Offokaja Foundation

Tag: Universality

  • Report On Universal Jurisdiction Of The International Criminal Court

    Universal Jurisdiction of the International Criminal Court: An Insightful Report

    Introduction

    The International Criminal Court (ICC), established by the Rome Statute in 1998, is an intergovernmental organization and international tribunal seated in The Hague, Netherlands. Unlike traditional criminal jurisdictions limited by territorial or national parameters, the ICC embodies a broader legal doctrine: universal jurisdiction. This principle asserts that certain crimes are so heinous that they represent offenses against all of humanity and can therefore be prosecuted by any court, regardless of where the crime was committed or the nationality of the perpetrators or victims.

    The ICC’s Jurisdiction

    The ICC’s jurisdiction is principally based on:

    • Territoriality: Crimes committed within the territory of a State Party.
    • Nationality: Crimes committed by nationals of a State Party.
    • Referral by the United Nations Security Council (UNSC): Under Chapter VII of the UN Charter.
    • Acceptance by a non-party state: A state not party to the Rome Statute may accept the jurisdiction of the ICC on an ad hoc basis.

    The Crimes

    Universal jurisdiction through the ICC can be applied to four core international crimes:

    1. Genocide: Acts with intent to destroy, in whole or in part, a national, ethnical, racial, or religious group.
    2. Crimes Against Humanity: Widespread or systematic attacks directed against civilians, including murder, enslavement, torture, and rape.
    3. War Crimes: Grave breaches of the Geneva Conventions, such as willful killing and extensive destruction of property.
    4. Crime of Aggression: The planning, preparation, initiation, or execution of an act of using armed force by a state against the sovereignty, territorial integrity, or political independence of another state.

    Limitations and Challenges

    While the ICC is a groundbreaking step towards enforcing international law, it faces limitations and challenges:

    • State Sovereignty: The principle of universal jurisdiction can clash with the concept of state sovereignty.
    • Political Will: The ICC relies on the cooperation of states for arrest and surrender of suspects, which can be influenced by political interests.
    • Selective Jurisdiction: The requirement of UNSC referral for non-State Parties can lead to selective enforcement.
    • Resource Constraints: Limited resources can impede the ability of the ICC to pursue all cases falling under its jurisdiction.

    Conclusion

    The ICC’s incorporation of the universal jurisdiction principle signifies an evolution in holding perpetrators of the most serious crimes accountable. With appropriate support from the international community, the ICC could strengthen its role in the pursuit of global justice. However, the court’s full potential depends on overcoming the attendant challenges, especially relating to state cooperation and political influence. As global attitudes towards sovereignty and jurisdiction evolve, so too may the efficacy and reach of the International Criminal Court.

  • The Need For Universality Of The Rome Statute Of The International Criminal Court

    The Need For Universality Of The Rome Statute Of The International Criminal Court

    The Rome Statute is the treaty that established the International Criminal Court. The International Criminal Court, ICC, was established to bring an end to international crimes like genocide, war crimes, crimes against humanity and crimes of aggression.

    And the Rome Statute has the potential to very effectively reduce the spate of international crime in the world.

    But at the moment, only a number of states have acceded to it or ratified it. This has reduced its jurisdiction or the amount of cases it can try.

    We can get a world where international crime becomes effectively reduced. But for that to happen we need to transform this limited jurisdiction into a universal jurisdiction.

    The ICC should be able to try cases of international crime regardless of territory or nationality.

    What You Can Do To Promote Universality Of The Rome Statute

    If your country has not ratified/acceded to the Rome Statute, you can help. How?You can share this message to create more awareness of the need for universality of the statute.

    Check if your country is a State Party to the Rome Statute here.

    And if your country has, you can also share it to build support for universality of the Rome Statute that may gain traction or gain international attention.

    At the end of the day, we are all also, members of the same global village. Perhaps, your involvement can be the spark needed to bring meaningful change in the steps to a better and more just world.

    There is also the responsibility of the ICC to Always do its best to avoid politicization. This will increase confidence in the Rome Statute and attract more supporters.

    There is the responsibility of States to give maximum unqualified support to the ICC to enable it achieve a more just world. This support includes financial support needed to carry out effective investigations. Stakeholders should also consider establishing an endowment fund for the ICC. This fund must be shielded from the influence of special interests and must also have effective oversight to promote maximal accountability.

    The Prince and Princess Charles Offokaja Foundation is a member of the Coalition for the International Criminal Court.