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Armenia's President Signs Rome Statute amid Russian Concerns

  • 16 Oct 2023

Recently, Armenia's President defied Russian warnings and signed the Rome Statute, the treaty establishing and governing the International Criminal Court (ICC). This move comes amid growing tensions in Armenia-Russia relations.

Key Points

  • Armenian President's Decision: Armenian President signed the Rome Statute, acknowledging the International Criminal Court's jurisdiction over Armenia in a retroactive move.
  • Roots of Tension: Armenia's decision to join the ICC comes as its relationship with long-standing ally Russia deteriorates, primarily due to Armenian President displeasure with perceived Russian inaction during the conflict in Nagorno-Karabakh.
  • Background: Ethnic Armenians had maintained autonomy in Nagorno-Karabakh for nearly three decades until Azerbaijan launched a swift offensive in September, leading to the region's loss of control by Armenian fighters.
  • Russian Involvement: Russia had brokered a deal in 2020 to halt the fighting, with Russian peacekeepers deployed to the region. However, when hostilities resumed last month, Russian forces did not intervene.
  • Legal Implications: Countries that have ratified the Rome Statute theoretically have an obligation to arrest individuals indicted by the ICC, including Russian President should they set foot on their soil.
  • Russian Stance: Moscow does not recognize the ICC's jurisdiction, and it does not extradite its nationals. The indictment of Putin has further strained Russia's relations with the court.

International Criminal Court: Overview

The International Criminal Court (ICC) is an intergovernmental organization and international tribunal situated in The Hague, Netherlands.

  • Mandate: The ICC is the world's first and sole permanent international court with jurisdiction over individuals for international crimes, including genocide, crimes against humanity, war crimes, and the crime of aggression.
  • Territorial Jurisdiction: The ICC has limited territorial jurisdiction, allowing it to investigate and prosecute crimes within member states, crimes by nationals of member states, or crimes referred to the Court by the United Nations Security Council.
  • Commencement: The ICC commenced its operations in 2002, following the entry into force of the Rome Statute, a foundational multilateral treaty.
  • Seat and Proceedings: The ICC's official seat is in The Hague, Netherlands, but its proceedings may be held at various locations.

Key Features of ICC

  • Judicial Oversight: ICC judges preside over proceedings and ensure their fairness.
  • Office of the Prosecutor: An independent organ of the Court responsible for preliminary examinations, investigations, and case initiation.
  • Defendants' Rights: Defendants are entitled to public and fair trials in a language they understand.
  • Victims' Involvement: The Rome Statute provides victims with unprecedented rights to participate in ICC proceedings.
  • Protection Measures: The ICC maintains a victim and witness protection program employing operational and procedural safeguards.

Organizational Structure

  • The Presidency: Responsible for overseeing the Court's proper administration.
  • Judicial Divisions: Comprising 18 judges organized into three chambers, handling pre-trial, trial, and appeals functions.
  • Office of the Prosecutor (OTP): Conducts investigations and prosecutions.
  • The Registry: Manages non-judicial aspects of the Court's administration.

Jurisdiction

  • The Rome Statute grants the ICC jurisdiction over four core crimes: genocide, crimes against humanity, war crimes, and the crime of aggression.

Finance

  • The ICC is funded by contributions from states parties, with amounts determined based on capacity to pay, considering factors like national income and population.
  • The maximum contribution from a single country is capped at 22% of the Court's budget.

Referring Cases to the ICC

Various entities can refer cases to the ICC:

  • Any State Party to the Rome Statute, regardless of involvement in the alleged offense.
  • The ICC Prosecutor.
  • The United Nations Security Council.
  • The UN Security Council can request the ICC to defer case investigations if it believes the proceedings could obstruct its powers.

India and the International Criminal Court

  • India neither signed nor ratified the Rome Statute of the ICC.
  • India's primary objections to the Rome Statute include its subordination to the UN Security Council, the power to bind non-States Parties, and the broad competence and powers vested in an individual prosecutor.
  • India also expressed concerns about the lack of provisions for reservations or opt-outs and the non-inclusion of nuclear weapons and terrorism within the ICC's jurisdiction.