What you need to know about the role and operations of the ICC

Following the controversy surrounding Sudanese President, The International Criminal Court (ICC) has been criticized for allegedly only opening investigations in Africa.

Omar al-Bashir, Sudan’s leader indicted by the ICC, managed to leave South Africa despite a high court order banning him from leaving the country. Al-Bashir, who is wanted by the ICC for genocide and crimes against humanity in Darfur, arrived in South Africa in June 2015 to attend the African Union summit.

To get more insight on the mandate of the ICC, CapeTalks/ 702’s Redi Tlhabi spoke to Fadi El Abdallah, ICC Spokesperson:

The International Criminal Court (ICC) is an independent and permanent court. Its mandate is to fight the impunity for the highest responsible for war crimes, crimes against humanity, genocide whenever the ICC has the jurisdiction because there are specific rules about where the ICC can intervene. It is created by an international treaty that means that primarily there is a jurisdiction covers only the states that decided to join the ICC. This means that the court can investigate and prosecute about the crimes that are committed yon the territory of state that are party or by the citizens of that state.

Fadi El Abdallah, ICC Spokesperson

According to El Abdallah, there is another way of jurisdiction which is an exception and that is when the Security Council put an obligation on the state that is not party to the ICC to cooperate with the court, which was the situation in Sudan with regards to Darfur as well as the situation in Libya.

El Abdallah also said that the ICC is working in complementarity with the national justice of the country in inquiry. If those responsible for war crimes and genocides are prosecuted nationally then the ICC will not intervene but if there’s is no judiciary mechanism on the national level, that’s where the ICC gets involved.

According To El Abdallah, the ICC currently has nine investigations from eight countries; out of this nine only two were at the request of the Security Council and five were at the request of the African government. In Kenya the prosecutor opened the investigations on her own initiative based on the political agreement in that country. This was on the condition that if they fail to prosecute then the ICC will intervene.

With regards to Sudan, El Abdallah says that legally, the ICC has the jurisdiction over Darfur because of the Security Council referral. And the point that Sudanese is not a signatory of the ICC does not exempt Sudan from the mandate of the ICC.

Here are some of the twitter responses to the topic:

Listen to the full conversation on The Redi Tlhabi Show:

Read More
Vodacom customers weigh in on disappearing data

Vodacom customers weigh in on disappearing data

Listeners share their thoughts and frustrations on Vodacom's mishap that caused their data to vanish overnight.

Drug-testing may help tackle school violence, says Gauteng education

Drug-testing may help tackle school violence, says Gauteng education

The department's Steve Mabona says drug-testing from Grade 8 may help curb the prevalent problem of substance abuse among pupils.

60% of children in SA under 10 don’t live with their biological fathers - study

60% of children in SA under 10 don’t live with their biological fathers - study

Kabelo Chabalala Founder of the Young Men Movement (YMM) spoke with Gugu Mhlungu about the rates of fatherhood in South Africa.

Does it still take a village to raise a child?

Does it still take a village to raise a child?

Relationship coach Stephanie Dawson-Cosser examines whether people are still concerned with helping children within a community.

Why we couldn’t prosecute Grace Mugabe

Why we couldn’t prosecute Grace Mugabe

International criminal law expert Ottilia Maunganidza, explains why Grace Mugabe was granted diplomatic immunity.

David Labkovski Project: teaching the Holocaust through art

David Labkovski Project: teaching the Holocaust through art

Educator, Leora Raikin, shares how the art of a Siberian prison camp survivor during the Holocaust is used as a teaching tool.

Popular articles
5 reasons why South Africa granted Grace Mugabe diplomatic immunity

5 reasons why South Africa granted Grace Mugabe diplomatic immunity

 Simon Allison, Africa Editor at the Mail & Guardian explains the political considerations behind Mugabe's diplomatic immunity.

"ANN7 and  New Age sale is effectively a transaction between  Manyi and Guptas"

"ANN7 and New Age sale is effectively a transaction between Manyi and Guptas"

Phillip de Wet, Associate Editor at Mail & Guardian breaks down the sale of Gupta owned ANN7 TV Station and The New Age paper.

This is incredibly embarrassing for both countries - SAIIA Head of Governance

This is incredibly embarrassing for both countries - SAIIA Head of Governance

On Saturday international relations minister Maite Nkoane-Mashabane granted diplomatic immunity to Grace Mugabe.

Read and weep: 10 of the most expensive houses in South Africa

Read and weep: 10 of the most expensive houses in South Africa

These super luxury houses with enormous price tags will induce some serious house envy.

44 drivers arrested for drunk driving in WC traffic blitz

44 drivers arrested for drunk driving in WC traffic blitz

Western Cape provincial traffic chief, Kenny Africa gives traffic updates of what he described as a very hectic weekend in the WC.

Grace Mugabe immunity: SA between ‘rock & hard place’

Grace Mugabe immunity: SA between ‘rock & hard place’

Professor Christopher Landsberg has praised the International Relations and Cooperation Minister for her 'honest approach'.

[Watch] John Maytham shuts down victim shamer on air

[Watch] John Maytham shuts down victim shamer on air

A caller wanted to know what the alleged victim had done in order for Grace Mugabe to assault her.

Meet Bonang Mohale, BLSA's outspoken (‘don’t blame colonialism’) Chairperson

Meet Bonang Mohale, BLSA's outspoken (‘don’t blame colonialism’) Chairperson

The Money Show’s Bruce Whitfield interviews Business Leadership South Africa’s Mohale for his weekly “ShapeShifter” feature.