The Function & Position of the chief international judicial council of the ICC
Researcher & Authors ✒️📄 Prof,Dr.Mohammad Shakibi Nejad, LL.D Yuohåons Röàbbet
,Dr.Jouliya.F.Minneapolis
Field report and organizational performance of the ICC-ICJ👇
The eighteen judges of the International Criminal Court (ICC) are elected for nine-year terms by the member-countries of the court. Candidates must be nationals of those countries and they must "possess the qualifications required in their respective States for appointment to the highest judicial office. A 140 Yrs ago, Gustave Moynier, one of the founders of the ICRC, first proposed the establishment of an international criminal court. It was not until the UN came into existence that the international community began to consider the idea, and not until 1998 that it decided to act.for the ICRC the International Criminal Court (ICC) is a crucial mechanism for the strengthening of the fight to end impunity, and specifically the failure to punish grave breaches of international humanitarian law.
As stated in the ICC Statute, States retain the primary responsibility in the prosecution of international crimes. Under the Geneva Conventions and Additional Protocol I of 1977, States must prosecute people accused of war crimes before their own national courts or extradite them for trial elsewhere.
In that sense, the ICC may only exercise a complementary jurisdiction in respect of international crimes, meaning it may only take up a case when a State is unable or unwilling to prosecute the suspects. It may also initiate proceedings when requested by the UN Security Council, acting under Chapter VII of the UN Charter.
The ICC shall have jurisdiction over war crimes, crimes against humanity and genocide. This includes most of the serious violations of IHL covered by the 1949 Geneva Conventions and the 1977 Additional Protocols whether committed during an international or non-international armed conflict.
The Statute includes specific war crimes such as all forms of sexual violence committed during an armed conflict and the use in hostilities of children under 15 years old.
On genocide, the ICC reiterates the definition of the crime found in the 1948 Convention on the Prevention and Punishment of the Crime of Genocide. It defines genocide as actions intended to destroy, in whole or in part, a national, ethnic, racial or religious group.
The ICC also has jurisdiction over crimes against humanity, which include a range of acts committed as part of a widespread or systematic attack directed against any civilian population.
Functions of ICC ,ICJ⬇️
1️⃣Prosecuting Individuals for International Crimes
2️⃣Providing Reparations to Victims
3️⃣Promoting International Criminal Justice
4️⃣Providing Legal Assistance to National Courts
5️⃣Cooperating With National Governments and Other Organizations
Proceedings of war crimes in the Israeli-Palestinian war⬇️
The Commission is gravely concerned with Israel’s latest attack on Gaza and Israel’s announcement of a complete siege on Gaza involving the withholding of water, food, electricity and fuel which will undoubtfully cost civilian lives and constitutes collective punishment & deeply distressed by the mounting violence, and spiralling death toll and underscores the urgency for the parties involved to cease all forms of violence and ensure that civilians are protected.
The Commission also calls for the unconditional and safe release of all individuals who have been taken hostage by Palestinian armed groups. The taking of hostages is a violation of international law and constitutes an international crime. Persons deprived of liberty are protected against murder, torture, and cruel, inhuman or degrading treatment and sexual violence.
More Subsidiarie👇
The United Nations Independent International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and Israel, (hereinafter referred to as “the Commission”) is investigating possible international crimes and violations of international human rights law committed in Israel and the Occupied Palestinian Territory since 7 October 20231. The findings of the Commission’s investigations will be presented in its report to the Human Rights Council during its 56th Session (June 2024).
The Commission invites States and individuals, groups, and organisations to submit information concerning possible crimes committed by any armed actors, including both State and non-State actors, since 7 October 2023, including attacks against and killing and injuring of civilians, including children, attacks on civilian structures and objects, hostage-taking, use of civilians, including children, as human shields, sexual and gender-based violence, collective punishment ...I'd Ed.
A/HRC/RES/S-30/1 further requested the commission of inquiry to “investigate all underlying root causes of recurrent tensions, instability and protraction of conflict, including systematic discrimination and repression based on national, ethnic, racial or religious identity.” The Commission of Inquiry was mandated to report to the Human Rights Council and the General Assembly annually commencing from June 2022 and September 2022, respectively.
Reference of Source ⬇️
1️⃣https://www.ohchr.org/en/press-releases/2021/11/un-experts-alarmed-rise-settler-violence-occupied-palestinian-territory
2️⃣https://www.ohchr.org/en/2021/10/israels-terrorism-designation-unjustified-attack-palestinian-civil-society-bachelet
3️⃣https://www.ohchr.org/en/press-releases/2021/un-experts-condemn-raid-west-bank-ngo-urge-israel-meaningfully-probe-child
4️⃣https://www.ohchr.org/en/press-releases/2021/05/gaza-israel-un-experts-welcome-ceasefire-call-icc-probe
5️⃣https://www.reuters.com/world/middle-east/us-asking-israel-hard-questions-gaza-military-assault-white-house-2023-10-29/