> * it only takes 3 people (prosecutor + 2 judges) to completely crumble the western block. You could suspect war crimes for any post 9/11 war campaign and arrest every past and present leader of the Us, France, UK, Australia since 2001 because 3 people said so. That’s way too much power for a small group
There are two additional checks-and-balances which you have not mentioned: (1) Decisions of the Pre-Trial Chamber can be appealed to the Appellate Chamber (2) the UN Security Council can by resolution suspend proceedings in any case for up to 12 months (indefinitely renewable).
So, a prosecution requires (1) the Prosecutor to decide to prosecute, (2) at least two out of three Pre-Trial judges to approve the prosecution, (3) at least three out of five Appellate judges to dismiss any appeal of that decision, (4) either a majority of the UN Security Council or else at least one of its permanent members to oppose suspending the prosecution. That's more than just 3 people's say-so. That's six people plus at least one major world power say-so.
There are two additional checks-and-balances which you have not mentioned: (1) Decisions of the Pre-Trial Chamber can be appealed to the Appellate Chamber (2) the UN Security Council can by resolution suspend proceedings in any case for up to 12 months (indefinitely renewable).
So, a prosecution requires (1) the Prosecutor to decide to prosecute, (2) at least two out of three Pre-Trial judges to approve the prosecution, (3) at least three out of five Appellate judges to dismiss any appeal of that decision, (4) either a majority of the UN Security Council or else at least one of its permanent members to oppose suspending the prosecution. That's more than just 3 people's say-so. That's six people plus at least one major world power say-so.