Prosecutor of the International Criminal Court | |
---|---|
Office of the Prosecutor | |
Appointer | Assembly of States Parties |
Term length | 9 years |
Constituting instrument | Rome Statute |
Inaugural holder | Luis Moreno Ocampo |
Formation | 21 April 2003 [1] |
Deputy | Deputy Prosecutor of the International Criminal Court |
Website | icc-cpi.int/about/otp |
The prosecutor of the International Criminal Court is the officer of the International Criminal Court whose duties include the investigation and prosecution of the crimes under the jurisdiction of the International Criminal Court, namely genocide, crimes against humanity and war crimes as well as the crime of aggression. The Prosecutor heads the Office of the Prosecutor (OTP).
The current prosecutor is Karim Ahmad Khan, who was elected on 12 February 2021 and took office on 16 June 2021. His predecessor was Fatou Bensouda, who served from 16 June 2012 until 15 June 2021.
Name | Portrait | Country | Elected | Term commenced | Term end |
---|---|---|---|---|---|
Luis Moreno Ocampo | Argentina | 21 April 2003 | 16 June 2003 | 15 June 2012 | |
Fatou Bensouda | Gambia | 12 December 2011 | 16 June 2012 | 15 June 2021 | |
Karim Ahmad Khan | United Kingdom | 12 February 2021 | 16 June 2021 | 15 June 2030 |
The first election of the prosecutor took place on 21 April 2003, during the second resumption of the first session of the Assembly of States Parties in New York. [1] The only official candidate was Luis Moreno Ocampo. Moreno Ocampo was elected with 78 votes with no votes against and no abstentions. Nine states parties did not vote.
The second election of the prosecutor took place during the tenth session of the Assembly of States Parties in New York on 12 December 2011. A Search Committee was established which received 52 communications regarding a new prosecutor. In the end, the states parties achieved consensus to elect the then-deputy prosecutor, Fatou Bensouda, as the new prosecutor. [2] She was elected by acclamation.
The third election of the prosecutor took place during the second resumed nineteenth session of the Assembly of States Parties in New York on 12 February 2021. In its first ballot, Karim Ahmad Khan received 59 votes, Fergal Gaynor (Ireland) 47, Carlos Castresana Fernández (Spain) 12, and Francesco Lo Voi (Italy) 5. In its second ballot, Karim Khan was elected with 72 votes, surpassing the majority requirement of 62. Fergal Gaynor received 42 votes, Carlos Castresana Fernández 5, and Francesco Lo Voi 3. [3] [4]
The International Criminal Court is an intergovernmental organization and international tribunal seated in The Hague, Netherlands. It is the first and only permanent international court with jurisdiction to prosecute individuals for the international crimes of genocide, crimes against humanity, war crimes, and the crime of aggression. The ICC is distinct from the International Court of Justice, an organ of the United Nations that hears disputes between states.
A preliminary examination of possible war crimes committed by United Kingdom (UK) military forces during the invasion of Iraq in March 2003 was started by the ICC in 2005 and closed in 2006. The preliminary examination was reopened in 2014 in the light of new evidence.
The International Criminal Court has opened investigations in Afghanistan, the Central African Republic, Côte d'Ivoire, Darfur in Sudan, the Democratic Republic of the Congo, Kenya, Libya, Uganda, Bangladesh/Myanmar, Palestine, the Philippines, and Venezuela. Additionally, the Office of the Prosecutor conducted preliminary examinations in situations in Bolivia, Colombia, Guinea, Iraq / the United Kingdom, Nigeria, Georgia, Honduras, South Korea, Ukraine and Venezuela. Preliminary investigations were closed in Gabon; Honduras; registered vessels of Comoros, Greece, and Cambodia; South Korea; and Colombia on events since 1 July 2002.
The states parties to the Rome Statute of the International Criminal Court are those sovereign states that have ratified, or have otherwise become party to, the Rome Statute. The Rome Statute is the treaty that established the International Criminal Court, an international court that has jurisdiction over certain international crimes, including genocide, crimes against humanity, and war crimes that are committed by nationals of states parties or within the territory of states parties. States parties are legally obligated to co-operate with the Court when it requires, such as in arresting and transferring indicted persons or providing access to evidence and witnesses. States parties are entitled to participate and vote in proceedings of the Assembly of States Parties, which is the Court's governing body. Such proceedings include the election of such officials as judges and the Prosecutor, the approval of the Court's budget, and the adoption of amendments to the Rome Statute.
Karim Asad Ahmad Khan is a British lawyer specialising in international criminal law and international human rights law, who has served as Prosecutor of the International Criminal Court since 2021.
Fatou Bom Bensouda is a Gambian lawyer and former Prosecutor of the International Criminal Court (ICC), who has served as the Gambian High Commissioner to the United Kingdom since 3 August 2022.
Luis Moreno Ocampo is an Argentine lawyer who served as the first prosecutor of the International Criminal Court (ICC) from 2003 to 2012. Previously, he had played a major role in Argentina's democratic transition (1983–1991).
The International Criminal Court investigation in Kenya or the situation in the Republic of Kenya was an investigation by the International Criminal Court (ICC) into the responsibility for the 2007–2008 post-election violence in Kenya. The 2007–2008 crisis followed the presidential election that was held on 27 December 2007. The Electoral Commission of Kenya officially declared that the incumbent President Mwai Kibaki was re-elected however supporters of the opposition candidate Raila Odinga accused the government of electoral fraud and rejected the results. A series of protests and demonstrations followed, and fighting—mainly along tribal lines—led to an estimated 1,200 deaths and more than 500,000 people becoming internally displaced.
The International Criminal Court investigation in Darfur or the situation in Darfur is an ongoing investigation by the International Criminal Court (ICC) into criminal acts committed during the War in Darfur. Although Sudan is not a state party to the Rome Statute, the treaty which created the ICC, the situation in Darfur was referred to the ICC's Prosecutor by the United Nations Security Council in 2005. As of June 2019, five suspects remained under indictment by the court: Ahmed Haroun, Ali Kushayb, Omar al-Bashir, Abdallah Banda and Abdel Rahim Mohammed Hussein. Charges against Bahar Abu Garda were dropped on the basis of insufficient evidence in 2010 and those against Saleh Jerbo were dropped following his death in 2013. In mid-April 2019, Haroun, al-Bashir and Hussein were imprisoned in Sudan as a result of the 2019 Sudanese coup d'état. In early November 2019, the Forces of Freedom and Change (FFC) and Sudanese Prime Minister Abdalla Hamdok stated that al-Bashir would be transferred to the ICC. One of the demands of the displaced people of Darfur visited by Hamdok prior to Hamdok's statement was that "Omar Al Bashir and the other wanted persons" had to be surrendered to the ICC.
Silvia Alejandra Fernández de Gurmendi is an Argentine lawyer, diplomat and judge. She was a judge at the International Criminal Court (ICC) from 18 November 2009 to 10 March 2018 and was the first woman President of the ICC from March 2015 to March 2018. In 2020 she was elected to serve as President of the Assembly of States Parties to Rome Statute of the International Criminal Court for the twentieth to twenty-second sessions (2021-2023).
An ordinary election for six judges of the International Criminal Court was held during the resumption of the 4th session of the Assembly of States Parties to the Rome Statute of the International Criminal Court in New York on 26 January 2006.
James Kirkpatrick Stewart is a Canadian lawyer with over thirty years of experience as Crown counsel handling criminal trials and appeals for the prosecution, including more than eight years working with the United Nations in international criminal law prosecutions as a trial and appellate counsel and legal manager. Stewart was nominated by Fatou Bensouda, Prosecutor for the International Criminal Court (ICC) in The Hague, as one of three candidates for election to the post of ICC Deputy Prosecutor (Prosecution). He was duly elected by the Assembly of States Parties on 16 November 2012 for a period of nine years. Mr Stewart was sworn in on 8 March 2013 and as Deputy Prosecutor of the ICC, he will report directly to the Prosecutor.
A special election for one judge of the International Criminal Court was held during the resumption of the 13th session of the Assembly of States Parties to the Rome Statute of the International Criminal Court which took place in The Hague from 24 to 25 June 2015.
The International Criminal Court investigation in Afghanistan or the Situation in Afghanistan is an ongoing investigation by the International Criminal Court (ICC) into war crimes and crimes against humanity that are alleged to have occurred during the war in Afghanistan since 1 May 2003, or in the case of United States Armed Forces and the CIA, war crimes committed in Afghanistan, Poland, Romania or Lithuania. On 5 March 2020, the investigation was authorised to officially begin.
The International Criminal Court investigation in Libya or the Situation in Libya is an investigation started in March 2011 by the International Criminal Court (ICC) into war crimes and crimes against humanity claimed to have occurred in Libya since 15 February 2011. The initial context of the investigation was the 2011 Libyan Civil War and the time frame of the investigation continued to include the 2019 Western Libya offensive.
An investigation by the International Criminal Court (ICC) to analyze possible crimes against humanity committed in Venezuela was opened in 2021. A preliminary examination was initially opened in 2006, and closed after concluding that the requirements to start an investigation had not been met. In February 2018, the ICC announced that it would open preliminary probes into alleged crimes against humanity performed by Venezuelan authorities since at least April 2017. In 2020, the Office of the Prosecutor of the ICC stated that it believed there was a "reasonable basis" to believe that "since at least April 2017, civilian authorities, members of the armed forces and pro-government individuals have committed the crimes against humanity", and on 2021 ICC Prosecutor Karim Khan announced the opening of an investigation regarding the situation in the country.
The Prosecutor of the International Criminal Court (ICC), Fatou Bensouda, on 20 December 2019 announced an investigation into war crimes allegedly committed in Palestine by members of the Israeli military and Hamas and other Palestinian armed groups since 13 June 2014.
The International Criminal Court investigation in Ukraine or the Situation in Ukraine is an ongoing investigation by the Prosecutor of the International Criminal Court (ICC) into "any past and present allegations of war crimes, crimes against humanity or genocide committed on any part of the territory of Ukraine by any person" during the period starting "from 21 November 2013 onwards", on an "open-ended basis", covering the Revolution of Dignity, the Russo-Ukrainian War including the 2014 annexation of Crimea by Russia, the war in Donbas and the Russian invasion of Ukraine. The ICC prosecutor commenced these investigations on 2 March 2022, after receiving referrals for the situation in Ukraine from 39 ICC State Parties.
The International Criminal Court opened a proprio motu investigation in the Situation in Georgia on 27 January 2016 to look into war crimes and crimes against humanity that may have occurred in and around South Ossetia in the context of an international armed conflict between Georgia and Russia between 1 July and 10 October 2008. The investigation phase was announced to have been completed on 16 December 2022. In the course of it, the three high-ranking officials in the Russian-backed South Ossetian government — remaining at large as of the time of the announcement — were subjected to arrest warrants for crimes committed against Georgian civilians. The fourth suspect, a senior Russian general, was not indicted as he had died in 2021.
Comoros–Palestine relations refer to foreign relations between the Comoros and the State of Palestine.