The International Criminal Court Regime #251102

Upon successful completion of this course, participants will be able to:

• Analyze the historical origins, legal basis, and foundational principles of the ICC as laid out in the Rome Statute.

• Differentiate the core international crimes within the Court’s jurisdiction (genocide, crimes against humanity, war crimes, aggression) and their specific legal elements.

• Map the end-to-end ICC process, from a preliminary examination and proprio motu powers to trial, appeal, and reparations.

• Evaluate the complex interplay between the ICC and state sovereignty, including principles of complementarity, cooperation, and immunities.

• Critically assess the major challenges facing the Court, including politicization, enforcement issues, and engagement with non-state parties.

• Formulate informed perspectives on the Court’s impact on peace processes, victims’ rights, and the future of international criminal law.

This course is designed for professionals whose work intersects with international law, justice, human rights, and diplomacy:

• Lawyers and Legal Advisors (International Law, Human Rights, Military)

• Diplomats and Foreign Service Officers

• Government Officials from Ministries of Justice and Foreign Affairs

• Staff of International Organizations (UN, AU, EU, etc.)

• Human Rights Advocates and Researchers

• Journalists covering international justice and conflict

• Academics and Students of International Law and Relations

• Military Officers and Peacekeeping Personnel

• Pre-assessment
• Live group instruction
• Use of real-world examples, case studies and exercises
• Interactive participation and discussion
• Power point presentation, LCD and flip chart
• Group activities and tests
• Each participant receives a binder containing a copy of the presentation
• slides and handouts
• Post-assessment

Day 1: Foundations of the International Criminal Court

• Morning Session: From Nuremberg to Rome: A Historical Journey

  • Predecessors: Nuremberg, Tokyo, and the Ad-Hoc Tribunals (ICTY, ICTR).

  • The Negotiation of the Rome Statute: Key Debates and Compromises.

  • The Principle of Complementarity: The ICC as a Court of Last Resort.

• Afternoon Session: The Rome Statute Architecture

  • The Organs of the Court: Judiciary, Presidency, OTP, Registry, ASP.

  • Understanding the Court’s Jurisdiction: Temporal, Territorial, and Personal.

  • Case Study: Analyze the legal arguments for and against the ICC’s jurisdiction in a specific situation.

Day 2: The Core International Crimes

• Morning Session: Genocide and Crimes Against Humanity

  • The Crime of Genocide: Specific Intent (Dolus Specialis) and Protected Groups.

  • Crimes Against Humanity: Widespread or Systematic Attack against a Civilian Population.

  • Key Acts: Murder, Enslavement, Deportation, Sexual Violence.

• Afternoon Session: War Crimes and the Crime of Aggression

  • War Crimes in International and Non-International Armed Conflicts.

  • The Crime of Aggression: Defining the “Supreme International Crime” and conditions for prosecution.

  • Workshop: Apply the legal elements to factual scenarios from recent conflicts to determine if a crime has been committed.

Day 3: The ICC in Motion: From Investigation to Trial

• Morning Session: Initiating Cases

  • Triggering Mechanisms: State Referral, UNSC Referral, and the Prosecutor’s Proprio Motu Power.

  • Preliminary Examinations: The Phased Analysis of Jurisdiction, Admissibility, and Interests of Justice.

  • Investigation Strategies and Issuing Arrest Warrants or Summonses to Appear.

• Afternoon Session: The Trial Process

  • Pre-Trial, Trial, and Appeals Chambers: Their Distinct Roles.

  • Rights of the Accused vs. Rights of Victims.

  • Evidence and Witness Protection in International Trials.

  • Simulation: Participate in a mock pre-trial chamber hearing to argue for or against the confirmation of charges.

Day 4: Victims, Reparations, and Cooperation

• Morning Session: The Unique Role of Victims

  • The Victim Participation Scheme: A Revolutionary Feature.

  • The Trust Fund for Victims and the System of Reparations.

  • Balancing Victim Inclusion with Fair Trial Rights.

• Afternoon Session: The Challenge of State Cooperation

  • The Obligation of States Parties to Arrest and Surrender Suspects.

  • Dealing with Non-Cooperation: From Diplomatic Appeals to UNSC Referral.

  • The Politics of Enforcement: Case studies of non-compliance.

Day 5: Critical Challenges and the Future of the ICC

• Morning Session: Assessing the Court’s Performance and Legitimacy

  • Critiques of the ICC: Bias, Afrocentrism, and Inefficiency.

  • The Relationship with Major Powers (US, China, Russia) and African Union.

  • The Impact of the ICC on Conflict Mediation and Peace Processes.

• Afternoon Session: Capstone and the Road Ahead

  • Capstone Exercise: In groups, develop a strategy for the Prosecutor’s Office regarding a hypothetical new situation, addressing jurisdiction, admissibility, investigation strategy, and political challenges.

  • Future Directions: Universal Ratification, Amendments, and the Evolving Nature of Conflict.

  • Final Debate: Is the ICC an indispensable instrument of justice or a flawed political body?

  • Course Recap and Conclusion.