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54-801: In the east is location Scheveningen of the Hague Penitentiary Institution ( Penitentiaire Inrichting Haaglanden ), located at the road Pompstationsweg. On its premises is also the ICC Detention Centre for the detention of people awaiting trial before the International Criminal Court and the UN Detention Unit for the detention of people awaiting trial before the International Criminal Tribunal for

108-572: A national monument in 2010. About two-thirds of the complex was torn down much to the dismay of the Oranjehotel Foundation. 52°6′35.45″N 4°18′5.17″E  /  52.1098472°N 4.3014361°E  / 52.1098472; 4.3014361 International Criminal Court The International Criminal Court ( ICC ) is an intergovernmental organization and international tribunal seated in The Hague , Netherlands. It

162-678: A permanent international criminal court by proposing the creation of tribunal to address the illegal drug trade . In response, the General Assembly tasked the ILC with once again drafting a statute for a permanent court. While work began on the draft, the UN Security Council established two ad hoc tribunals in the early 1990s: The International Criminal Tribunal for the former Yugoslavia , created in 1993 in response to large-scale atrocities committed by armed forces during

216-456: A political agreement." Henry Kissinger says the checks and balances are so weak that the prosecutor "has virtually unlimited discretion in practice". Lead prosecutor Luis Moreno Ocampo of Argentina , in office from 2003 to 2012, was succeeded in the role by Fatou Bensouda of Gambia , who served from 16 June 2012 to 16 June 2021 (she was elected to the nine-year term on 12 December 2011). On 12 February 2021, British barrister Karim Khan

270-619: A state party, (2) the Security Council or (3) a prosecutor. It is then up to the prosecutor acting proprio motu to initiate an investigation under the requirements of Article 15 of the Rome Statute . The procedure is slightly different when referred by a state party or the Security Council, in which cases the prosecutor does not need authorization of the Pre-Trial Chamber to initiate the investigation. Where there

324-816: A treaty that would serve as the Court's statute. To consider major substantive issues in the draft statute, the General Assembly established the Ad Hoc Committee on the Establishment of an International Criminal Court, which met twice in 1995. After considering the Committee's report, the General Assembly created the Preparatory Committee on the Establishment of the ICC to prepare a consolidated draft text. From 1996 to 1998, six sessions of

378-602: Is a stub . You can help Misplaced Pages by expanding it . Hague Penitentiary Institution The Hague Penitentiary Institution ( Dutch : Penitentiaire Inrichting Haaglanden ) is a Dutch prison that is part of the Judicial Institutions Department ( Dienst Justitiële Inrichtingen , DJI) of the Ministry of Justice . It can accommodate more than 1,000 detainees and consists of two locations, at Zoetermeer and Scheveningen . The Zoetermeer location

432-467: Is a reasonable basis to proceed, it is mandatory for the prosecutor to initiate an investigation. The factors listed in Article 53 considered for reasonable basis include whether the case would be admissible, and whether there are substantial reasons to believe that an investigation would not serve the interests of justice (the latter stipulates balancing against the gravity of the crime and the interests of

486-544: Is for Systematic offenders and the Scheveningen location serves as a Penitentiary Psychiatric Center, the 'open design' Limited Secured Installation and Judicial Medical Center. A special independent unit in the Scheveningen location serves as a United Nations Detention Unit (UNDU) for international offenders where they remain in pre-trial detention under the responsibility of the United Nations like suspects of

540-406: Is presided over by a president and two vice-presidents , who are elected by the members to three-year terms. The Assembly meets in full session once a year, alternating between New York and The Hague , and may also hold special sessions where circumstances require. Sessions are open to observer states and non-governmental organizations. The Assembly elects the judges and prosecutors , decides

594-549: Is the first and only permanent international court with jurisdiction to prosecute individuals for the international crimes of genocide , crimes against humanity , war crimes , and the crime of aggression . The ICC is distinct from the International Court of Justice , an organ of the United Nations that hears disputes between states. Established in 2002 pursuant to the multilateral Rome Statute ,

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648-407: Is thus not a participant in the ICC nor under its jurisdiction, Putin can be charged for actions against Ukraine, which is not a party but has accepted jurisdiction of the court since 2014. Should Putin travel to a state party, he can be arrested by local authorities. Later in 2023, Russia's Ministry of Internal Affairs retaliated by placing several ICC officials on its wanted list. In March 2024,

702-456: Is unable to exercise his or her functions. One critic said there are "insufficient checks and balances on the authority of the ICC prosecutor and judges" and "insufficient protection against politicized prosecutions or other abuses". Luis Moreno-Ocampo , chief ICC prosecutor, stressed in 2011 the importance of politics in prosecutions: "You cannot say al-Bashir is in London, arrest him. You need

756-741: The Cold War , which made the establishment of an international criminal court politically unrealistic. Benjamin B. Ferencz , an investigator of Nazi war crimes after World War II and the Chief Prosecutor for the United States Army at the Einsatzgruppen trial , became a vocal advocate of the establishment of international rule of law and of an international criminal court. In his book Defining International Aggression: The Search for World Peace (1975), he advocated for

810-583: The ICC Detention Centre for the detention of people awaiting trial before the International Criminal Court . The penitentiary was picked as a trial location for the International Criminal Court, through United Nations Security Council Resolution 1688 of 17 June 2006. The Scheveningen prison was built in 1919 to house minor criminals. During World War II the prison was confiscated by the Germans and renamed Polizeigefängnis , but

864-726: The International Criminal Tribunal for the former Yugoslavia (ICTY) and of the International Criminal Court (ICC). The Zoetermeer location of the Hague Penitentiary Institution was built in 1995 and is located in the Rokkenhage district of Zoetermeer, a city in western Netherlands , in the province of South Holland . The penal institution in Zoetermeer is a detention center and an Institution for Systematic offenders (ISD). The location has capacity for nearly 400 detainees. The Scheveningen location of

918-783: The International Military Tribunal for the Far East in Tokyo prosecuted Japanese leaders. In 1948 the United Nations General Assembly first recognized the need for a permanent international court to deal with atrocities of the kind prosecuted after World War II. At the request of the General Assembly, the International Law Commission (ILC) drafted two statutes by the early 1950s but these were shelved during

972-567: The Presidential Commissioner for Children's Rights in Russia Maria Lvova-Belova for child abductions in the 2022 Russian invasion of Ukraine . Russia denounced the arrest warrants as "outrageous". Putin became the first head of state of a U.N. Security Council Permanent Member to be the subject of an ICC arrest warrant. Although Russia withdrew its signature from the Rome Statute in 2016, and

1026-530: The Yugoslav Wars , and the International Criminal Tribunal for Rwanda , created in 1994 following the Rwandan genocide . The creation of these tribunals further highlighted to many the need for a permanent international criminal court. In 1994, the ILC presented its final draft statute for the International Criminal Court to the General Assembly and recommended that a conference be convened to negotiate

1080-476: The 18 judges of the Court, organized into three chambers—the Pre-Trial Chamber, Trial Chamber and Appeals Chamber — which carry out the judicial functions of the Court. Judges are elected to the Court by the Assembly of States Parties. They serve nine-year terms and are not generally eligible for re-election. All judges must be nationals of states parties to the Rome Statute, and no two judges may be nationals of

1134-668: The Al Qassem Brigades Mohammed Deif , and Hamas political leader Ismail Haniyeh in connection to war crimes committed in the Israel-Hamas war . On November 21, warrants were formally issued for Netanyahu, Gallant and Deif. Warrants for Haniyeh and Sinwar were withdrawn following confirmation of their deaths in July and October respectively. The process to establish the court's jurisdiction may be "triggered" by any one of three possible sources: (1)

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1188-617: The Court by the United Nations Security Council . The ICC held its first hearing in 2006, concerning war crimes charges against Thomas Lubanga Dyilo , a Congolese warlord accused of recruiting child soldiers; his subsequent conviction in 2012 was the first in the court's history. The Office of the Prosecutor has opened twelve official investigations and is conducting an additional nine preliminary examinations. Dozens of individuals have been indicted in

1242-512: The Court's budget, adopts important texts (such as the Rules of Procedure and Evidence), and provides management oversight to the other organs of the Court. Article 46 of the Rome Statute allows the Assembly to remove from office a judge or prosecutor who "is found to have committed serious misconduct or a serious breach of his or her duties" or "is unable to exercise the functions required by this Statute". The states parties cannot interfere with

1296-542: The Hague Penitentiary Institution more popularly known as Scheveningen Prison is a famous prison in Belgisch Park , a neighbourhood in the Scheveningen district of The Hague , Netherlands . The penitentiary in the east section of Scheveningen is located at the road Pompstationsweg. The complex Scheveningen includes a Penitentiary Psychiatric Center, Limited Secured Installation (also called 'open design') and

1350-403: The ICC is considered by its proponents to be a major step toward justice, and an innovation in international law and human rights . However, it has faced a number of criticisms . Some governments have refused to recognize the court's assertion of jurisdiction, with other civil groups also accusing the court of bias, Eurocentrism and racism . Others have also questioned the effectiveness of

1404-803: The ICC issued two more arrest warrants, for Sergey Kobylash , the commander of the Long-Range Aviation of the Russian Aerospace Forces , and Viktor Sokolov , the commander of the Black Sea Fleet over their role in war crimes in Ukraine. On 20 May 2024, the ICC's Chief Prosecutor Karim Khan announced his intention to seek arrest warrants for Israeli Prime Minister Benjamin Netanyahu , Israeli Defense Minister Yoav Gallant , leader of Hamas Yahya Sinwar , leader of

1458-530: The ICC, including Ugandan rebel leader Joseph Kony , former President Omar al-Bashir of Sudan , President Uhuru Kenyatta of Kenya , Libyan head of state Muammar Gaddafi , President Laurent Gbagbo of Ivory Coast and former Vice President Jean-Pierre Bemba of the Democratic Republic of the Congo . On 17 March 2023, ICC judges issued arrest warrants for Russian leader Vladimir Putin and

1512-622: The Justice Center for Somatic Care (formerly the Penitentiary Hospital or Judicial Medical Center). A special independently acting unit in the penitentiary's Scheveningen location hosts the United Nations Detention Unit (UNDU), a UN -administered jail as part of the facility. The UNDU was established in 1993 as part of the International Criminal Tribunal for the former Yugoslavia (ICTY) and

1566-706: The Office of the Prosecutor). It comprises the President and the First and Second Vice-Presidents—three judges of the Court who are elected to the Presidency by their fellow judges for a maximum of two three-year terms. As of March 2024, the President is Tomoko Akane from Japan , who took office on 11 March 2024, succeeding Piotr Hofmański . Her first term will expire in 2027. The Judicial Divisions consist of

1620-717: The Preparatory Committee were held at the United Nations headquarters in New York City , during which NGOs provided input and attended meetings under the umbrella organisation of the Coalition for the International Criminal Court (CICC). In January 1998, the Bureau and coordinators of the Preparatory Committee convened for an Inter-Sessional meeting in Zutphen in the Netherlands to technically consolidate and restructure

1674-606: The Prosecutor (OTP) is responsible for conducting investigations and prosecutions. It is headed by the Prosecutor of the International Criminal Court, who is assisted by one or more Deputy Prosecutors. The Rome Statute provides that the Office of the Prosecutor shall act independently; as such, no member of the Office may seek or act on instructions from any external source, such as states, international organisations , non-governmental organisations or individuals. The Prosecutor may open an investigation under three circumstances: Any person being investigated or prosecuted may request

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1728-443: The Prosecutor which puts forth the considerations given to the topics the office focuses on, and often the criteria for case selection. While a policy paper does not give the Court jurisdiction over a new category of crimes, it promises what the Office of Prosecutor will consider when selecting cases in the upcoming term of service. OTP's policy papers are subject to revision. The five following Policy Papers have been published since

1782-441: The Rome Statute. Intended to serve as the "court of last resort", the ICC complements existing national judicial systems and may exercise its jurisdiction only when national courts are unwilling or unable to prosecute criminals. It lacks universal territorial jurisdiction and may only investigate and prosecute crimes committed within member states, crimes committed by nationals of member states, or crimes in situations referred to

1836-548: The Statute of the Court , including all the countries of South America, nearly all of Europe, most of Oceania and roughly half of Africa. Burundi and the Philippines were member states, but later withdrew effective 27 October 2017 and 17 March 2019, respectively. A further 29 countries have signed but not ratified the Rome Statute. The law of treaties obliges these states to refrain from "acts which would defeat

1890-496: The Statute. Forty-one additional states have neither signed nor acceded to the Rome Statute. Some of them, including China and India , are critical of the Court. The Court's management oversight and legislative body, the Assembly of States Parties, consists of one representative from each state party. Each state party has one vote and "every effort" has to be made to reach decisions by consensus . If consensus cannot be reached, decisions are made by vote. The Assembly

1944-399: The U.S., and Yemen . Israel's opposition to the treaty stemmed from the inclusion in the list of war crimes "the action of transferring population into occupied territory". The UN General Assembly voted on 9 December 1999 and again on 12 December 2000 to endorse the ICC. Following 60 ratifications, the Rome Statute entered into force on 1 July 2002 and the International Criminal Court

1998-614: The conclusion of the first convention stipulating the establishment of a permanent international court to try acts of international terrorism. The convention was signed by 13 states, but none ratified it and the convention never entered into force. Following the Second World War , the allied powers established two ad hoc tribunals to prosecute Axis leaders accused of war crimes. The International Military Tribunal , which sat in Nuremberg , prosecuted German leaders while

2052-736: The court as a means of upholding international law. The establishment of an international tribunal to judge political leaders accused of international crimes was first proposed during the Paris Peace Conference in 1919 following the First World War by the Commission of Responsibilities . The issue was addressed again at a conference held in Geneva under the auspices of the League of Nations in 1937, which resulted in

2106-430: The disqualification of a judge from a particular case is decided by an absolute majority of the other judges. Judges may be removed from office if "found to have committed serious misconduct or a serious breach of his or her duties" or is unable to exercise his or her functions. The removal of a judge requires both a two-thirds majority of the other judges and a two-thirds majority of the states parties. The Office of

2160-468: The disqualification of a prosecutor from any case "in which their impartiality might reasonably be doubted on any ground".< Requests for the disqualification of prosecutors are decided by the Appeals Chamber. A prosecutor may be removed from office by an absolute majority of the states parties through a finding "to have committed serious misconduct or a serious breach of his or her duties" or

2214-583: The draft articles into a draft. Finally, the General Assembly convened a conference in Rome in June 1998, with the aim of finalizing the treaty to serve as the Court's statute. On 17 July 1998, the Rome Statute of the International Criminal Court was adopted by a vote of 120 to seven, with 21 countries abstaining. The seven countries that voted against the treaty were China , Iraq , Israel , Libya , Qatar ,

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2268-492: The entry into force of the Rome Statute , a multilateral treaty that serves as the court's charter and governing document. States which become party to the Rome Statute become members of the ICC, serving on the Assembly of States Parties, which administers the court. As of October 2024, there are 125 ICC member states , 29 states have signed but not ratified the Rome Statute (including four who have withdrawn their signature) and 41 states have neither signed nor become parties to

2322-523: The establishment of such a court. Another leading proponent was Robert Kurt Woetzel , a German-born professor of international law, who co-edited Toward a Feasible International Criminal Court in 1970 and created the Foundation for the Establishment of an International Criminal Court in 1971. In June 1989, the Prime Minister of Trinidad and Tobago , A. N. R. Robinson , revived the idea of

2376-607: The former Yugoslavia . The former Liberian president Charles Taylor , who is on trial before the Special Court for Sierra Leone is also held there; the trial location is that of the International Criminal Court, as decided in United Nations Security Council Resolution 1688 of 17 June 2006. 52°06′32″N 4°17′35″E  /  52.109°N 4.293°E  / 52.109; 4.293 This South Holland location article

2430-594: The judicial functions of the Court. Disputes concerning individual cases are settled by the Judicial Divisions. In 2010, Kampala, Uganda hosted the Assembly's Rome Statute Review Conference. The Court has four organs: the Presidency, the Judicial Division, the Office of the Prosecutor, and the Registry. The Presidency is responsible for the proper administration of the Court (apart from

2484-541: The object and purpose" of the treaty until they declare they do not intend to become a party to the treaty. Four signatory states—Israel in 2002, the United States on 6 May 2002, Sudan on 26 August 2008, and Russia on 30 November 2016 —have informed the UN Secretary General that they no longer intend to become states parties and, as such, have no legal obligations arising from their signature of

2538-428: The same state. They must be "persons of high moral character, impartiality and integrity who possess the qualifications required in their respective States for appointment to the highest judicial offices". The Prosecutor or any person being investigated or prosecuted may request the disqualification of a judge from "any case in which his or her impartiality might reasonably be doubted on any ground". Any request for

2592-541: The start of the ICC: The Policy Paper published in September 2016 announced that the ICC will focus on environmental crimes when selecting the cases. According to this document, the Office will give particular consideration to prosecuting Rome Statute crimes that are committed by means of, or that result in, "inter alia, the destruction of the environment, the illegal exploitation of natural resources or

2646-427: The victims). The ICC is governed by the Assembly of States Parties, which is made up of the states that are party to the Rome Statute. The Assembly elects officials of the Court, approves its budget, and adopts amendments to the Rome Statute. The Court itself has four organs: the Presidency, the Judicial Divisions, the Office of the Prosecutor, and the Registry. As of October 2024 , 125 states are parties to

2700-536: Was already forbidden in international conflicts. Resolution 6, pursuant to Article 5(2) of the Statute, provided the definition and a procedure for jurisdiction over the crime of aggression . The ICC has four principal organs: the Presidency, the Judicial Divisions, the Office of the Prosecutor and the Registry. The ICC employs over 900 personnel from roughly 100 countries and conducts proceedings in English and French. The ICC began operations on 1 July 2002, upon

2754-606: Was colloquially known as Oranjehotel . More than 25,000 passed through the prison, the vast majority being Jews, resistance fighters, and political prisoners. Most went on to German prisons and concentration camps . 215 prisoners were executed at the Waalsdorpervlakte , the dunes opposite the prison. The complex became a prison again after the liberation, however cell 601, one of the cells for people condemned to death, remained in authentic condition. The original buildings were decommissioned in 2009, and were designated

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2808-486: Was formally established. The first bench of 18 judges was elected by the Assembly of States Parties in February 2003. They were sworn in at the inaugural session of the Court on 11 March 2003. The Court issued its first arrest warrants on 8 July 2005, and the first pre-trial hearings were held in 2006. The Court issued its first judgment in 2012 when it found Congolese rebel leader Thomas Lubanga Dyilo guilty of war crimes related to using child soldiers . Lubanga

2862-402: Was selected in a secret ballot against three other candidates to serve as lead prosecutor as of 16 June 2021. As British barrister, Khan had headed the United Nations' special investigative team when it looked into Islamic State crimes in Iraq. At the ICC, he had been lead defense counsel on cases from Kenya, Sudan and Libya. A Policy Paper is a document occasionally published by the Office of

2916-462: Was sentenced to 14 years in prison. In 2010, the states parties of the Rome Statute held the first Review Conference of the Rome Statute of the International Criminal Court in Kampala , Uganda . The Review Conference led to the adoption of two resolutions that amended the crimes under the jurisdiction of the Court. Resolution 5 amended Article 8 on war crimes, criminalizing the use of certain kinds of weapons in non-international conflicts whose use

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