لخّصلي

The International Criminal Court The concept of international justice was introduced for practical application for the first time after World War II, with the emergence of the principle of prosecuting mass crimes.Aggression is defined as: "The planning, preparation, initiation, or execution by a person in a leadership position capable of controlling or directing the political or military action of a state, of an act of aggression which, by its character, gravity, and scale, constitutes a manifest violation of the Charter of the United Nations." The act of aggression is defined as "the use of armed force by a state against the sovereignty, territorial integrity, or political independence of another state, or in any other manner inconsistent with the Charter of the United Nations."(h) Persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender grounds, or other grounds universally recognized as impermissible under international law, in connection with any act referred to in this paragraph or any crime within the jurisdiction of the Court; 9.Forcibly transferring children of the group to another group Crimes Against Humanity: Article 7 of the Rome Statute of the International Criminal Court stipulates that any of the following acts, when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack, shall constitute a crime against humanity: 1.These violations include acts committed against persons not actively participating in hostilities, such as members of armed forces who have laid down their arms or those rendered hors de combat due to sickness, wounds, detention, or any other cause.The ICC does not recognize international criminal immunity, regardless of the status of state leaders before it. It addresses crimes such as genocide, crimes against humanity, war crimes, and the crime of aggression.Genocide Crime: Article 2 of the Convention on the Prevention and Punishment of the Crime of Genocide, adopted on December 9, 1948, defines genocide as any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial, or religious group: 1.The UN General Assembly Resolution 3314 further defines the crime of aggression and clarifies its legal scope under Article 8 bis of the Rome Statute.This solidified the international community's conviction of the need for international courts and judges to prosecute and hold accountable those responsible for gross violations of human rights.As previously mentioned, the United Nations General Assembly adopted Resolution No. 52/160 in 1997, calling for the establishment of a permanent court within a specified period not exceeding five years from July 17, 1998.War Crimes: (a) Grave breaches of the Geneva Conventions of 12 August 1949: These are acts committed against persons or property protected under the provisions of the relevant Geneva Conventions.(g) Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity; 8.(b) Other serious violations of the laws and customs applicable in international armed conflicts: These violations fall within the established framework of international law.The Crime of Aggression: According to Article 5(2) of the Rome Statute, the International Criminal Court (ICC) may exercise jurisdiction over the crime of aggression once a provision defining the crime and setting out conditions for jurisdiction is adopted.However, it wasn't until after the end of the Cold War that the establishment of temporary international criminal tribunals by some countries became feasible.(e) Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law; 6.(c) In cases of armed conflict not of an international character (non international armed conflicts): This refers to serious violations of Article 3, common to the four Geneva Conventions of 1949.(d) Other serious violations of the laws and customs applicable in armed conflicts not of an international character, falling under established international law.Imposing measures intended to prevent births within the group; 5.(d) Deportation or forcible transfer of population; 5.

The International Criminal Court
The concept of international justice was introduced for practical application
for the first time after World War II, with the emergence of the principle of
prosecuting mass crimes. This led to the establishment of two tribunals:
 The Nuremberg Tribunal in 1945,
 The Tokyo Tribunal in 1946.
These tribunals laid the foundation for international human rights protection,
inspiring further efforts to protect human dignity and prevent atrocities.
The emergence of the idea of international criminal justice was primarily a
response to the atrocities committed during conflicts. However, it wasn't until
after the end of the Cold War that the establishment of temporary international
criminal tribunals by some countries became feasible. This solidified the
international community's conviction of the need for international courts and
judges to prosecute and hold accountable those responsible for gross violations
of human rights.
As previously mentioned, the United Nations General Assembly adopted
Resolution No. 52/160 in 1997, calling for the establishment of a permanent
court within a specified period not exceeding five years from July 17, 1998. This
indeed happened, and the International Criminal Court (ICC) was established,
with its foundational system entering into force on July 1, 2002.
The International Criminal Court is an independent international court with
jurisdiction over individuals accused of committing serious human rights
violations. It has legal personality and full legal independence, and its basic
system is a binding treaty for member states only.
The ICC does not recognize international criminal immunity, regardless of the
status of state leaders before it. It addresses crimes such as genocide, crimes
against humanity, war crimes, and the crime of aggression.
Genocide Crime:
Article 2 of the Convention on the Prevention and Punishment of the Crime of
Genocide, adopted on December 9, 1948, defines genocide as any of the
following acts committed with intent to destroy, in whole or in part, a national,
ethnical, racial, or religious group:

1. Killing members of the group;


2. Causing serious bodily or mental harm to members of the group;


3. Deliberately inflicting on the group conditions of life calculated to bring
   about its physical destruction in whole or in part;


4. Imposing measures intended to prevent births within the group;


5. Forcibly transferring children of the group to another group
   Crimes Against Humanity:
   Article 7 of the Rome Statute of the International Criminal Court stipulates that
   any of the following acts, when committed as part of a widespread or
   systematic attack directed against any civilian population, with knowledge of
   the attack, shall constitute a crime against humanity:


6. (a) Murder;


7. (b) Extermination;


8. (c) Enslavement;


9. (d) Deportation or forcible transfer of population;


10. (e) Imprisonment or other severe deprivation of physical liberty in
    violation of fundamental rules of international law;


11. (f) Torture;


12. (g) Rape, sexual slavery, enforced prostitution, forced pregnancy,
    enforced sterilization, or any other form of sexual violence of comparable
    gravity;


13. (h) Persecution against any identifiable group or collectivity on political,
    racial, national, ethnic, cultural, religious, gender grounds, or other
    grounds universally recognized as impermissible under international law,
    in connection with any act referred to in this paragraph or any crime
    within the jurisdiction of the Court;


14. (i) Enforced disappearance of persons;


15. (j) The crime of apartheid;


16. (k) Other inhumane acts of a similar character intentionally causing great
    suffering, or serious injury to body or mental or physical health.
    War Crimes:
    (a) Grave breaches of the Geneva Conventions of 12 August 1949:
    These are acts committed against persons or property protected under the
    provisions of the relevant Geneva Conventions.
    (b) Other serious violations of the laws and customs applicable in
    international armed conflicts:
    These violations fall within the established framework of international law.
    (c) In cases of armed conflict not of an international character (non
    international armed conflicts):
    This refers to serious violations of Article 3, common to the four Geneva
    Conventions of 1949. These violations include acts committed against persons
    not actively participating in hostilities, such as members of armed forces who
    have laid down their arms or those rendered hors de combat due to sickness,
    wounds, detention, or any other cause.
    (d) Other serious violations of the laws and customs applicable in armed
    conflicts not of an international character, falling under established
    international law.
    The Crime of Aggression:
    According to Article 5(2) of the Rome Statute, the International Criminal Court
    (ICC) may exercise jurisdiction over the crime of aggression once a provision
    defining the crime and setting out conditions for jurisdiction is adopted. This
    was accomplished with the adoption of amendments in Kampala, Uganda,
    during the Review Conference of the Rome Statute from May 31 to June 11,


17. The UN General Assembly Resolution 3314 further defines the crime of
    aggression and clarifies its legal scope under Article 8 bis of the Rome Statute.
    Aggression is defined as:
    "The planning, preparation, initiation, or execution by a person in a leadership
    position capable of controlling or directing the political or military action of a
    state, of an act of aggression which, by its character, gravity, and scale,
    constitutes a manifest violation of the Charter of the United Nations."
    The act of aggression is defined as “the use of armed force by a state against
    the sovereignty, territorial integrity, or political independence of another state,
    or in any other manner inconsistent with the Charter of the United Nations.”