Topic – Important International institutions, agencies and fora- their structure, mandate.
3) Discuss the structure and functioning of the International Criminal Court. Also discuss the criticism faced by the organization.(250 words)
Why this question
ICC has been recently in news over ts several verdicts and also due to the US threatening the organization over its decision to prosecute Americans and its allies for war-crimes in Afghanistan. In this context it is essential to know about the organization- its structure and how it functions as well as what is the criticism faced by it.
Discuss- This is an all-encompassing directive which mandates us to write in detail about the key demand of the question. We also have to discuss about the related and important aspects of the question in order to bring out a complete picture of the issue in hand.
Key demand of the question.
the question wants us to write in detail about the organizational structure of the ICC, how it works and also discuss in detail about the accusations/ criticism faced by it.
Structure of the answer
Introduction– Write a few introductory lines about ICC e.g ICC is an intergovernmental organization and international tribunal that has the jurisdiction to prosecute individuals for the international crimes of genocide, crimes against humanity, and war crimes. The Rome Statute is a multilateral treaty which serves as the ICC’s foundational and governing document. Currently, there are 123 states which are party to the Rome Statute and therefore members of the ICC.
- Discuss the organizational structure of ICC. Here instead of explaining things you should draw a tree diagram to illustrate the structure and also explain each entity briefly. E.g Mention and illustrate 1)State parties -Assembly of States Parties; 2) Organs of the Court-Presidency,Judicial Divisions, Office of the Prosecutor.
- Discuss how the ICC functions. E.g The ICC is intended to complement, not to replace, national criminal systems; it prosecutes cases only when States do not are unwilling or unable to do so genuinely; ICC does not have its own police force or enforcement body; thus, it relies on cooperation with countries worldwide for support, particularly for making arrests, transferring arrested persons to the ICC detention centre etc; the Court has a cooperation agreement with the United Nations. Highlight the stages of investigation- Preliminary examinations-Investigations-Pre-Trial stage-Trial stage-Appeals stage- Enforcement of sentence.
- Discuss the criticism faced by ICC. e.g African Accusations of Western imperialism; African Union (AU) withdrawal proposal; OPCD; Limitations in demanding attendance and forcing orders etc.
Conclusion– Based on your discussion, form a fair and a balanced conclusion on the given issue.