Why in the News?
The International Criminal Court (ICC) has issued arrest warrants for senior Taliban leaders in Afghanistan over the persecution of women, a crime against humanity.
About the International Criminal Court (ICC):
- Established: 2002 under the Rome Statute (1998); headquartered at The Hague, Netherlands.
- Nature: First permanent international court to try individuals for grave crimes.
- Jurisdiction over 4 core crimes:
- Genocide
- Crimes against humanity
- War crimes
- Crime of aggression
- Members: 124 States Parties
- NON-members: India, China, USA, Russia, Israel, Ukraine
- Structure:
- Office of the Prosecutor – investigates and prosecutes cases.
- 18 Judges – elected for 9 years.
- Assembly of States Parties – governs ICC administration.
- Trust Fund for Victims, Detention Centre
- Languages: English, French, Arabic, Chinese, Russian, Spanish
- Funding: Annual budget (2025) ~ €195 million (mostly from member states)
Reach of an ICC Warrant:
- Applicability:
- Crimes by nationals of member states
- Crimes committed on member state territory
- UNSC referrals can extend jurisdiction to non-member states (e.g., Libya, Darfur)
- Obligations on States:
- Member states must execute arrest warrants and cooperate fully.
- Non-compliance can be reported to Assembly of States Parties or UN Security Council (for UNSC referrals)
- Challenges:
- ICC lacks an independent enforcement mechanism
- Non-members (e.g., US, Russia) are not bound to cooperate
- Political and diplomatic constraints hinder the execution of warrants
- Special Mechanisms: ICC established an Arrest Working Group (2016) to enhance warrant enforcement through better intelligence-sharing.
| [UPSC 2019] Consider the following statements:
1.The International Criminal Court (ICC) has jurisdiction to prosecute nationals of even those States that have not ratified the Rome Statute. 2. The International Criminal Court is a ‘court of last resort’ intended to complement national judicial systems. 3. The United Nations Security Council can refer a situation to the Prosecutor of the ICC even if the State concerned is not a party to the Statute. Which of the statements given above are correct? Options: (a) 1 and 3 only (b) 2, 3 and 4 only (c) 2 and 4 only (d) 1, 2, 3 and 4* |
Get an IAS/IPS ranker as your 1: 1 personal mentor for UPSC 2024
