Deal Stuck Over Expansion Of War Crimes Law, Detail Explored!!

However, despite Ukraine’s lack of membership in the ICC, it has twice recognized the court’s authority to investigate alleged war crimes in its territory, according to Mr. Khan. The inquiry will therefore be based on the ICC’s findings since 2013. 

In early 2014, before the overthrow of Ukraine’s last pro-Russian leader, an investigation was launched into the murders of countless demonstrators at the hands of police forces. Nearly 14,000 people have been murdered in this conflict between separatists and Ukrainian soldiers since it began in 2014.

 ICC Stands For What?

Individuals who commit significant international crimes are held accountable by the International Criminal Court, a permanent court. These include genocide and war crimes, rape and murder; crimes against humanity; and aggression. The court was founded to combat worldwide impunity and bring to justice those guilty of crimes committed under international law. Distinct from the International Court, which is located in The Hague.

What is the ICC’s purpose?

The Judge conducts the court’s investigations, and there are 18 judges on the bench. Judges and prosecutors are sworn in for nine-year periods that cannot be renewed. FatouBensouda, a Gambian lawyer, served as the ICC prosecutor from 2012 until the appointment of Mr. Khan, who previously served as the UN Secretary-special General’s advisor.

The pre-trial, trial, and appeal benches are available at the International Criminal Court (ICC). Before asking for approval from pre-trial judges, a prosecutor performs a preliminary investigation. The initial investigation must find that the offenses in issue are of “sufficient gravity” to warrant prosecution.

The Security Council accused Muammar Gaddafi, Libya’s de facto leader, and his son and brother-in-law of killing civilians during the Arab Spring protests and referred the case to the ICC in 2011. Even though the court issued arrest warrants for all 3 in June 2011, Gaddafi perished before he could be taken into custody, and his son remains at large to this day. 

Similar to Omar Al Bashir, the International Criminal Court issued warrants for his arrest in 2009 – 2010 for suspected war crimes like murder, torture, and rape, as well as attacks on civilians and pillaging. The Sudanese military has arrested Bashir, but it isn’t clear when he will be extradited to the United States.

Criticisms of the judiciary

The judiciary has been slammed for the speed it investigates and rules on cases. In its first 19 years of operation, the court has found or not guilty in 10 instances and acquitted four others. Members of the international community are divided on whether or not the time, effort, and money they have expended in the courts are worthwhile. More than $160 million will be spent annually by the court in 2021.

As a result, critics have suggested that the courts may be reluctant to take on the likes of the US. When the court refused to allow an inquiry in Afghanistan in 2019, and then the present prosecutor attempted to reopen the probe following the Taliban’s takeover, this was brought out. Due to his office’s limited resources, Mr. Khan said he would prioritize the investigation of crimes perpetrated by the Taliban in light of this fact. This would temporarily put any allegations of wrongdoing by the previous Afghan administration or the United States.

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