Posted: March 8th, 2016

What is the status of the above parties to this conflict and what is the relevant international law applicable to them?

You are employed in the Office of the Prosecutor of the ICC. You have been asked by the Prosecutor to prepare an opinion and address following matters:-
(1) What is the status of the above parties to this conflict and what is the relevant international law applicable to them?

(2) What authority does Switzerland have to request the ICC to investigate this matter?

(3) What (if any) authority would the ICC Prosecutor have to independently investigate and or prosecute the case in the absence of a UN Security Council referral?

(4) Has any international crimes been committed, if so what and by whom? What additional evidence would you require in order to make out the relevant charges?

(5) What information would the Prosecutor need to have in order to justify an application for an arrest warrant? What would the prosecutor need to do in order to have an arrest warrant issued?

(6) What defences might be open to any of the potential accused? Could their national governments move the court to decline to accept jurisdiction? What would be the basis of this application?

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