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The International Criminal Court (ICC) is
the first ever permanent, treaty based, international criminal court
established to promote the rule of law and ensure that the gravest
international crimes do not go unpunished. The ICC will be complementary
to national criminal jurisdictions.
The ICC was established by the Rome Statute of the International
Criminal Court on 17 July 1998, when 120 States participating in the
"United Nations Diplomatic Conference of Plenipotentiaries on the
Establishment of an International Criminal Court" adopted the Statute.
This is the first ever permanent, treaty based, international criminal
court established to promote the rule of law and ensure that the gravest
international crimes do not go unpunished.
The Statute sets out the Court's jurisdiction, structure and functions
and it provides for its entry into force 60 days after 60 States have
ratified or acceded to it. The 60th instrument of ratification was
deposited with the Secretary General on 11 April 2002, when 10 countries
simultaneously deposited their instruments of ratification.
Accordingly, the Statute entered into force on 1 July 2002. Anyone who
commits any of the crimes under the Statute after this date will be
liable for prosecution by the Court.
Seat
The seat of the Court is The Hague in The Netherlands. The Court is
temporarily housed at "de Arc" building on the outskirts of The Hague
until it moves to its permanent premises.
Establishment
Even though the Statute entered into force on 1 July 2002, it will take
some time before the Court begins its operations. A number of statutory
measures and practical steps still have to be taken before the Court
becomes operational. Whereas the two ad hoc Tribunals for Yugoslavia and
Rwanda could be set up within the framework of the United Nations, the
ICC will have to be set up as a completely new international
organisation.
With the coming into force of the Rome Treaty, the Advance Team for the
International Criminal Court began work on 1st July 2002. Its mandate
ceased at the end of October.
The Team consisted of eight technical experts in, amongst other things,
human resources, finance, building and facilities management,
information technology, legal matters, and security. With the Host
State, the Team was doing preparatory ground work to enable the Court to
start recruiting and commence its basic operations when it formally
begins its work.
In addition, the Advance Team acted as a custodian for all information
addressed to the Court. Systems were put in place to allow the Team to
take possession of such material, register it in accordance with
international standards, and store it in a safe place until it can be
given to the Prosecutor when he or she takes up office, which is
expected to be early in 2003.
On 14 October 2002, the Director of the Division of Common Services
appointed by the Assembly of States Parties took his office at the seat
of the Court. Pending to the election of the Registrar, the Director
will perform the functions of the Registrar.
Elections
During its first resumed session held in New York from 3 to 7 February
2003, the Assembly of States Parties elected the eighteen judges of the
Court for a term of office of three, six, and nine years. The judges
constitute a forum of international experts that represents the world's
principal legal systems.
The 11 March 2003, according to article 38 of the Rome Statute, the 18
judges of the Court elected the Presidency . It is composed of Judge
Philippe Kirsch (Canada) as President, Judge Akua Kuenyehia (Ghana) as
First Vice-President, and Judge Elizabeth Odio Benito (Costa Rica) as
Second Vice-President of the Court.
On 21 April 2003, the Assembly of States Parties to the Rome Statute of
the International Criminal Court, meeting in its second resumed first
session, unanimously elected Mr. Luis Moreno-Ocampo (Argentina) as the
first Chief Prosecutor of the Court.
On 24 June 2003, Mr. Bruno Cathala (France) was elected Registrar of the
International Criminal Court by an absolute majority of the judges
meeting in plenary session. He will hold office for a term of five
years.
Relationship with United Nations
The International Criminal Court is an independent international
organisation. In accordance with article 2 of the Rome Statute, the
relationship with the United Nations system is governed by an agreement
that has been approved by the Assembly of States Parties during its
first Session held in New York from 3 to 10 September 2002. On 4 October
2004, this Negotiated Relationship Agreement between the International
Criminal Court and the United Nations has been concluded by the
President of the Court on its behalf
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