and other entities.

The International Community has long aspired to the creation of an independent, permanent international criminal court and, in the 21st century, it reached consensus on definitions of genocide, crimes against humanity and war crimes. There is no global consensus on the definition of terrorism yet.

• Genocide means aiming to destroy a national, ethnic, racial or religious group. This can be through killing people in the group or by other means, such as causing them serious physical or mental harm, subjecting them to living conditions under which they cannot survive, trying to prevent them from having children, or forcibly transferring their children to another group.
• Crimes against humanity are acts knowingly committed during a widespread or systematic attack against civilians. The Rome Statute lists 11 categories of these crimes: murder, extermination, enslavement, deportation or forcible transfer of population, imprisonment, torture, rape and other forms of sexual violence, persecution, enforced disappearances, apartheid and other inhumane acts.
• War crimes are "grave breaches" of the accepted rules of war, agreed upon in the 1949 Geneva Conventions - including using child soldiers, killing or torturing civilians or prisoners of war, attacking hospitals, religious buildings or historical monuments, using poisoned or inhumane weapons, and much more.
• Crime of aggression would be committed by a person if, by controlling the political or military action of a State, planned, prepared or actually used armed force against the sovereignty - or self-rule - the territorial integrity or the political independence of another state. Acts of aggression include invasion, military occupation and blockading ports or coasts, if doing any of these is a "manifest violation" of the United Nations Charter.

The Court may exercise jurisdiction over such crimes only if they were committed on the territory of a State Party or by one of its nationals. These conditions, however, do not apply if a situation is referred to the Prosecutor by the UNSC, or if a State makes a declaration accepting the jurisdiction of the Court. The ICC complements national criminal justice systems.

Victims have the right to participate in proceedings and request reparations. The States Parties to the Rome Statute have established a Trust Fund for Victims and families of victims of crimes within the jurisdiction of the Court, to implement reparations (if the accused is convicted) and provide assistance in the form of physical, psychological, socio-economic rehabilitation, education and other material support that can help communities rebuild their lives. In all situations before the Court, violent conflicts have caused tremendous human suffering. Through ICC proceedings, the victims are not forgotten. In fact, victims are central in the system of international justice. The Rome Statute pays special attention to the needs of children and women, who are often the most vulnerable victims of atrocities.

The Trust Fund for Victims' international and local partners implement projects which combine a variety of activities, including micro-credit, village savings and loan associations, vocational training and counselling. Students supported by the Trust Fund for Victims attend schools and education programmes in the DRC, Uganda, Mali, CAR, C?te d'Ivoire... They work together to create stories about the underlying causes of the conflict and share messages for their communities about peace and reconciliation. Survivors undergo psychological rehabilitation through assistance programmes.

ICC staff members go to communities affected by crimes, informing people about victims' rights, explaining judicial proceedings, and creating two-way dialogue.

The ICC process:

1. Preliminary examinations

Before an investigation can begin, the Office of the Prosecutor (OTP) conducts a preliminary examination to decide whether there is enough information on crimes of sufficient gravity, providing a reasonable basis to open an investigation. Factors to consider include when the crime happened, who committed it and where. During this examination, OTP asks three main questions: Does the ICC have jurisdiction? Would an investigation be admissible, or is a national court already dealing with it? Would an investigation be in the interests of justice and of the victims?

2. Investigations

The ICC's Office of the Prosecutor collects evidence to find who they suspect is most responsible for a crime, also by gathering and examining testimonies, guided by the core pillars of independence, impartiality and objectivity. The Office will need to prove a person's guilt beyond any reasonable doubt for the judges to convict that person. There can be many challenges working in a conflict or post-conflict situation (access, witness protection, languages, security, etc). Cooperation with countries is key for collecting evidence.

3. Analysis and preparation

Before 3 Trial judges, the Prosecution presents incriminating and exonerating evidence first, then the defence, with the Legal Representative for Victims participating throughout. Once there is enough evidence, judges may - on the Prosecutor's request - issue an arrest warrant on summons to appear. If the judges do, a new case can begin. The judges can authorize victims to participate and order witness protection measures. The defence represents and protects the rights of the defendant and may present counter evidence and cross-examine the witnesses. Defendants are presumed innocent until proven guilty after a trial; they are entitled to public, fair proceedings conducted impartially and in full equality. The Rome Statute grants the defendant the right to freely choose a lawyer, to remain silent, to be able to follow the proceedings in a language he or she fully understands.

4. Court proceedings

Judges consider all evidence, then issue a verdict. If the defendant is found guilty, the judges can issue a sentence of up to 30 years of imprisonment, and under exceptional circumstances, a life sentence.

Both the Prosecutor and the Defence have the right to appeal a Trial Chamber's decision on the verdict and the sentence.

The five judges of the Appeals Chamber decide whether to uphold the appealed decision, amend it, or reverse it. This is the final judgement, unless the Appeals Chamber orders a re-trial.

The Court in its global context

International criminal justice, conflict prevention and management must accompany international justice mechanisms to protect human rights, suppress conflict and work for peace and stabilisation. Also, other transitional justice mechanisms such as public acknowledgement of crimes, finding missing persons and sustainable return of refugees. The Court also works with civil society groups who are essential to working with victims and helping to prevent mass crimes.

In the case of ongoing or imminent armed conflicts, justice can rarely act alone, and diplomacy is usually the main international tool of rapid reaction to prevent escalation of violence. Likewise, political solutions are necessary to end conflicts. Where long-term prevention is concerned, education, democracy and development are necessary. Unified efforts are needed, so we can build a more just world, committed to peace, human rights and the rule of law.