Covering the International Criminal Court as a Journalist

Covering the International Criminal Court as a journalist

The International Criminal Court (ICC), headquartered in The Hague, Netherlands, is a permanent international tribunal established by an international treaty called The Rome Statute in 1998. An up-to-date list of the ICC’s State Parties is available on the ICC’s website along with the text of the Rome Statute to the International Criminal Court: (EN) (AR)

Often referred to as one of the “Hague Tribunes” it plays a specific role in the international justice system as a permanent criminal court, which brings criminal cases against individuals. Journalists covering the court can familiarize themselves with Wayamo information sheets on “The International Criminal Court” and “The International Criminal Court and Sudan”. For a more detailed discussion on international criminal justice, Wayamo information sheets entitled “An introduction to International Crimes” and “The Global ‘System’ of International Criminal Justice” are also available.

Covering the International Criminal Court

The International Criminal Court is a complex international institution with its own terminology, rhythms and rules. Covering the court can be intimidating at first, but there are many resources available for journalists looking to produce stories about the court itself or court cases, including this fact sheet which lays out the basic facts and provides resources for additional reporting.

1. The Jurisdiction of the ICC

The ICC can only prosecute crimes committed after July 1, 2002, when the Rome Statute entered into force. The court can only prosecute crimes committed on the territory of a State Party or by nationals of a State Party and cases can only be referred to the ICC by a State Party, the UN Security Council, or initiated by the ICC Prosecutor. State Parties can, and have, referred their own cases to the court.

The ICC’s jurisdiction covers four core crimes:

Genocide: Acts committed with the intent to destroy, in whole or in part, a national, ethnical, racial, or religious group.
Crimes Against Humanity: Widespread or systematic attacks against civilians, including murder, enslavement, and torture.
War Crimes: Violations of international humanitarian law during armed conflict, such as targeting civilians or using prohibited weapons.
Crime of Aggression: Acts of aggression by a state that violate the sovereignty of another state.

2. Stages of Court Cases

ICC cases progress through defined stages. Understanding these stages helps journalists contextualize developments in ongoing cases and to make stories that better inform the public and each stage of the proceedings comes with its own set of reporting opportunities and challenges.

A Court Calendar keeps track of the upcoming hearings.

1. Preliminary Examinations: The Prosecutor assesses whether the case meets jurisdictional criteria and if there is a reasonable basis to proceed. The ICC keeps an updated list of ongoing and closed preliminary investigations with a map.
2. Investigation: Evidence is gathered, and suspects are identified. Arrest warrants or summonses may be issued. The ICC keeps an updated list of ongoing investigations with a map. Indictments and arrest warrants offer good opportunities for stories at this stage. An ICC indictment is a formal accusation issued by the ICC Prosecutor against an individual for alleged crimes within the court’s jurisdiction, while an ICC arrest warrant is a legal order issued by the judges to detain the accused and bring them before the court for trial.
3. Pre-Trial Phase: Judges determine whether there is sufficient evidence to proceed to trial. The ICC keeps a list of its cases highlighting the facts and the stage of each case.
4. Trial: The trial chamber hears evidence from the prosecution and defense. Victims can participate in proceedings.
5. Judgment: A verdict is delivered. If the accused is found guilty, sentencing follows. The ICC keeps a database of all its Judgements and other court documents.
6. Appeals: Parties can appeal the judgment or sentence.
7. Reparations: Victims may receive reparations through the court’s Trust Fund for Victims.

3. Gathering materials: Court documents, contacting the ICC, attending a hearing

Accessing court materials

The ICC website is a valuable resource for journalists. It offers:

Press Releases: Updates on case developments, judicial decisions, and institutional matters.
Fact Sheets: Background on cases, legal procedures, and key documents.
Live Streaming: Journalists can watch live streamed hearings in English, French or sometimes a third language such as Arabic that is relevant to the case.
Court Records: Journalists can access legal filings, warrants, judgments, and trial transcripts.
The ICC also updates on social media: Twitter, Facebook, LinkedIn, YouTube, Instagram and Flickr and journalists can subscribe to an ICC mailing list to receive the latest press releases and information relevant to covering the court.
The ICC allows journalists to use its photos and video footage free of charge so long as they credit the ICC by crediting the materials “© ICC-CPI”.

Contacting the ICC

The ICC offers direct access to court representatives.

Office of the Prosecutor: Journalists can contact the Office of the Prosecutor by emailing the OTP News Desk. Journalists can ask on-the-record questions.
On-the-record statements: Journalists can e-mail Fadi El Abdallah, the Arabic-speaking spokesperson for the ICC, who regularly provides updates on cases and explains the court’s operations. Journalists can contact him for official statements, clarifications, or interviews.
General, practical and background questions or interview requests: Journalists can e-mail the ICC Public Affairs Unit which will help journalists to access court documents, and set up interviews. ICC interviews can be requested through an interview request form sent to ICC Public Affairs.
Audio-visual materials: Journalists can request AV materials by contacting ICC AV Producer Faida Rahmanovic.

Attending a hearing

ICC hearings are open to the public and can be attended by journalists at the ICC’s headquarters in The Hague, The Netherlands. On regular hearing days, no prior accreditation is required for journalists who only need to present a valid ID and a press card which will be exchanged for a media badge. On days of high-level hearings (the opening of a trial, first appearance of a suspect, etc.), prior registration is required. Before such hearings, detailed information on how to register will be clearly indicated on the ICC website and circulated by email to those on the mailing list. In the public galleries, journalists must adhere to strict rules: only a notepad and pen are allowed, while electronic devices are prohibited. Those attending can choose audio feeds in English, French, or the courtroom’s floor language.

4. Complexities of Reporting on ICC Cases

Reporting on ICC cases is challenging due to the legal and procedural complexity, and the specialized language used by the court and those who observe it most closely.

Journalists covering the court, especially for the first time, should consider these tips:

Understand legal terminology. ICC-specific terms (e.g., “preliminary examination,” “confirmation of charges” or “complementarity”) should be explained in clear language as misinterpretation can lead to inaccuracies in reporting. Journalists can seek out experts who can explain these terms in clear language.
Contextualize legal developments. Journalists should look to explain how decisions fit into the broader narrative of justice and accountability.
Engage experts. Journalists can consult legal observers, academic scholars or ICC correspondents for insights into complex rulings.
Balance objectivity and sensitivity. Journalists can highlight the legal aspects while also highlighting the perspectives of victims and affected communities.
Verify facts. Journalists should rely on primary sources like court documents, official press releases, and live proceedings and avoid unverified claims.
Understand delays. ICC cases often involve lengthy procedures due to the collection of evidence, translation issues, and international cooperation challenges (for example, in executing arrest warrants). Journalists can educate their audiences about these timelines.

5. Elements of a Good Story About the ICC

A compelling story about the International Criminal Court (ICC) must humanize the process of international justice. Effective storytelling engages audiences through well-researched narratives and diverse formats and reporters must move beyond legal jargon to explain what happens at the court in simple language.

Key elements of a good ICC story

Human-Centered Narrative:

Focus on the lives and stories of victims, survivors, or communities affected by crimes under ICC jurisdiction.
Profiles of perpetrators can contextualize their alleged roles as well.

Global and Local Impact:

Explore how judicial decisions affect local communities, governance, or peace processes.

Complexity Made Accessible:

What is the ICC? Provide background on the court and how it works. Journalists can answer simple questions which they themselves often have when they begin covering the court.
Simplify legal concepts and stages of the ICC process for general audiences without losing accuracy.

Conflict-Sensitive Reporting:

Avoid sensationalism and respect confidentiality where needed. Avoid quoting inflammatory language.
Use trauma-informed approaches when interviewing victims, witnesses or survivors.

Accountability and Justice in Action:

Investigate delays in court proceedings as well as the challenges of enforcing arrest warrants or ensuring reparations.
Highlight both successes and criticisms of the ICC’s work.

6. The Importance of Expert Interviews in Reporting on the ICC

Because of the complexity of the court, journalists should use expert interviews wherever possible.

Journalists can use experts to:

Clarify legal processes, because ICC cases involve complex legal frameworks, such as the Rome Statute and International Humanitarian Law. Experts can break these down in accessible terms.
Provide context, helping to place ICC developments within historical, political, and social contexts and offering insights into their significance.
Counteract misinformation, to cut through political biases and clarify misconceptions or expectations about the ICC’s work.
Deepen audience engagement, by highlighting knowledgeable, credible voices, making stories more compelling and authoritative.

Tips for conducting expert interviews:

Prepare thoroughly. Research the expert’s background to ask informed, precise questions.
Focus on clarity. Encourage experts to explain legal concepts in plain language for a non-specialist audience. Prompt them to explain concepts as if they were speaking to a pupil at school.
Tailor to regional context. When reporting for local audiences, highlight the local relevance and address the local criticism of ICC cases.
Balance perspectives. Interview multiple experts to provide a range of views, particularly on controversial cases.

Key takeaways

The International Criminal Court is a complex international institution with its own terminology, rhythms and rules. Covering the court can be intimidating at first, but there are many resources available for journalists looking to produce stories. See Wayamo information sheets on “The International Criminal Court”, “The International Criminal Court and Sudan”, “An introduction to International Crimes” and “The Global ‘System’ of International Criminal Justice”.
Journalists can make use of ICC’s Press Releases and to sign up for new updates based on the cases and situations they are interested in.
ICC cases progress through defined stages. Understanding these stages helps journalists contextualize developments, and each stage of the proceedings comes with its own set of reporting opportunities and challenges.
Journalists can cover the ICC live by visiting the court in The Hague, or remotely by following live court proceedings online. Covering the court remotely is possible due to the ICC’s extensive up-to-date document library and multimedia resources, including audio-visual materials specifically for journalists.
The ICC is a complex institution and journalists should use expert interviews whenever possible to help explain the court to their audiences. See Wayamo’s video library of expert interviews for English- and Arabic-language materials.
ICC cases usually revolve around top politicians and commanders. Journalists should be aware of the sensitivities of reporting on these issues. See Wayamo’s information sheet on ”Conflict-Sensitive Journalism”.