Kara Sears
The International Criminal Court (ICC) is an intergovernmental organization and international tribunal seated in The Hague, Netherlands. Established in 2002 pursuant to the multilateral Rome Statute, the ICC is the world's 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 Rome Statute established three separate bodies: The Assembly of States Parties, the International Criminal Court, which comprises four separate organs, and the Trust Fund for Victims. The ICC's laws are governed by the Rome Statute, an international treaty. States Parties to the Rome Statute gather at least once a year at sessions of the Assembly of States Parties, to provide management oversight for the Court, including establishing the budget, providing funding, and electing the Court's judges and Prosecutor. NGOs have also been crucial to the evolution of the ICC, as their legal experts helped shape the Statute, while their lobbying efforts built support for it.
| Characteristics | Values |
|---|---|
| Established | 2002 |
| Headquarters | The Hague, Netherlands |
| Membership | 123-125 countries |
| Purpose | Prosecute individuals for genocide, crimes against humanity, war crimes, and the crime of aggression |
| Governance | Assembly of States Parties |
| Court Organs | Presidency, Judicial Divisions, Office of the Prosecutor, and Registry |
| Jurisdiction | Crimes committed after the entry into force of the Rome Statute |
| Language | Proceedings conducted in multiple languages with interpreters and translators |
| Enforcement | Convicted persons serve sentences in States Parties with agreements on enforcement |
| Victim Support | Trust Fund for Victims, victim and witness protection programme |
| Role of NGOs | Contribute to the formation of the Court, support broader causes such as human rights and victims' rights |
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What You'll Learn
The Assembly of States Parties
The Assembly elects officials of the Court, such as judges and the Prosecutor, approves its budget, and adopts amendments to the Rome Statute. It also decides on other issues of importance for the success of the Court, such as matters of cooperation and non-cooperation, and complementarity with national courts. The Assembly has an executive committee, known as the Bureau, which assists in implementing its mandates between annual sessions. The Bureau is composed of a President, two Vice Presidents, and 18 States Parties elected by the Assembly every three years.
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The Rome Statute
The Statute establishes the court's function, jurisdiction, and structure, and outlines four core international crimes: genocide, crimes against humanity, war crimes, and the crime of aggression. These crimes are not subject to any statute of limitations, and the ICC can investigate and prosecute them only when states are "unable" or "unwilling" to do so themselves. The jurisdiction of the court is complementary to that of domestic courts.
The ICC has faced criticism from some governments and civil groups, with accusations of bias, Eurocentrism, and racism. Some major powers, including the United States, China, and Russia, are not members of the court, and two countries, Burundi and the Philippines, have withdrawn. Despite this, the ICC is considered a significant step toward justice and an innovation in international law and human rights.
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The Court's jurisdiction
The International Criminal Court (ICC) is an intergovernmental organisation with jurisdiction to prosecute individuals for international crimes, including genocide, crimes against humanity, war crimes, and the crime of aggression. The Court is governed by the Assembly of States Parties, which is made up of the states that are party to the Rome Statute. As of January 2025, there are 125 state parties to the Statute, with two countries having withdrawn and 29 others having signed but not ratified the Statute.
The ICC is distinct from the International Court of Justice, which hears disputes between states. It is an independent judicial institution, established in 2002 pursuant to the multilateral Rome Statute. The Court has four organs: the Presidency, the Judicial Divisions, the Office of the Prosecutor, and the Registry. The Presidency conducts external relations with states, coordinates judicial matters, and oversees the Registry's administrative work. The Judicial Divisions are composed of 18 judges across three divisions: Pre-Trial, Trial, and Appeals. The Office of the Prosecutor conducts preliminary examinations, investigations, and prosecutions, while the Registry handles non-judicial activities such as security, interpretation, outreach, and support to defence and victims' lawyers.
The ICC's jurisdiction is limited to crimes committed after the entry into force of the Rome Statute. If a state becomes a party to the Statute after its entry into force, the Court's jurisdiction applies only to crimes committed after the Statute's entry into force for that particular state. The ICC may only exercise its jurisdiction when a country is unwilling or unable to investigate and prosecute grave crimes, as per the "principle of complementarity". This means that the ICC does not override national authorities in carrying out investigations and prosecutions. Additionally, the ICC has limited jurisdiction over the nationals of countries that have not joined the Rome Statute, such as the United States.
The ICC has field offices in several countries, including the Democratic Republic of the Congo, Uganda, the Central African Republic, Côte d'Ivoire, Mali, and Ukraine. As of 2022, there have been 33 cases before the Court, with some cases involving multiple suspects. The Court has issued 61 arrest warrants, and 22 people have been detained and appeared before the Court. The ICC also has a victim and witness protection programme in place to ensure the safety and participation of those involved in the judicial process.
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The role of NGOs
The International Criminal Court (ICC) is an intergovernmental organisation and international tribunal seated in The Hague, Netherlands. Established in 2002, it is the first and only permanent international court with jurisdiction to prosecute individuals for international crimes such as genocide, crimes against humanity, war crimes, and the crime of aggression. The ICC is governed by the Assembly of States Parties, which elects officials of the Court, approves its budget, and adopts amendments to the Rome Statute.
Non-governmental organisations (NGOs) have played a crucial role in the establishment and functioning of the ICC. Civil society organisations advocated for the creation of the ICC, and NGOs continue to be important intermediaries, raising awareness about the ICC worldwide and advocating for the universal acceptance of the Rome Statute. NGOs have been instrumental in shaping the normative climate that urged states to seriously consider the formation of the Court. They have provided legal expertise and contributed to lobbying efforts to build support for the Statute.
NGOs work under the Coalition for the ICC (CICC), coordinating their efforts to improve efficiency and pool their influence on major common issues. The CICC serves as a channel for NGO contacts with the Court, facilitating dialogue and collaboration. NGOs interested in a more formal role as intermediaries can refer to the Guidelines Governing the relations between the ICC and NGOs.
Specific examples of NGO involvement include the campaign for the ICC to investigate alleged Israeli war crimes in Palestine. Since 2015, NGOs have submitted various documents and briefs to the Court, alleging Israeli war crimes and calling for investigations, indictments, and arrests of Israeli officials. These efforts have been funded by the EU and European governments, with specific funding earmarked for NGO activities related to the ICC.
NGOs also contribute to the ICC's victim and witness protection programme, ensuring procedural and operational protective measures are in place. They facilitate two-way dialogue between the Court and communities affected by crimes under the ICC's jurisdiction, fostering a sense of ownership in the judicial process. By working with the ICC, NGOs advance broader causes such as human rights, victims' rights, gender rights, rule of law, conflict mediation, and peace.
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The ICC's critics
The International Criminal Court (ICC), established in 2002, is an intergovernmental organisation and international tribunal seated in The Hague, Netherlands. It is the first and only permanent international court with jurisdiction to prosecute individuals for international crimes such as genocide, crimes against humanity, war crimes, and the crime of aggression.
Despite its noble purpose, the ICC has faced a number of criticisms and has been unable to gain the membership of several major powers, including the United States, China, and Russia. Here are some of the key criticisms of the ICC:
State Cooperation and Enforcement Issues
One of the main criticisms of the ICC is its dependence on state cooperation to function effectively. The ICC lacks an independent police force and prison facilities, and relies on member states to arrest and transfer defendants. There is no guarantee that states will comply with the ICC's requests, and this can hinder the Court's ability to bring individuals to justice. For example, in the case of Sudan's President Omar Al-Bashir, the ICC's arrest warrant was ignored by multiple countries, including signatories of the Rome Statute.
Bias and Eurocentrism
The ICC has been accused of bias and Eurocentrism, particularly by African countries. Critics argue that the Court has disproportionately focused on situations in Africa, with every convicted person so far being African. Some see this as an attempt by Western states to exert influence over African countries or to use them as "sacrificial lambs" in the ICC's quest for global legitimacy. While the African situations were referred to the ICC by African governments themselves, the perception of bias remains a point of contention.
Slow Progress and Limited Resources
The ICC has been criticised for its slow progress in delivering justice. Out of thousands of potential cases, only a handful have been successfully investigated and brought to trial. The complexity of the crimes and the challenges of international trials contribute to the lengthy processes. Additionally, the ICC has a limited budget and a small number of sitting judges, restricting the number of cases they can handle.
Inability to Gain Membership of Major Powers
The ICC has faced opposition from several major powers, including the United States, China, and Russia, who have refused to recognise its jurisdiction. This lack of support from influential countries undermines the Court's authority and hampers its ability to pursue justice on a global scale.
Domestic Politics and National Sovereignty
Some critics argue that the ICC's interventions in domestic affairs infringe on national sovereignty. For example, Burundi and the Philippines withdrew from the ICC after the Court launched investigations into their governments' actions. These countries argued that domestic courts are sufficient to enforce the rule of law without external interference.
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Frequently asked questions
The International Criminal Court (ICC) is governed by the Assembly of States Parties, which is made up of the states that are party to the Rome Statute. The Assembly elects officials of the Court, approves its budget, and adopts amendments to the Rome Statute.
The Rome Statute is an international treaty that established the ICC in 2002. It outlines the Court's jurisdiction and the rules that States Parties agree to incorporate into their own judicial systems.
As of January 2025, 125 states are parties to the Rome Statute, including all the countries of South America, nearly all of Europe, most of Oceania, and roughly half of Africa.
NGOs that work under the CICC (Coalition for the International Criminal Court) have been crucial to the evolution of the ICC. Their legal experts helped shape the Rome Statute, and their lobbying efforts built support for it.
No, the ICC does not override national authorities. Under international law, states have the primary responsibility to investigate and prosecute international crimes. The ICC is a court of last resort and may only exercise its jurisdiction when a country is unwilling or unable to carry out these responsibilities.
