Day of International Criminal Justice
The 17th of July commemorates the anniversary of the Rome Statute adoption on 17 July 1998 and the foundation of the International Criminal Court in the Hague, the first-ever permanent body of international justice that has jurisdiction directly under international law to prosecute the most serious crimes.
In order to commemorate the anniversary, CCL together with partners organizes a Ukrainian International Criminal Justice Week (18-22 July 2022) discussion focusing in particular on the implementation of the Statute, as well as on achievements, best practices and challenges in that regard.
This Conference brings together eminent lawyers, researchers, experts, state servants and representatives of international and regional organizations and civil society.
The International Criminal Court (ICC) is an intergovernmental organization and international tribunal.
The ICC investigates and, where warranted, tries individuals charged with the gravest crimes of concern to the international community: genocide, war crimes, crimes against humanity and the crime of aggression.
In the course of the 20th century, failing twice (1914, 1939) to liberate humanity from the horrors of world war and witnessing the most terrifying, inhuman events (Holocaust), the international community put a great effort into the development of International humanitarian law. The adoption of the Geneva Conventions (GC) in 1949 brought radical changes – the convention straightened the applicability of IHL by regulating IAC (international armed conflict ) more thoughtfully and paying more attention to NIAC (non-international armed conflict). Nowadays, the following controversial question arises: Can IHL in its current state, address the instruments of modern warfare and the instruments of hybrid war alleged to the Russian Federation.
While the Geneva Convention exists to anticipate and prevent human rights violations via the promotion of IHL compliance, the Rome Statute adoption on the 17th of July 1998 enables criminal prosecution. The ICC began operations on the 1st of July 2002, upon the entry into force of the Rome Statute, a multilateral treaty.
The Rome Statute grants the ICC jurisdiction over our main crimes: The crime of genocide, crimes against humanity, war crimes and the crime of aggression. Yet, neither Ukraine nor Russia is a state party to the ICC Rome Statute. However, Ukraine lodged two declarations (first from 21.11.2013 to 22.02.2014, second from 20 February onwards) with the Court, thereby accepting ICC jurisdiction over the alleged crimes committed on the territory of Ukraine. Russia on the other hand withdrew its signature from the Rome Statute (2016).
Correct law application is crucial for thousands of soldiers and non-combatants from both sides of barricades.
For instance, the application of the Geneva Convention III, among others, defines guarantees and standards of imprisonment assigned to prisoners. Rebels, on the other hand, enjoy minimal standards of imprisonment guaranteed by international customary law, international human rights law and national criminal legislation. Such issues as combatant status, use of deadly force, status-based targeting, humanitarian assistance, restrictions on weapons and methods of warfare are those significant implications of conflict classification.
17 July unites people all over the world who wish to strengthen justice, promote victims’ rights, and help prevent crimes that threaten the peace, security and well-being of the world.
This day is also a reminder to honor the work of individuals working to advocate the fundamental human rights of victims affected by criminal acts.
To learn more and watch the live translation of a conference, please register.
Photo by Tingey Injury Law Firm on Unsplash
