International Criminal Court

The ICC emerged from a long effort to establish a standing court for serious international crimes, rather than relying only on temporary tribunals created after particular conflicts. States adopted its founding treaty, the Rome Statute, on 17 July 1998. The Statute entered into force on 1 July 2002, bringing the Court into operation. The ICC is an independent institution created by states that join the treaty; it is not a United Nations organ, although the two organizations have a formal relationship and the UN Security Council can refer situations to it under the Statute.

The Rome Statute gives the ICC jurisdiction over four crimes: genocide, crimes against humanity, war crimes and aggression. Its mandate is to determine the criminal responsibility of individuals, not to settle legal disputes between states. The Court can act only when the legal conditions for its jurisdiction are met, including limits tied to the date and location of alleged crimes, the accused person's nationality, acceptance of the Court's jurisdiction, or a Security Council referral. The Court's jurisdiction does not cover every serious offence or every conflict.

The ICC is designed to complement national criminal jurisdictions, not to replace them. A case is generally inadmissible when a state with jurisdiction is genuinely investigating or prosecuting it; the Court may proceed in circumstances defined by the Rome Statute, including when national proceedings are absent or not genuine. Investigations can be initiated through a referral by a state party or by the Security Council, or by the Prosecutor under the Statute's procedures. Judges determine whether cases may proceed and, after trial, whether the accused is guilty. The Prosecutor and the defence take opposing roles, while the Registry provides administrative and operational support.

The ICC is distinct from the International Court of Justice (ICJ). The ICJ, a principal organ of the United Nations, hears certain disputes between states and gives advisory opinions; the ICC prosecutes individuals for crimes within its jurisdiction. The ICC also differs from the temporary international criminal tribunals that preceded it because it is a permanent institution. It has no general police force of its own: arrests, evidence gathering and other forms of assistance depend substantially on cooperation by states. This reliance on national cooperation is one of the practical constraints on its work.