Judge Antoine Kesia-Mbe Mindua
Second Vice-President of theInternational Criminal Court (ICC)“Role of the International Criminal Court in providing
accountability for the gravest crimes under internationallaw, especially crimes against children”
Annual Public Lecture of UNAFEITokyo, 27 January 2023
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International Criminal Court© ICC-CPI
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ICC-UNAFEI Agreement
On 21 October 2022, ICC
and UNAFEI concluded
an agreement to enhancecooperation andencourage the exchangeof knowledge, experienceand expertise between
the two institutions.

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Founding treaty of the ICC• Rome Statute of the International
Criminal Court• Adopted 17 July 1998
• Entered into force 1 July 2002
• Created ICC as a permanent institution© ICC-CPI
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ICC’s activities• ICC has opened investigations in 16 different
countries, on 4 continents• A total of 31 cases involving 51 suspects or
accused have been brought before the Court© ICC-CPI
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ICC’s States Parties• 123 States have joined the Rome Statute• Obligation to cooperate fully with ICC
and to participate in funding the Court• Japan joined the Rome Statute in 2007
• Asian countries underrepresented in theICC system© ICC-CPI
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Judges of the ICC• 18 judges all come from different States
Parties to the Rome Statute• Elected for one term of 9 years• Expertise in criminal law & procedure
and/or international law• Regional and gender balance on the bench© ICC-CPI
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Chambers of the ICC• Pre-Trial Chambers authorise
investigations, issue warrants of arrest,
confirm charges• Trial Chambers decide on guilt/innocence,
sentence and reparations• Appeals Chamber is a second-instancecourt, hears appeals from the parties© ICC-CPI
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Office of the Prosecutor• Conducts initial analysis of information on
alleged crimes• Conducts investigations• Represents prosecution in the courtroom© ICC-CPI
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How are ICC investigations started?
Three ”triggering mechanisms”
1. Referral from a State Party to the RomeStatute
2. Referral from the UN Security Council
3. A Proprio motu request from ICC Prosecutor
to Judges to open an investigation.

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ICC Registry• Administrative and operational support• Legal support for the defence and victims• Witness protection and support• Court management• Security and safety section© ICC-CPI
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ICC Presidency• Organises the work of Chambers• Oversees the administration of the Court(with the exception of the Office of theProsecutor)• Represents the ICC externally© ICC-CPINot an official document

Assembly of States Parties• Approval of ICC budget; election of Judges
and Prosecutor; management oversight© ICC-CPI
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Cooperation of States with ICC• Critical to the functioning of the ICC• Obligatory cooperation for States Parties:
arrest and transfer of suspects; freezing ofassets; enabling access to witnesses andevidence• Various forms of voluntary cooperation:
enforcement of sentences, relocation ofwitnesses under threat© ICC-CPI
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Victims• ICC provides victims with access to justice part of Sustainable Development Goal 16 of
United Nations’ Agenda 2030
• Victims have the right to participate inproceedings with legal assistance• Victims have the right to request reparations© ICC-CPI
Not an official documentReparations to victims• Psychological & physical rehabilitation;
projects for education and healthcare, etc.
• Trust Fund for Victims collects donations© ICC-CPI
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Legal system of the ICC• Judicial independence, impartiality andfairness – key principles• Sui generis international criminal procedure• Contains elements of different legal systemsof the world© ICC-CPINot an official document

Principle of complementarity• National jurisdictions have primacy• ICC is a court of last resort• National capacity building crucial toaddress Rome Statute crimes• Education and training: possible
cooperation between ICC and UNAFEI© ICC-CPI
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Crimes under ICC’s jurisdiction• Genocide• Crimes against humanity• War crimes• Crime of aggression© ICC-CPI
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ICC and children• Several crimes under the ICC Statuteconcern children explicitly• ICC organs possess special expertise on
crimes against children• Special attention is given to the needs ofchildren as victims or witnesses© ICC-CPI
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Crimes against children• Use of child soldiers• Rape and sexual enslavement of children• Forcible transfer of children to another group• Trafficking of children• Attacks on buildings dedicated to education• Children born out of rape
Restorative justice: reparations© ICC-CPI
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Thank you for your attention© ICC-CPI
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