The International Criminal Court ( Icc )

1608 WordsMar 2, 20167 Pages
Introduction:- The international criminal court (ICC) is an unalike international organization, as it deals with individuals of the state parties and non state parties both. The Court among its wide prospects prosecutes individuals, accepts communications and complaints from them, and also allows for an independent official to initiate prosecution. But, independent officials in international organizations always have a controversial position given the fact that they have autonomy and authority to act independently creating a probable threat to the national sovereignty of the member nations. In addition, here the statute also had the proposal to keep the court under the purview of a political institution (Security Council) which was also contradictory to the real purpose for which it was constituted. Assessing all these threats, some major nations like India, China, and U.S. abstained in the vote adopting the statute, and thus made a substantial base for the debate at the Rome conference. In the first draft of the Rome Statute, drafted by the International Law Commission (ILC) in 2004, a prosecutor was not authorized to begin an investigation without either a complaint from the member nation or a United Nations Security Council recommendation because there was a substantive probability that an independent prosecutor could be a political pawn or a reason to insignificant cases. However, in front of the preparatory committee there were voices which wanted the prosecutor to
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