Due Process Of Law Under International Criminal Court
The International Criminal Court (ICC) was founded on July 1, 2002. It is accepted to be an authority to process cases of crimes committed on or after that date. It was established, and also governed by the Roman Statute of the International Criminal Court. Today, around one hundred and ten countries are affiliated to the ICC. However, the United States is not a member of this court.
The Court tries only the most serious and heinous international crimes pertaining to genocide, war crimes, and crimes against mankind and peace. As a rule, it has power to process jurisdiction only over the citizens of the member countries. It also tries cases referred to it by the United Nations Security Council or from the respective member state of the Council. Again, the Court can only function if the crime takes place within one of the member countries.
No case can be tried at this Court without first being investigated and tried by the courts in the respective country. It is only when the state cannot or will not prosecute the crime that the International Criminal Court steps in. The prosecutor of the court would first analyze the case thoroughly before re-opening the case in the International Court After which, an extensive investigation would be conducted in the Court. The prosecutor then determines if the case is valid enough to proceed, while maintaining all the rights of the accused in the process.
Each trial is first assigned to a Pre-Trial Chamber. This chamber can issue summons to the accused to appear before the Court, and also issue arrest warrants. Then the case is handed over to the three judges in the Trial Chamber. If the accused is found guilty of the committed crime, then the Court can give up to thirty years of sentence, or even life imprisonment. This can also result in making amendments in the system.
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