International Criminal Court Establishment
International tribunal organisation
What was International Criminal Court Establishment?
The International Criminal Court (ICC) is an intergovernmental organisation and international tribunal seated in The Hague, Netherlands. Established in 2002 under the multilateral Rome Statute, the ICC is the first and only permanent international court with jurisdiction to prosecute individuals for the international crimes of genocide, crimes against humanity, war crimes, and the crime of aggression. The ICC is intended to complement, not replace, national judicial systems; it can exercise its jurisdiction only when national courts are unwilling or unable to prosecute criminals. It is distinct from the International Court of Justice, an organ of the United Nations that hears disputes between states.
Introduction to the International Criminal Court
William A. Schabas · 2007
An introduction to the International Criminal Court
William Schabas · 2000
The International Criminal Court and the crime of aggression
Mauro Politi · 2004
The United States and the International Criminal Court
2001
The International Criminal Court
Marlies Glasius · 2005
Background and consequences
The ICC can generally exercise jurisdiction in cases where the accused is a national of a state party, the alleged crime took place on the territory of a state party, or a situation is referred to the Court by the United Nations Security Council. As of October 2024, there are 125 states parties to the Rome Statute, which are represented in the court's governing body, the Assembly of States Parties. Countries that are not party to the Rome Statute and do not recognise the court's jurisdiction include China, India, Russia, and the United States. The Office of the Prosecutor has opened investigations into over a dozen situations and conducted numerous preliminary examinations. The Court issued its first arrest warrants in 2005, and issued its first judgment in 2012.
Why it matters
Indicted individuals have included heads of state and other senior officials. In recent years, notable cases include arrest warrants issued for Russian president Vladimir Putin, in connection with the invasion of Ukraine and Israeli prime minister Benjamin Netanyahu and defence minister Yoav Gallant, along with several Hamas leaders, in connection with the Gaza war. Since its establishment, the ICC has faced significant criticism. Opponents, including major powers that have not joined the court, question its legitimacy, citing concerns over national sovereignty and alleging susceptibility to political influence. The court has also been accused of bias and of disproportionately targeting African leaders. Others have questioned the court's effectiveness, pointing to its reliance on state cooperation for arrests, its relatively small number of convictions, and the high cost of its proceedings.