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Role of ICC

1. The ICC enforces integrated mechanism for bringing about Individual Accountability
for International Crimes.

The main role of ICC is to adjudicate upon individual accused of War


crimes, Crimes against humanity and Genocides.  For the past few decades
nations have felt the need of a proper mechanism that enforce laws that will
hold individuals accountable for serious International crimes. For example-
incase of violations of the Geneva Convention, Genocide conventions,
customary laws for war crimes etc; national courts were expected to resolve
the matter. This created confusion as to which national jurisdiction must be
referred to. It is also observed that in most cases the National Courts were
reluctant to act on such cases owing to widespread systematic violence and
most importantly due to the involvement of States themselves.

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Governments themselves were involved in such crimes thus national courts


couldn’t effectively resolve such crimes. Thus, the perpetrators remained
protected from impunity. Thus, to punish the agents of such governments
and bring about not only collective but also individual criminal liability for
such crimes, the ICC was established.
Note- the ICC doesn’t have universal jurisdiction. It only has jurisdiction
over States which have voluntarily signed under it i.e. the States that have
consented to their jurisdiction.

1.  To enforce an International justice System to prevent impunity.

As discussed above since the national courts were unwilling to act upon
cases involving international genocide, war crimes etc; there was a dire need
for an integrated third party or an International Justice System. ICC fulfills
this need.

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1. To resolve the limitations of the Ad Hoc tribunals

As evident from history (like the issues of former Yugoslavia and Rwanda
or even Nazi Germany) ad hoc tribunals used to be set up to solve
international crimes and bring about conviction. However, the scope of such
tribunals were limited and thus the ICC steps in, in order to overcome such
limitations.
1. The ICC recognizes the role of the Security Council.

The Security Council has a special role to maintain peace and security. It’s
mentioned under the Rome Statute that the Security Council will be
referring cases to ICC so that unnecessarily loose Ad Hoc tribunals are not
created.

1. The ICC deals with 4 types of International Crimes.

a. Genocide- individuals having the intent to destroy in whole or part of a national,


ethnic, racial, or religious group
b. War crimes- serious breach of the Geneva Convention. This convention lays down
prohibitions on torture and attacks on civilians.
c. Crimes against humanity- gross violations with regard to large-scale attacks against
civilian populations. It also includes murder, rape, torture imprisonment, bondage and
slavery.
d. Crimes of aggression- threat of armed force by a state against another state. Also
covers State actions violative of the UN Charter.

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