SALIENT PROVISIONS OF STATUTE OF THE ICJ RE: PROCEDURE

PROCEDURE FLOWCHART INTERNATIONAL COURT OF JUSTICE

Article 39 OFFICIAL LANGUAGES

* French and English. The parties should agree which of the official
language to use. In case of no agreement may use the language it
prefers and the Court shall decide in both French & English. In this
case the Court shall at the same time determine which of the two
texts shall be considered as authoritative.
* The Court shall, at the request of any party, authorize a language
other than French or English to be used by that party.

Written phase

APPLICANT STATE

Oral phase

Written Memorial setting

out:
Basis of the
Courts
1
jurisdiction
Merits of its claim

ICJ Registrar transmits a copy

Secretary General of UN

Members of the UN

Other States entitled to

appear before the Court

NO CASE!
NO

YES
Decide
WON to
consent

Counter-Memorial setting out:

Merits of its claim

RESPONDENT STATE

Article 42 IMMUNITIES OF AGENTS

* The agents, counsel, and advocates of parties before the Court shall
enjoy the privileges and immunities necessary to the independent
exercise of their duties.

Article 55 DECIDING VOTE

* All questions shall be decided by a majority of the judges present.
* In the event of an equality of votes, the President or the judge who
acts in his place shall have a casting vote.

Article 59 BINDING FORCE

* The decision of the Court has no binding force except between the
parties and in respect of that particular case.

HEARING3

Motion to
intervene

FINAL SUBMISSIONS

NOTES:
1
2

JUDGMENT including:
Separate opinions
Dissenting opinions

3rd, 4th, etc. STATE

Members:

e.g. SPECIAL AGREEMENT among the parties re: jurisdiction of the Court
other allowed pleadings: reply, rejoinder
Article 49 (Rules of Court)

1. A Memorial shall contain a statement of the relevant facts, a statement of law, and the submissions.
2. A Counter-Memorial shall contain: an admission or denial of the facts stated in the Memorial; any additional facts, if necessary;
observations concerning the statement of law in the Memorial; a statement of law in answer thereto; and the submissions.
3. The Reply and Rejoinder, whenever authorized by the Court, shall not merely repeat the parties' contentions, but shall be
directed to bringing out the issues that still divide them.
4. Every pleading shall set out the party's submissions at the relevant stage of the case, distinctly from the arguments presented, or
shall confirm the submissions previously made.
3

Production of Evidence, Testimony of Witnesses, Oral Arguments

PUBLIC INTERNATIONAL LAW

XAVIER UNIVERSITY COLLEGE OF LAW

ND

SEM SY 13 14

ATTY. BATULA

BAULA, Cherry Pie

BONIEL, Junnieson
DINERO, Dafodille
ESCALANTE, Alecsis Vivien
JUAREZ, Francis Lorenzo
UY, Alona Mae
VILLO, Viktoria Mary Antonette
GROUP 3

Introduction
The International Criminal Court is a permanent international tribunal to
prosecute individuals for genocide, crimes against humanity, war crimes and the
crime of aggression.
The ICC was created by the Rome Statute which came into force on July 1 2002.
The Court has established itself in The Hague, Netherlands, but its proceedings
may take place anywhere. It is intended to complement existing national judicial
systems, and may only exercise its jurisdiction when national courts are unwilling
or unable to investigate or prosecute such crimes.
History
The establishment of an international tribunal to judge political leaders accused
of war crimes was first made during the Paris Peace Conference in 1919 by the
Commission of Responsibilities (Composed of Allied Powers in the WWI).
In 1937, the League of Nations tried to establish a permanent international court
to try acts of international terrorism. 13 Governments signed the convention but
it was never ratified. At the request of the General Assembly, the International
Law Commission drafted two statutes by 1950 but these were shelved as the Cold
War made the establishment of an international court politically unrealistic.
In 1994, the international community established ad hoc tribunals to try war
crimes committed in the conflict in Bosnia, Croatia as well as in Rwanda. These
conflicts highlighted the need for a permanent international criminal court.
Structure of the Court
The Court is an independent institution. The Court is not part of the United
Nations, but it maintains a cooperative relationship with the U.N. The Court is
based in The Hague, the Netherlands, although it may also sit elsewhere.
The Court is composed of four organs. These are the Presidency, the judicial
Divisions, the Office of the Prosecutor and the Registry.

Presidency
Judicial Divisions
Office of the Prosecutor
Registry
Other Offices

Presidency
The Presidency is responsible for the overall administration of the Court, with the
exception of the Office of the Prosecutor, and for specific functions assigned to
the Presidency in accordance with the Statute. The Presidency is composed of
three judges of the Court, elected to the Presidency by their fellow judges, for a
term of three years. The President of the Court is Judge Sang-Hyun Song (Republic
of Korea). Judge Sanji Mmasenono Monageng (Botswana) is First Vice-President,
and Judge Cuno Tarfusser (Italy) is Second Vice-President.
Judicial Divisions
The Judicial Divisions consist of eighteen judges organized into the Pre-Trial
Division, the Trial Division and the Appeals Division. The judges of each Division
sit in Chambers which are responsible for conducting the proceedings of the Court
at different stages. Assignment of judges to Divisions is made on the basis of the
nature of the functions each Division performs and the qualifications and
experience of the judge. This is done in a manner ensuring that each Division
benefits from an appropriate combination of expertise in criminal law and
procedure and international law. The judges of the Court are: Sang-Hyun Song
(Republic of Korea), Sanji Mmasenono Monageng (Botswana), Cuno Tarfusser
(Italy), Hans-Peter Kaul (Germany), Akua Kuenyehia (Ghana), Erkki Kourula
(Finland), Anita Uacka (Latvia), Ekaterina Trendafilova (Bulgaria), Joyce Aluoch
(Kenya), Christine van den Wyngaert (Belgium), Silvia Alejandra Fernndez de
Gurmendi (Argentina), Kuniko Ozaki (Japan), Miriam Defensor-Santiago
(Philippines), Howard Morrison (United Kingdom), Olga Herrera Carbuccia
(Dominican Republic), Robert Fremr (Czech Republic), Chile Eboe-Osuji (Nigeria)
and Geoffrey A. Henderson (Trinidad and Tobago).
The following judges are continuing in office to complete their trials, in
accordance with article 36(10) of the Rome Statute:

Judge Fatoumata Dembele Diarra (Mali)

Judge Sylvia Steiner (Brazil)
Judge Bruno Cotte (France)

Office of the Prosecutor

The Office of the Prosecutor is responsible for receiving referrals and any
substantiated information on crimes within the jurisdiction of the Court, for
examining them and for conducting investigations and prosecutions before the

Court. The Office is headed by the Prosecutor, Mrs. Fatou Bensouda (The
Gambia), who was elected by the States Parties for a term of nine years.
She is assisted by Deputy Prosecutor James Stewart who is in charge of the
Prosecutions Division of the Office of the Prosecutor.
Registry
The Registry is responsible for the non-judicial aspects of the administration and
servicing of the Court. The Registry is headed by the Registrar who is the principal
administrative officer of the Court. The Registrar exercises his or her functions
under the authority of the President of the Court. The current Registrar, elected
by the judges for a term of five years, is Mr Herman von Hebel (The Netherlands).
Other Offices
The Court also includes a number of semi-autonomous offices such as the Office
of Public Counsel for Victims and the Office of Public Counsel for Defence. These
Offices fall under the Registry for administrative purposes but otherwise function
as wholly independent offices. The Assembly of States Parties has also established
a Trust Fund for the benefit of victims of crimes within the jurisdiction of the
Court and the families of these victims.

Jurisdiction and Admissibility

The Court may exercise jurisdiction over genocide, crimes against humanity and war crimes. These crimes
are defined in detail in the Rome Statute. In addition, a supplementary text of the Elements of Crimes
provides a breakdown of the elements of each crime.
The Court has jurisdiction over individuals accused of these crimes. This includes those directly responsible
for committing the crimes as well as others who may be liable for the crimes, for example by aiding,
abetting or otherwise assisting in the commission of a crime. The latter group also includes military
commanders or other superiors whose responsibility is defined in the Statute.
The Court does not have universal jurisdiction. The Court may only exercise jurisdiction if:

The accused is a national of a State Party or a State otherwise accepting the jurisdiction of the
Court;
The crime took place on the territory of a State Party or a State otherwise accepting the jurisdiction
of the Court; or
The United Nations Security Council has referred the situation to the Prosecutor, irrespective of the
nationality of the accused or the location of the crime.

The Courts jurisdiction is further limited to events taking place since 1 July 2002. In addition, if a State
joins the Court after 1 July 2002, the Court only has jurisdiction after the Statute entered into force for that
State. Such a State may nonetheless accept the jurisdiction of the Court for the period before the Statutes
entry into force. However, in no case can the Court exercise jurisdiction over events before 1 July 2002.
Even where the Court has jurisdiction, it will not necessarily act. The principle of complementarity
provides that certain cases will be inadmissible even though the Court has jurisdiction. In general, a case
will be inadmissible if it has been or is being investigated or prosecuted by a State with
jurisdiction. However, a case may be admissible if the investigating or prosecuting State is unwilling or
unable to genuinely to carry out the investigation or prosecution. For example, a case would be admissible
if national proceedings were undertaken for the purpose of shielding the person from criminal
responsibility. In addition, a case will be inadmissible if it is not of sufficient gravity to justify further action
by the Court.

Structure of the Court

The Court is an independent institution. The Court is not part of the United Nations, but it maintains a
cooperative relationship with the U.N. The Court is based in The Hague, the Netherlands, although it may
also sit elsewhere.
The Court is composed of four organs. These are the Presidency, the judicial Divisions, the Office of the
Prosecutor and the Registry.

Presidency
Judicial Divisions
Office of the Prosecutor
Registry
Other Offices

Presidency
The Presidency is responsible for the overall administration of the Court, with the exception of the Office of
the Prosecutor, and for specific functions assigned to the Presidency in accordance with the Statute. The
Presidency is composed of three judges of the Court, elected to the Presidency by their fellow judges, for a
term of three years. The President of the Court is Judge Sang-Hyun Song (Republic of Korea). Judge Sanji
Mmasenono Monageng (Botswana) is First Vice-President, and Judge Cuno Tarfusser (Italy) is Second VicePresident.
Judicial Divisions

The Judicial Divisions consist of eighteen judges organized into the Pre-Trial Division, the Trial Division and
the Appeals Division. The judges of each Division sit in Chambers which are responsible for conducting the
proceedings of the Court at different stages. Assignment of judges to Divisions is made on the basis of the
nature of the functions each Division performs and the qualifications and experience of the judge. This is
done in a manner ensuring that each Division benefits from an appropriate combination of expertise in
criminal law and procedure and international law. The judges of the Court are: Sang-Hyun Song (Republic of
Korea), Sanji Mmasenono Monageng (Botswana), Cuno Tarfusser (Italy), Hans-Peter Kaul (Germany), Akua
Kuenyehia (Ghana), Erkki Kourula (Finland), Anita Uacka (Latvia), Ekaterina Trendafilova (Bulgaria), Joyce
Aluoch (Kenya), Christine van den Wyngaert (Belgium), Silvia Alejandra Fernndez de Gurmendi
(Argentina), Kuniko Ozaki (Japan), Miriam Defensor-Santiago (Philippines), Howard Morrison (United
Kingdom), Olga Herrera Carbuccia (Dominican Republic), Robert Fremr (Czech Republic), Chile Eboe-Osuji
(Nigeria) and Geoffrey A. Henderson (Trinidad and Tobago).
The following judges are continuing in office to complete their trials, in accordance with article 36(10) of the
Rome Statute:

Judge Fatoumata Dembele Diarra (Mali)

Judge Sylvia Steiner (Brazil)
Judge Bruno Cotte (France)

Office of the Prosecutor

The Office of the Prosecutor is responsible for receiving referrals and any substantiated information on
crimes within the jurisdiction of the Court, for examining them and for conducting investigations and
prosecutions before the Court. The Office is headed by the Prosecutor, Mrs. Fatou Bensouda (The Gambia),
who was elected by the States Parties for a term of nine years.
She is assisted by Deputy Prosecutor James Stewart who is in charge of the Prosecutions Division of the
Office of the Prosecutor.
Registry
The Registry is responsible for the non-judicial aspects of the administration and servicing of the Court. The
Registry is headed by the Registrar who is the principal administrative officer of the Court. The Registrar
exercises his or her functions under the authority of the President of the Court. The current Registrar,
elected by the judges for a term of five years, is Mr Herman von Hebel (The Netherlands).
Other Offices
The Court also includes a number of semi-autonomous offices such as theOffice of Public Counsel for
Victims and the Office of Public Counsel for Defence. These Offices fall under the Registry for administrative
purposes but otherwise function as wholly independent offices. The Assembly of States Parties has also
established a Trust Fund for the benefit of victims of crimes within the jurisdiction of the Court and the
families of these victims.

Situations and cases

21 cases in 8 situations have been brought before the International Criminal Court.
Pursuant to the Rome Statute, the Prosecutor can initiate an investigation on the basis of a referral from any
State Party or from the United Nations Security Council. In addition, the Prosecutor can initiate
investigations proprio motu on the basis of information on crimes within the jurisdiction of the Court
received from individuals or organisations (communications).
To date, four States Parties to the Rome Statute Uganda, the Democratic Republic of the Congo, the
Central African Republic and Mali have referred situations occurring on their territories to the Court. In
addition, the Security Council has referred the situation in Darfur, Sudan, and the situation in Libya both
non-States Parties. After a thorough analysis of available information, the Prosecutor has opened and is
conducting investigations in all of the above-mentioned situations.
On 31 March 2010, Pre-Trial Chamber II granted the Prosecution authorisation to open an
investigation proprio motu in the situation of Kenya. In addition, on 3 October 2011, Pre-Trial Chamber III
granted the Prosecutors request for authorisation to open investigations proprio motu into the situation in
Cte dIvoire.
Situation in Uganda
The case The Prosecutor v. Joseph Kony, Vincent Otti, Okot Odhiambo and Dominic Ongwen is currently
being heard before Pre-Trial Chamber II. In this case, five warrants of arrest have been issued against [the]
five top members of the Lords Resistance Army (LRA).

Following the confirmation of the death of Mr Lukwiya, the proceedings against him have been terminated.
The four remaining suspects are still at large.
Situation in the Democratic Republic of the Congo
In this situation, five cases have been brought before the relevant Chambers:The Prosecutor v. Thomas
Lubanga Dyilo; The Prosecutor v. Bosco Ntaganda;The Prosecutor v. Germain Katanga; The Prosecutor v.
Mathieu Ngudjolo Chui;The Prosecutor v. Callixte Mbarushimana; and The Prosecutor v. Sylvestre
Mudacumura. Thomas Lubanga Dyilo, Germain Katanga and Bosco Ntaganda are currently in the custody of
the ICC. Sylvestre Mudacumura remains at large.
Trial Chamber I convicted Mr Lubanga Dyilo on 14 March 2012. The trial in this case, The Prosecutor v.
Thomas Lubanga Dyilo, had started on 26 January 2009. On 10 July 2012, he was sentenced to a total
period of 14 years of imprisonment. The time he spent in the ICCs custody will be deducted from this total
sentence. On 7 August 2012, Trial Chamber I issued a decision on the principles and the process to be
implemented for reparations to victims in the case. All three decisions are currently subject to appeal.
The trial in the case of The Prosecutor v. Germain Katanga and Mathieu Ngudjolo Chui started on 24
November 2009. Closing statements in the case were heard from 15 to 23 May 2012. On 21 November
2012, Trial Chamber II decided to sever the charges against Mathieu Ngudjolo Chui and Germain Katanga.
On 18 December 2012, Trial Chamber II acquitted Mathieu Ngudjolo Chui of the charges of war crimes and
crimes against humanity and ordered his immediate release. On 21 December 2012, Mathieu Ngudjolo Chui
was released from custody. The Office of the Prosecutor has appealed the verdict.
The verdict regarding German Katanga will be delivered at a later stage.
The confirmation of charges hearing in the case The Prosecutor v. Callixte Mbarushimana took place from 16
to 21 September 2011. On 16 December 2011, Pre-Trial Chamber I decided by Majority to decline to
confirm the charges against Mr Mbarushimana. Mr Mbarushimana was released from the ICCs custody on
23 December 2011, upon the completion of the necessary arrangements, as ordered by Pre-Trial Chamber I.
On 22 March 2013, Bosco Ntaganda surrendered himself voluntarily and is now in the ICCs custody. His
initial appearance hearing took place before Pre-Trial Chamber II on 26 March 2013. The confirmation of
charges hearing in the case is scheduled to start on 10 February 2014.
Situation in Darfur, Sudan
There are five cases in the situation in Darfur, Sudan: The Prosecutor v. Ahmad Muhammad Harun (Ahmad
Harun) and Ali Muhammad Ali Abd-Al-Rahman (Ali Kushayb); The Prosecutor v. Omar Hassan Ahmad Al
Bashir; The Prosecutor v. Bahar Idriss Abu Garda; The Prosecutor v. Abdallah Banda Abakaer
Nourain; and The Prosecutor v. Abdel Raheem Muhammad Hussein.
Warrants of arrest have been issued by Pre-Trial Chamber I for Messrs Harun, Kushayb, Al Bashir and
Hussein. The four suspects remain at large.
A summons to appear was issued for Mr Abu Garda, who appeared voluntarily before the Chamber on 18
May 2009. After the hearing of confirmation of charges, on February 2010, Pre-Trial Chamber I declined to
confirm the charges. Mr Abu Garda is not in the custody of the ICC.
Two other summonses to appear were issued for Mr Banda and Mr Jerbo who appeared voluntarily on 17
June 2010; the confirmation of charges hearing took place on 8 December 2010. On 7 March 2011, PreTrial Chamber I unanimously decided to confirm the charges of war crimes brought by the ICCs Prosecutor
against Mr Banda and Mr Jerbo, and committed them to trial. On 4 October 2013, Trial Chamber IV
terminated the proceedings against Saleh Jerbo after receiving evidence pointing towards the death of Mr
Jerbo on 19 April 2013. The proceedings against Abdallah Banda will continue and the trial is scheduled to
start on 5 May 2014
Situation in the Central African Republic
The situation was referred to the Court by the Government of the Central African Republic in December
2004. The Prosecutor opened an investigation in May 2007. The trial in the case The Prosecutor v. JeanPierre Bemba Gombostarted before Trial Chamber III on 22 November 2010, for two charges of crimes
against humanity and three charges of war crimes, and committed the accused to trial. On 20 November
2013, a warrant of arrest for Jean-Pierre Bemba Gombo, Aim Kilolo Musamba, Jean-Jacques Mangenda
Kabongo, Fidle Babala Wandu, and Narcisse Arido was issued by the ICC for offences against the
administration of justice allegedly committed in connection with the case ofThe Prosecutor v. Jean-Pierre
Bemba Gombo. On 25 November 2013, Fidle Babala Wandu and Aim Kilolo Musamba were transferred to
the ICC Detention centre. On 27 November 2013, Aim Kilolo Musamba, Fidle Babala Wandu, and JeanPierre Bemba Gombo made their initial appearance before the ICC. Jean-Jacques Mangenda Kabongo and
Narcisse Arido are detained in The Netherlands and France and will be surrendered to the Court upon
completion of the relevant national proceedings.
Situation in the Republic of Kenya

On 31 March 2010, Pre-Trial Chamber II granted the Prosecutors request to open an investigation proprio
motu in the situation in Kenya, State Party since 2005. Following summonses to appear issued on 8 March
2011, six Kenyan citizens voluntarily appeared before Pre-Trial Chamber II on 7 and 8 April 2011. The
confirmation of charges hearing in the case The Prosecutor v. William Samoei Ruto and Joshua Arap
Sang were held from 1 to 8 September 2011. The confirmation of charges hearing in the case The
Prosecutor v. Uhuru Muigai Kenyatta took place from 21 September to 5 October 2011. On 23 January
2012, the judges declined to confirm the charges against Henry Kiprono Kosgey and Mohammed Hussein Ali.
Pre-Trial Chamber II confirmed the charges against William Samoei Ruto, Joshua Arap Sang, Francis Kirimi
Muthaura and Uhuru Muigai Kenyatta and committed them to trial. On 18 March 2013, the charges against
Francis Kirimi Muthaura were withdrawn. The trial of William Samoei Ruto and Joshua Arap is started on 10
September 2013 and the trial of Uhuru Muigai Kenyatta is scheduled to start on 5 February 2014.
On 2 October 2013, Pre-Trial Chamber II unsealed an arrest warrant againstWalter Osapiri Barasa, initially
issued on 2 August 2013, for several offences against the administration of justice consisting in corruptly or
attempting to corruptly influencing ICC witnesses.
Situation in Libya
On 26 February 2011, the United Nations Security Council decided unanimously to refer the situation
in Libya since 15 February 2011 to the ICC Prosecutor. On 3 March 2011, the ICC Prosecutor announced his
decision to open an investigation in the situation in Libya, which was assigned by the Presidency to Pre-Trial
Chamber I. On 27 June 2011, Pre-Trial Chamber I issued three warrants of arrest respectively for Muammar
Mohammed Abu Minyar Gaddafi, Saif Al-Islam Gaddafi and Abdullah Al-Senussi for crimes against humanity
(murder and persecution) allegedly committed across Libya from 15 until at least 28 February 2011, through
the State apparatus and Security Forces. On 22 November 2011, Pre-Trial Chamber I formally terminated
the case against Muammar Gaddafi due to his death. The two other suspects are not in the custody of the
Court. On 31 May 2013, Pre-Trial Chamber I rejected Libyas challenge to the admissibility of the case
against Saif Al Islam Gaddafi and reminded Libya of its obligation to surrender the suspect to the Court. An
appeal against the decision is pending. On 11 October 2013, Pre-Trial Chamber I decided that the case
against Abdullah Al-Senussi is inadmissible before the ICC as it was currently subject to domestic
proceedings conducted by the Libyan competent authorities and that Libya is willing and able genuinely to
carry out such investigation. The Prosecutor and the Defence may appeal this decision.
Situation in Cte dIvoire
Cte dIvoire, was not party to the Rome Statute at the time, had accepted the jurisdiction of the ICC on 18
April 2003; more recently, and on both 14 December 2010 and 3 May 2011, the Presidency of Cte
d'Ivoire reconfirmed the countrys acceptance of this jurisdiction. On 15 February 2013, Cte dIvoire ratified
the Rome Statute. On 3 October 2011, Pre-Trial Chamber III granted the Prosecutors request for
authorisation to open investigationsproprio motu into the situation in Cte dIvoire with respect to alleged
crimes within the jurisdiction of the Court, committed since 28 November 2010, as well as with regard to
crimes that may be committed in the future in the context of this situation. On 22 February 2012, Pre-Trial
Chamber III decided to expand its authorisation for the investigation in Cte dIvoire to include crimes
within the jurisdiction of the Court allegedly committed between 19 September 2002 and 28 November
2010.
On 23 November 2011, Pre-Trial Chamber III issued a warrant of arrest under seal in the case The
Prosecutor v. Laurent Gbagbo for four counts of crimes against humanity. The arrest warrant against Mr
Gbagbo was unsealed on 30 November 2011, when the suspect was transferred to the ICC detention centre
at The Hague, by the Ivorian authorities. On 5 December 2011, Pre-Trial Chamber III held an initial
appearance hearing. The confirmation of charges hearing took place between 19 and 28 February 2013. On
3 June 2013, Pre-Trial Chamber I adjourned the hearing on the confirmation of charges and requested the
Prosecutor to consider providing further evidence or conducting further investigation with respect to the
charges presented against Laurent Gbagbo.
On 22 November 2012, Pre-Trial Chamber I decided to unseal a warrant of arrest issued initially on 29
February 2012 against Simone Gbagbo for four counts of crimes against humanity allegedly committed in
the territory of Cte d'Ivoire between 16 December 2010 and 12 April 2011. Mrs. Gbagbo is not in the
custody of the Court.
On 30 September 2013, Pre-Trial Chamber I unsealed an arrest warrant against Charles Bl Goud initially
issued on 21 December 2011 for four counts of crimes against humanity allegedly committed in the territory
of Cte dIvoire between 16 December 2010 and 12 April 2011. Mr Bl Goud is not in the custody of the
Court.
Situation in Mali

On 16 January 2013, the Office of the Prosecutor opened an investigation into alleged crimes committed on
the territory of Mali since January 2012.
The situation in Mali was referred to the Court by the Government of Mali on 13 July 2012. After conducting
a preliminary examination of the situation, including an assessment of admissibility of potential cases, the
OTP determined that there was a reasonable basis to proceed with an investigation.
The situation in Mali is assigned to Pre-Trial Chamber II.