India. A land of diversity, and different cultures, and unique lifestyles. A place where everyone is different, and knows the world differently.
And yet, we are not divided.
Diverse, but unified. Contrasting cultures, in harmony. Unique, but toget...
Injustice anywhere is a threat to justice everywhere. - Martin Luther King Junior.
July 17, of every year, is observed as International Justice Day. It commemorates the adoption of Goddess Justicia, the Lady Justice on July 17, 1998. Each one of us is aware of the blindfolded lady with a balance and a sword held in her hands to signify that justice should neither be prejudiced nor be presumptive. But how many of us know about the International Criminal Court, an organization established in The Hague, Netherlands after a treaty signed by 139 countries which were later ratified by 80 states?
This day marks the adoption of the International Criminal Court (ICC) treaty signed in Kampala, in Uganda on 1st July 2001. Later on, the Assembly of State parties decided on 17th July to be celebrated as a Day of International Criminal Justice.
This day marks the importance of fighting against the impunity of war crimes, genocide and crimes against humanity to bring justice to the victims to uphold security, peace and harmony of life all over the world.
On this day every state that is committed to justice around the world must ensure its continued support for the collective international justice system. It is a crucial role for the civil society members living in the states to assure that the states function according to their obligation.
What is the International Criminal Court? It is an independent international judicial institution that is capable of trying the individuals accused of the most critical violations including genocide, war crimes, crimes of aggression and crimes against human rights and humanitarian codes.
When can the International Criminal Court step in? Every country has their own National Courts to supervise and secure the law and order of its people. But when a country couldn't arrive at a decision or is unwilling or couldn't to conduct a further investigation or prosecution on a specific concern therein steps the role of the International Criminal Court.
What constitutes the International Criminal Court? The ICC has four principal organs: Presidency, Juridical Division, Office of the Prosecutor and the registry.
The President is the head judge elected by their peers and leads the team of officers and judges. The prosecutors screen the case before it gets placed into the court. The judicial division here's the case before the court. The registry manages the administrative functions.
What happens between the walls? The prosecutor conducts a preliminary examination and investigations and they are the ones who can bring in the cases. They check and validate the cases and charge them before the court. The prosecutor's office does function by joining hands but it is an independent organ of the court.
Once the cases are presented, the defence proceedings occur upholding equality and the voices of their sides are heard without any partiality. Yet again the Council for Defence is an independent body and doesn't include ICC staff. The defenders have the following eight rights.
# Right to be informed of the charges. # Right to have adequate time and facilities to prepare. # Right to be tried without undue delay. # Right to be able to follow the proceedings in a language the defender can completely understand. This right allows a translator or interpreter to be present for them during the trials. # Right to freely choose a lawyer. # Right to examine the witnesses and present evidence with no right on any grounds to be compelled to testify nor confess their guilt. # Right to remain silent. # Right to receive evidence from the Prosecutor to show innocence or to mitigate the accused guilt.
As the defender presents the case, the voice of the victim and witnesses are heard. The court ensures the confidentiality of the victims and witnesses. The ICC has a victim and witness protection programme that offers operational and procedural measures.
As for the witnesses, the court accepts factual or direct witnesses, expert witnesses like forensic and ballistic experts; and overview witnesses like NGOs and professors, who can offer help to establish facts about the context in which the conflict occurred. The court allows incidental and attendance allowances for the witnesses along with secured staying help and support throughout the trial.
The trial occurs in the outreach of two-way dialogue within the community that suffered under the court's jurisdiction to gain leadership over the process. People who are affected the most have the right to understand, participate and have a sense of ownership of the judicial process. The court also engages with local media as well as academic and legal communities. Based on the deliberations and presentations of justice the verdict is given.
Who are the judges of the International Criminal Court? There are not three nor ten but eighteen judges elected by the Assembly of State Parties to serve a non-renewable tenure of nine years. They have every right of a judge and elect themselves a President and two Vice Presidents to lead the court.
The court has three jurisdiction divisions to hear the proceedings. They are Pre-trial, Trial and Appeals.
Accordingly, the three Pre-Trial judges issue arrest warrants and summons appeals, preserve and protect evidence and witnesses. Authorise and review Prosecutors and decide on challenges to jurisdiction or admissibility of the case.
The three appeal judges have the power to decide if there is enough evidence to prove beyond a reasonable doubt of the accused crime. They order reparation and sentence the guilty and issue the verdict for appeal.
The five appeal judges handle the appeals filed by the appealing parties. They confirm after revising or amending the decisions or sentences of the guilt or innocence to give the final verdict. They have the right to hear for interim release dates and interlocutory matters.
How do people write to the International Criminal Court? They can drop posts, emails, and faxes to the office of the Prosecutors for the initial investigations. The languages preferred are: English, French, Russian, Spanish, Chinese and Arabic. However, the other language submissions may be attempted for an informal translation.
Postal Address: International Criminal Court Office of the Prosecutor Communications Post Office Box 19519 2500 CM The Hague The Netherlands
Email:otp.informationdesk@icc-cpi.int
Fax: +31 70 515 8555
With this information and facts, I hope the rallies of the celebrating community would be less foreign to everyone. May this day's gleams of justice invade and keep its shine over the peak of humanity. After all, every life does matter. #justice_is_for_all.
True peace isn't merely the absence of war, it is the presence of justice. Jane Addams
