Introduction to International Criminal Law

Running head: INTERNATIONAL CRIMINAL LAW
International Criminal Law
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Authors Note

INTERNATIONAL CRIMINAL LAW1
Introduction
Many authors are of the view that the International Criminal Law came into existence
only because of two reasons, first, to finish the immunity of the wrongdoers in order to conduct
legal proceedings against them for committing the most horrific crime of the world and secondly,
to convey some sort of fairness and comfort to the victims of such crimes. Initially, the Domestic
Criminal Law is considered to be the usual place to resolve the heinous and shocking criminal
activities. However, for the last fifty years the International Criminal Law has gradually
appeared as a substitute means of determining clashes so shocking that Domestic Law is either
unsuccessful or not capable to address. After fifty years from the end of World War II, it became
necessary to establish International Criminal Tribunal aiming to finish the era of genocide or
mass destruction. Unfortunately, these tribunals again failed to meet the prospects of finishing
the era of mass destruction. Therefore, in 1994, a draft containing several laws was issued by the
International Law Commission in order to create the first stable International Criminal Court
(ICC). After four years from the issue of that draft, the Rome Statute was acquired for an
International Criminal Court and few years later that statute was ratified by the countries.
Unfortunately, it has been observed that an International court only achieves one goal out of the
two and that is legal proceedings. The fairness and comfort given to the victims by the ICC and
the Member States also cooperate with the ICC in this regard1. This paper mainly emphases on
the efficacy of the ICC in compensating the victims of domestic and international genocide
cases. While discussing the efficacy of ICC it also sheds light on the safeguards and rights
available to the victims under the International Criminal Law.
1 Bekou, Olympia. The International Criminal Court. (Routledge, 2017).

INTERNATIONAL CRIMINAL LAW2
Discussion
Before discussing the efficiency of the ICC in compensating the victims of genocide
cases both domestic and international, it is important to know about the terms. The International
Criminal Court or ICC is an autonomous court and international tribunal which operates it
functions in The Hague, Netherlands. In the year 1948, when a Convention was adopted on the
Prevention and Punishment of the Crime of Genocide, it became necessary to establish a stable
international court to deal with different types of murders which had been committed. However,
the United Nations of General Assembly played a vital role in establishing the stable
international court. In in the year 1998, a treaty was adopted by 160 countries during a
conference regarding the formation of international criminal court. The treaty was known as the
Rome Statute of the ICC. The treaty contained several rules which stated that the cooperation of
the States with the ICC is necessary to deal with different types of murders which had been
committed and to compensate the victims of that offences. Those 160 countries were known as
States Parties because they accepted those rules which were contained in the Rome Statute.
However, ultimately the treaty, namely, Rome Statute was ratified by 120 countries inclusive of
all regions, such as Africa, Eastern Europe, Latin America, Asia Pacific, the Caribbean along
with Western European and North America2.
Finally, the ICC started its operation in 2002. Many authors are of the view that there
exists several reasons and purposes behind the establishment of ICC. However, among many
purposes, the main purpose of the ICC is to investigate, start legal proceedings and try those
persons, who are indicted of committing the most heinous crimes concerning the entire
international community, such as war crimes, genocide crime, the crime of aggression and
2 Bassiouni, M. Cherif, and William A. Schabas, eds. The Legislative History of the International Criminal
Court (2 Vols.): Second Revised and Expanded Edition. (BRILL, 2016).

INTERNATIONAL CRIMINAL LAW3
crimes against humanity. All know it that the ICC usually operates its functions from The Hague,
Netherlands but according to the rules of the Rome Statute it may sit any places where the judges
may deem fit. It may also have the authority to construct its offices in the areas where
investigations take place. The main fund is provided by the State Parties so that it can function
smoothly. Apart from that the governments of various countries, individuals, corporations,
international organizations and other entities contribute voluntarily to raise the funds of ICC.
Primarily, it may seem that the ICC has similar powers as any other courts have. However, many
authors stated that ICC has some differences, such as it is a stable autonomous court.
International Court of Justice, which takes initiatives to settle disputes between States is
considered to be the chief legal organ of the United Nations is also different from ICC.
ICC is not an agency of the United Nations. It is a self-governing organization the duty of
which is to try people for genocide crimes. In 2004, an agreement is signed between the United
Nations and the ICC which regulates the relationship between them. ICC cannot start legal
proceedings against children, groups or States. It has the authority to start legal proceedings only
against those individuals, who are indicted of committing the most heinous crimes, such as war
crimes, genocide crimes3.
An innovative and difficult system of fairness is offered by the ICC which preserves the
rights of the victims of genocide crimes. It is fact that the rights provided by the ICC is not
absolute, however, it guarantee an impartial and fair trial to the victims. The international
criminal justice system helps to recognize the rights of the victims. A novel and important
development is represented by these rights which has already faced by the Court in the
previously held hearings. The rights of the victims is inserted in the Statute which is considered
3 Wasserman, Zia. The importance of reparations for victims of conflict-related sexual violence: challenges
facing the International Criminal Court. Diss. (University of Cape Town, 2016).