International Organisations Lecture 10 – UN Judicial Bodies – UPSC Exam

Table of Contents

ICC

The International Criminal Court (ICC) investigates and, where warranted, tries individuals charged with the gravest crimes of concern to the international community
1. Genocide
2. War crimes
3. Crimes against humanity
4. Crime of aggression

Rome Statute
1. Rome Statute is a multilateral treaty that established the International Criminal Court (ICC).
2. It was adopted at a diplomatic conference in Rome, Italy in 1998 and it entered into force on 1 July 2002 after 60 nations ratified it.
3. The Rome Statute established four core international crimes: genocide, crimes against humanity, war crimes, and the crime of aggression.

Assembly of State Parties
1. In accordance with article 112 of the Rome Statute, the Assembly of States Parties meets at the seat of Court in The Hague or at the UN Headquarters in New York once a year and, when circumstances so require, may hold special sessions.
2. Each State Party has one representative in the Assembly who may be accompanied by alternatives and advisers. At its annual sessions, the Assembly considers a number of issues, including the budget of the Court, the status of contributions and the audit reports.
3. The Assembly is further tasked with election of, inter alia, the Judges, the Prosecutor and Deputy Prosecutors. The Assembly may also decide, by secret ballot, on the removal from office of a Judge, the Prosecutor or Deputy Prosecutors.

ICC has four principal organs
- Presidency
- Judicial Divisions
- Office of the Prosecutor
- The Registry

ICC Facts:
1. There are 123 ICC member states of ICC. 42 states have neither signed nor become parties to the Rome Statute. Malaysia is the latest member to join.
2. When a case is referred to the ICC by the UN Security Council all UN member states are obliged to cooperate, since its decisions are binding for all of them.
3. Burundi has become the first country to officially quit the International Criminal Court (ICC) in 2017. Philippines has also quit Rome statute.
4. Signatories but not ratified: Bahrain, Israel, Kuwait, Russia, Sudan, Thailand, Ukraine, USA
5. Non Signatories : China, India, Indonesia, Iraq, Lebanon, Malaysia, Nepal, Pakistan, South Sudan

Performance of ICC
- A total of 46 individuals have been indicted in the ICC, including

International Military Tribunal (IMT) tried 21 of the most important surviving leaders of Nazi Germany in the political, military, and economic spheres, as well as 6 German organizations.
IMT was setup in 1945 through Charter of the International Military Tribunal.
After the Nuremberg trials, the IMT is defunct body.

Permanent Court of Arbitration (PCA) is a non-UN intergovernmental organization located in The Hague, Netherlands.
PCA is the oldest institution for international dispute resolutions. It was established in 1899 by the first Hague Peace Conference.
PCA provides services of arbitral tribunal to resolve disputes that arise out of international agreements between member states, international organizations or private parties.
The cases span a range of legal issues involving territorial and maritime boundaries, sovereignty, human rights, international investment, and international and regional trade.

PCA Facts:
1. PCA is not a court.
2. PCA has no sitting judges.
3. PCA has arbitrators appointed as per UNCITRAL arbitration rules.
4. PCA is not a UN agency but has observer status in the UN General Assembly.
5. PCA rulings binding on parties but the tribunal has no powers for enforcement.

United Nations Commission on International Trade Law (UNCITRAL) is a subsidiary body of the U.N. General Assembly (UNGA) responsible for helping to facilitate international trade and investment.
It was established by the UNGA in 1966, to promote the progressive harmonization and unification of international trade law through conventions, model laws, and other instruments.
Headquarters: Vienna, Austria

UNCITRAL comprises of 60 member States elected by the United Nations General Assembly for a term of six years. Membership is structured to ensure representation of the world’s various geographic regions and its principal economic and legal systems. India is currently a member from Asia.
UNCITRAL provides a legislative framework that can be adopted by countries with modifications to suit the domestic context of the enacting jurisdiction.
UNCITRAL has created more than 50 conventions, model laws, rules & legislative texts.

International Court of Arbitration is an institution for the resolution of international commercial disputes since 1923.
ICA operates under the auspices of the International Chamber of Commerce (ICC). ICC has three main activities – Rule setting, dispute resolution, and policy advocacy for international trade.
ICA consists of more than 100 arbitrators from around 90 countries. ICA simply provides “judicial supervision of arbitration proceedings”.
Headquarters :Paris, France (ICA & ICC both)

Court of Arbitration for Sport is an international body established in 1984 to settle disputes related to sport through arbitration.
CAS basically facilitates the settlement of sports-related disputes through arbitration or mediation by means of procedural rules adapted to the specific needs of the sports world.
Headquarters: Lausanne, Switzerland
CAS temporary courts are also established in Olympic host cities.
The CAS has nearly 300 arbitrators from 87 countries, chosen for their specialist knowledge of arbitration and sports law.

World Anti-Doping Agency is a foundation initiated by the International Olympic Committee.
WADA aims to promote, coordinate, and monitor the fight against drugs in sports.
WADA’s key activities include scientific research, education, development of anti-doping capacities, and monitoring of the World Anti-Doping Code, whose provisions are enforced by the UNESCO International Convention Against Doping in Sport.
Headquarters: Montreal, Canada