Emekha Ikhe
Member
- Jul 14, 2021
- 52
- 84
THE LAWS AND CORE LEGAL TEXT GOVERNING INTERNATIONAL CRIMINAL COURT (ICC)
Alphonce Lusako (Adv)
Following the fact that, The International Criminal Court (ICC) has been asked to investigate alleged mass killings as part of grave Human Rights Violations during a crackdown on post-General election protests in Tanzania after 29th October 2025, Its very important for Lawyers at different levels, Undergraduate, Law School and post graduate to be conversant with different laws and core legal text which are used in administering justice at ICC
There are different laws governing the International Criminal Court; The Rome Statute, the treaty for the establishing ICC-Court, and its associated core legal texts to be discussed in details hereinafter, which include the Rules of Procedure and Evidence,the Elements of Crimes, and various Regulations. These documents was adopted in 1998 and have been updated over time, define the Court's structure, jurisdiction, and procedures for investigating and prosecuting international crimes whenever complaints have been brought before the Court.
Rome Statute of International Criminal Court (ICC)
The Rome Statute of the International Criminal Court is the international treaty that founded the Court. The structure of this statute is Comprising a Preamble and 13 Parts, it establishes the governing framework for the Court and was adopted at the Rome Conference on 17 July 1998, it entered into force on 1 July 2002, hence, the International Criminal Court is the creature of Rome Statute.
The Statute sets out the Court's jurisdiction over genocide, crimes against humanity, war crimes and as of an amendment in 2010, the crime of aggression. In addition to jurisdiction, it also addresses issues such as admissibility and applicable law, the composition and administration of the Court, investigations and prosecution, trials, penalties, appeal and revision, international cooperation and judicial assistance, and enforcement.
The Rules of Procedure and Evidence
As Tanzania Legal System has its own Criminal Procedure laws and Evidence Laws, same at ICC, The Rules of Procedure and evidence are an instrument for the application of the Rome Statute. Subordinate to the Statute, they provide for the composition and administration of the Court, setting out rules governing jurisdiction and admissibility, stages of proceedings and trial procedure, investigation and prosecution, penalties, appeal and revision, offences and misconduct against the Court, compensation, international cooperation and judicial assistance, and enforcement.
The Regulations of the Court
These regulations set out the framework necessary for the routine functioning of the Court. Subject to both the Statute and the Rules, they regulate aspects of the composition and administration of the Court, proceedings before the Court, counsel issues and legal assistance, victims participation and reparations, detention matters, cooperation and enforcement, removal from office and disciplinary measures
4.The Elements of Crimes
This is a very important legal text for establishing actus reus, The Element of crime law was adopted to assist the Court in interpreting and applying articles of the Statute, which mostly used to establish the crimes within the jurisdiction of the Court. In particular, they set out the jurisdictional, material and mental elements that must be present in order for a person to be held criminally responsible and liable for punishment for those crimes.
6. The Regulations of the Registry,
The Regulation of the Registry at International Criminal Court, is also a creature of the Rome Statute, the Rules and the Regulations of the Court, govern the operation of the Registry by providing for its organization and management. They set out how the Registry will perform its administrative duties regarding proceedings before the Court and how it will discharge its responsibilities regarding issues of legal representation and assistance, victims and witnesses, and detention matters.
7. The Code of Professional Conduct for counsel,
The code of conducts for counsel was adopted by the Assembly of States Parties, applies to defence counsel, counsel acting for states, amici curiae and counsel for victims and witnesses practising at the Court. It governs the conduct of counsel in their representation of clients and relations with the Court, other counsel, persons who are unrepresented or represented by other counsel, and victims and witnesses. It also establishes a disciplinary regime for misconduct.
8. Code of conduct for the Office of the Prosecutor
This code of conduct always, outlines the standards of conduct for the office of prosecutor who appear before the Court.
Alphonce Lusako (Adv)
Following the fact that, The International Criminal Court (ICC) has been asked to investigate alleged mass killings as part of grave Human Rights Violations during a crackdown on post-General election protests in Tanzania after 29th October 2025, Its very important for Lawyers at different levels, Undergraduate, Law School and post graduate to be conversant with different laws and core legal text which are used in administering justice at ICC
There are different laws governing the International Criminal Court; The Rome Statute, the treaty for the establishing ICC-Court, and its associated core legal texts to be discussed in details hereinafter, which include the Rules of Procedure and Evidence,the Elements of Crimes, and various Regulations. These documents was adopted in 1998 and have been updated over time, define the Court's structure, jurisdiction, and procedures for investigating and prosecuting international crimes whenever complaints have been brought before the Court.
Rome Statute of International Criminal Court (ICC)
The Rome Statute of the International Criminal Court is the international treaty that founded the Court. The structure of this statute is Comprising a Preamble and 13 Parts, it establishes the governing framework for the Court and was adopted at the Rome Conference on 17 July 1998, it entered into force on 1 July 2002, hence, the International Criminal Court is the creature of Rome Statute.
The Statute sets out the Court's jurisdiction over genocide, crimes against humanity, war crimes and as of an amendment in 2010, the crime of aggression. In addition to jurisdiction, it also addresses issues such as admissibility and applicable law, the composition and administration of the Court, investigations and prosecution, trials, penalties, appeal and revision, international cooperation and judicial assistance, and enforcement.
The Rules of Procedure and Evidence
As Tanzania Legal System has its own Criminal Procedure laws and Evidence Laws, same at ICC, The Rules of Procedure and evidence are an instrument for the application of the Rome Statute. Subordinate to the Statute, they provide for the composition and administration of the Court, setting out rules governing jurisdiction and admissibility, stages of proceedings and trial procedure, investigation and prosecution, penalties, appeal and revision, offences and misconduct against the Court, compensation, international cooperation and judicial assistance, and enforcement.
The Regulations of the Court
These regulations set out the framework necessary for the routine functioning of the Court. Subject to both the Statute and the Rules, they regulate aspects of the composition and administration of the Court, proceedings before the Court, counsel issues and legal assistance, victims participation and reparations, detention matters, cooperation and enforcement, removal from office and disciplinary measures
4.The Elements of Crimes
This is a very important legal text for establishing actus reus, The Element of crime law was adopted to assist the Court in interpreting and applying articles of the Statute, which mostly used to establish the crimes within the jurisdiction of the Court. In particular, they set out the jurisdictional, material and mental elements that must be present in order for a person to be held criminally responsible and liable for punishment for those crimes.
5. Regulations of the Office of the Prosecutor
The Regulations of the Office of the Prosecutor are subject to the Statute, the Rules and the Regulations of the Court were made to regulate all affairs of prosecutor office. They govern the operations of the Office of the Prosecutor in relation to its management and administration, providing for divisions and sections within the Office, and regulating the handling of information and evidence,preliminary examination and evaluation of information, investigations, proceedings before the Chambers and trials.6. The Regulations of the Registry,
The Regulation of the Registry at International Criminal Court, is also a creature of the Rome Statute, the Rules and the Regulations of the Court, govern the operation of the Registry by providing for its organization and management. They set out how the Registry will perform its administrative duties regarding proceedings before the Court and how it will discharge its responsibilities regarding issues of legal representation and assistance, victims and witnesses, and detention matters.
7. The Code of Professional Conduct for counsel,
The code of conducts for counsel was adopted by the Assembly of States Parties, applies to defence counsel, counsel acting for states, amici curiae and counsel for victims and witnesses practising at the Court. It governs the conduct of counsel in their representation of clients and relations with the Court, other counsel, persons who are unrepresented or represented by other counsel, and victims and witnesses. It also establishes a disciplinary regime for misconduct.
8. Code of conduct for the Office of the Prosecutor
This code of conduct always, outlines the standards of conduct for the office of prosecutor who appear before the Court.
Alphonce Lusako (Adv)
alusako@protonmail.com
alusako@protonmail.com
