- What is the mandate of ICC?
The International Criminal Court is a permanent international court established to investigate, prosecute and try individuals accused of crimes of genocide, crimes against humanity, war crimes and the crime of aggression.
The international criminal court was established by the treaty known as the Rome Statute of the International Criminal Court. The ICC prosecutes individuals, not groups or States.
- What is the jurisdiction of ICC?
State that is member to the Rome Statute is placed within the jurisdiction of the ICC.
ICC may exercise its jurisdiction in situations where the alleged perpetrator is a national of a member State or when the crime was committed in the territory of a member State.
A State not party to the Statute may decide to accept the jurisdiction of the ICC. Moreover, the United Nations Security Council (UNSC) can also refer a situation to the ICC.
There is no eligibility clause as to who can send a complaint to the ICC, and is therefore open to individuals, groups, and States. But, referrals can be made either by a State Party to the Rome Statute or by the UNSC.
This would aid in understanding the current context of US conflict with ICC. Afghanistan is a State Party of the ICC and therefore Court has jurisdiction over any War crimes committed on the territory of Afghanistan by US after 1st May, 2003.
However, Afghanistan has not asked for this investigation and the ICC Prosecutor has decided to open the investigation on her own authority. The Rome Statute requires the Prosecutor to seek authorization from the judges of the Court, which is currently awaited and we will have to wait and see on how it moves forward.
- What is the link between ICC & the UN?
The Rome Statute was negotiated within the UN, but it created an independent judicial body distinct from the UN. The International Court of Justice is the principal judicial organ of the United Nations, and is different from the International Criminal Court.
ICC is not an office or agency of the United Nations. However, the Rome Statute allows the United Nations Security Council (UNSC) to refer specific situations to the Court that are outside the jurisdiction of ICC.
The ICC prosecutor even though has had her visa revoked to the US, she can still travel to UN Offices in US such as UN Headquarters in New York based on diplomatic immunity.
- What is India's view on ICC?
India has neither signed and therefore nor ratified the Rome Statute on the International Criminal Court (ICC).
India considers the inherent jurisdiction of the ICC as a violation of a nation’s sovereignty. Therefore, India has insisted for having an ‘opt-in’ provision whereby a country could accept the jurisdiction of the ICC by declaration, specified to an issue and time period.
India is resistant to accepting the inherent jurisdiction of the ICC as it would be seen as being superior to Indian judicial system.
India remains hesitant towards the ICC as it can be used with political motives against India with regard to Kashmir and in other matters of India’s internal affair