International Criminal Court
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12. Who can be prosecuted before the ICC?
The
ICC prosecutes individuals, not groups or States. Any individual who is
alleged to have committed crimes within the jurisdiction of the ICC may be
brought before the ICC. In fact, the Office of the Prosecutor’s
prosecutorial policy
is to focus on those who, having regard to the evidence gathered,
bear the greatest
responsibility for the crimes, and does not take into account any official position
that may be held by the alleged perpetrators.
13. If those who bear the greatest responsibility hold high political or military
office, are they not exempt from prosecution? Can they not be granted
immunity or amnesty?
No one is exempt from prosecution because of his or her current functions or
because of the position he or she held at the time
the crimes concerned were
committed.
Acting as a Head of State or Government, minister or parliamentarian does not
exempt anyone from criminal responsibility before the ICC.
In some circumstances, a person in a position of
authority may even be held
responsible for crimes committed by those acting under his or her command or
orders.
Likewise, amnesty cannot be used as a defence before the ICC. As such, it cannot
bar the Court from exercising its jurisdiction.
14. If the ICC issues an arrest warrant against a current or former head of
state, is it for political reasons?
No. The ICC is a judicial institution with an exclusively judicial mandate. It is not
subject to political control. As an independent court, its decisions
are based on legal
criteria and rendered by impartial judges in accordance with the provisions of its
founding treaty, the Rome Statute, and other legal
texts governing the work of
the Court.
The Prosecutor’s policy is to focus on those who
bear the greatest responsibility for the crimes.
The Office of the Prosecutor does not take into
account any official position
that may be held by
the alleged perpetrators.
