Question

International Criminal Court is based on

• A. Rio Conference
• B. Rome Statute of the International Criminal Court.
• C. Part of U.N. Charter
• D. Yugoslavakia Statute of the International Criminal Court

Hint:

It is very important to distinguish between the International Court of Justice (ICJ) and the International Criminal Court (ICC). The ICJ (or World Court) settles disputes between states and is a UN organ. The ICC prosecutes individuals for heinous international crimes and was established by the Rome Statute.

Answer 1

The Correct Option is B

Step 1: Understanding the Concept:
The question asks for the founding treaty or legal instrument that established the International Criminal Court (ICC).
Step 2: Detailed Explanation:
The International Criminal Court (ICC) is an intergovernmental organization and international tribunal that sits in The Hague, Netherlands. The ICC has jurisdiction to prosecute individuals for the international crimes of genocide, crimes against humanity, war crimes, and the crime of aggression.
The ICC was established by a treaty called the Rome Statute of the International Criminal Court. The statute was adopted at a diplomatic conference in Rome, Italy on 17 July 1998 and it entered into force on 1 July 2002. This statute is the court's founding legal document, outlining its jurisdiction, structure, and functions.
- The ICC is not part of the United Nations system, unlike the International Court of Justice (ICJ), which is a UN organ established by the UN Charter. The ICC has a cooperation agreement with the UN.
- The Rio Conference was on environment and development.
- The statute for the International Criminal Tribunal for the former Yugoslavia was specific to that ad hoc tribunal.
Step 3: Final Answer:
The International Criminal Court is based on the Rome Statute of the International Criminal Court.

Answer 2

The question asks for the legal instrument on which the International Criminal Court is based. Let us examine each option.

1. Rio Conference: The Rio Conference of 1992 was a major international gathering on environment and sustainable development, producing instruments like the Rio Declaration, and has no connection to establishing a criminal court.
2. Rome Statute of the International Criminal Court: The ICC was created by this treaty, adopted at a diplomatic conference in Rome in 1998 and entering into force in 2002. The statute sets out the Court's jurisdiction over genocide, crimes against humanity, war crimes, and the crime of aggression, along with its structure and procedures. This is precisely the founding instrument of the ICC.
3. Part of U.N. Charter: The ICC is a treaty-based body independent of the United Nations Charter; it is the International Court of Justice, not the ICC, that is established as a principal organ under the UN Charter. The ICC instead has a separate cooperation agreement with the UN.
4. Yugoslavakia Statute of the International Criminal Court: The statute for the International Criminal Tribunal for the former Yugoslavia was a distinct, ad hoc instrument created for prosecuting crimes from that specific conflict, and it is not the founding document of the permanent ICC.

Since the ICC's jurisdiction, structure, and functions all derive from the treaty adopted in Rome in 1998, the correct answer is Rome Statute of the International Criminal Court.