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Cooperation with International Criminal Court
 

Public International Law Department of the Ministry of Justice of Georgia is authorized for cooperation with International Criminal Court. For this purpose, Department receives the request of International Court for cooperation, takes necessary measures for fulfillment of request; coordinates activities of corresponding state bodies of Georgia for execution of requests; decides on the transfer of a person to the International Court; informs the International Court about the results of the execution of the request and etc.
 

Chronology of the International Criminal Court

1945 - Establishment of the International Military Tribunal known as the “Nuremberg Tribunal” by the “London Agreement” to try alleged Nazi war criminals.
1946 - The Allied Powers of World War II approved the Charter that established the International Military Tribunal for the Far East known as the “Tokyo Tribunal” to prosecute Japanese war criminals.
1947 - The United Nations Convention on the Prevention and Punishment of the Crime of Genocide was adopted. Article I of the Convention stated that genocide is "a crime under international law", and article VI indicated that persons charged with the offence of genocide "shall be tried by a competent tribunal of the State in the territory of which the act was committed or by such international penal tribunal as may have jurisdiction . . ." In the same resolution, the General Assembly invited the International Law Commission "to study the desirability and possibility of establishing an international judicial organ for the trial of persons charged with genocide . . ."
1949-1954 - The International Law Commission prepared several draft statutes for an ICC but differences of opinions forestalled further developments.
1989 - In response to a request by Trinidad and Tobago, the United Nations General Assembly requested the International Law Commission (ILC) to resume work on an international criminal court with jurisdiction to include drug trafficking.
1993 - The United Nations Security Council established the ad hoc International Criminal Tribunal for the Former Yugoslavia, to hold individuals accountable for the atrocities committed as a part of what was known “ethnic cleansing”.
1994 - The International Law Commission completed its work on the draft Statute for an International Criminal Court and submitted the draft statute to the UN General Assembly. To consider major substantive issues arising from that draft Statute, the General Assembly established the Ad Hoc Committee on the Establishment of an International Criminal Court.
17 July 1998 - Adoption of the Statute of the International Criminal Court at the United Nations Conference of Plenipotentiaries in Rome with the participation of representatives of 160 States, 33 Intergovernmental Organizations and a Coalition of 236 Non Governmental Organizations. 120 countries voted in favour, 7 against and 21 abstained. The ICC was established not as an organ of the United Nations but as an independent organization with an independent budget.
1 July 2002 - The Statute of Rome entered into force.
As of 1rst June 2008, 106 countries are States Parties to the Rome Statute of the International Criminal Court. Out of them 30 are African States, 13 are Asian States, 16 are from Eastern Europe, 22 are from Latin America and the Caribbean, and 25 are from Western Europe and other States (http://www.icc-cpi.int/statesparties.html).

Jurisdiction and Admissibility

The Court may exercise jurisdiction over genocide, crimes against humanity and war crimes. These crimes are defined in detail in the Rome Statute. In addition, a supplementary text of the “Elements of Crimes” provides a breakdown of the elements of each crime.
The Court has jurisdiction over individuals accused of these crimes. This includes those directly responsible for committing the crimes as well as others who may be liable for the crimes, for example by aiding, abetting or otherwise assisting in the commission of a crime. The latter group also includes military commanders or other superiors whose responsibility is defined in the Statute.
The Court does not have universal jurisdiction. The Court may only exercise jurisdiction if:
• The accused is a national of a State Party or a State otherwise accepting the jurisdiction of the Court;
• The crime took place on the territory of a State Party or a State otherwise accepting the jurisdiction of the Court; or
• The United Nations Security Council has referred the situation to the Prosecutor, irrespective of the nationality of the accused or the location of the crime.
The Court’s jurisdiction is further limited to events taking place since 1 July 2002. In addition, if a State joins the Court after 1 July 2002, the Court only has jurisdiction after the Statute entered into force for that State. Such a State may nonetheless accept the jurisdiction of the Court for the period before the Statute’s entry into force. However, in no case can the Court exercise jurisdiction over events before 1 July 2002.
Even where the Court has jurisdiction, it will not necessarily act. The principle of “complementarity” provides that certain cases will be inadmissible even though the Court has jurisdiction. In general, a case will be inadmissible if it has been or is being investigated or prosecuted by a State with jurisdiction. However, a case may be admissible if the investigating or prosecuting State is unwilling or unable to genuinely to carry out the investigation or prosecution. For example, a case would be admissible if national proceedings were undertaken for the purpose of shielding the person from criminal responsibility. In addition, a case will be inadmissible if it is not of sufficient gravity to justify further action by the Court.
The parliament of Georgia ratified the Statute of Rome on 16 July, 2003.
 

Relevant Legislation in this field:
 

1. The Statute of Rome;
2. Law of Georgia “On the Cooperation of Georgia with the International Criminal Court”;
3. Relevant provisions of the Criminal Code and Criminal Procedure Code of Georgia.

Contact information:
Ministry of Justice of Georgia
Public International Law Department
Address: 24 Gorgasali str. 0133, Tbilisi, Georgia
Tel./Fax: +995 32 405160

E-mail: Intlawdep@justice.gov.ge
www.justice.gov.ge

Contact persons:
Shalva Kvinikhidze, Head of the Department
Tel./Fax: +99532-405140
e-mail: skvinikhidze@justice.gov.ge

David Javakhadze, Legal Adviser
Tel./Fax: +995 32 405160
e-mail: d_javakhadze@justice.gov.ge