International Criminal Court

The International Criminal Court (ICC) is a permanent international judicial institution established to prosecute individuals for the most serious offences of international concern, including genocide, crimes against humanity, war crimes, and the crime of aggression. Headquartered in The Hague, Netherlands, the ICC functions as an independent judicial body, distinct from the United Nations system, though it maintains cooperative relations with it. The Court aims to ensure accountability for perpetrators of grave international crimes and to contribute to the prevention of such offences through the establishment of global legal norms.

Background and Establishment

The idea of creating a permanent international criminal court evolved from the aftermath of the atrocities committed during the twentieth century, particularly the Holocaust and other large-scale violations of human rights. Early efforts included the Nuremberg and Tokyo Tribunals, which tried key war criminals after the Second World War. However, these tribunals were temporary and limited in jurisdiction.
The international community recognised the need for a permanent institution to prosecute individuals irrespective of state sovereignty or ad hoc political arrangements. This led to the adoption of the Rome Statute on 17 July 1998 at a diplomatic conference in Rome. The Statute entered into force on 1 July 2002, after sixty states had ratified it, formally creating the International Criminal Court.
The ICC operates as a court of last resort, exercising jurisdiction only when national judicial systems are unwilling or unable to prosecute offenders genuinely. As of 2025, over 120 countries are States Parties to the Rome Statute, although some major powers, such as the United States, Russia, and China, are not members.

Jurisdiction and Legal Framework

The ICC’s jurisdiction is limited both ratione materiae (by subject matter) and ratione temporis (by time). It may only prosecute crimes committed after the Rome Statute came into force in 2002 and within the territories or by nationals of States Parties, unless referred by the United Nations Security Council.
The four core crimes under ICC jurisdiction are:

• Genocide: Acts committed with intent to destroy, in whole or in part, a national, ethnic, racial, or religious group.
• Crimes against humanity: Widespread or systematic attacks directed against civilian populations, such as murder, enslavement, torture, or enforced disappearance.
• War crimes: Serious breaches of international humanitarian law, particularly those outlined in the Geneva Conventions, including targeting civilians, using child soldiers, or employing prohibited weapons.
• Crime of aggression: The planning or execution of acts of aggression by a state leader, violating the UN Charter.

The ICC’s complementarity principle ensures that national courts have the primary responsibility to prosecute international crimes, and the ICC steps in only when justice at the domestic level is obstructed or compromised.

Structure and Organisation

The ICC consists of four principal organs:

1. The Presidency: Responsible for administrative matters and representing the Court in external relations.
2. The Judicial Divisions: Comprising the Pre-Trial, Trial, and Appeals Chambers, these divisions handle different stages of proceedings.
3. The Office of the Prosecutor (OTP): An independent organ tasked with examining situations, conducting investigations, and prosecuting cases. The Prosecutor is elected by the Assembly of States Parties.
4. The Registry: Provides administrative and operational support, including witness protection and public information.

Judges of the ICC are elected for nine-year terms by the Assembly of States Parties, ensuring representation of the world’s major legal systems and geographical balance.

Investigations, Cases, and Examples

Since its establishment, the ICC has opened investigations in multiple regions, including Uganda, the Democratic Republic of the Congo, Sudan (Darfur), Kenya, Libya, Côte d’Ivoire, and Ukraine. It has issued warrants and convictions for prominent figures such as Thomas Lubanga Dyilo (for conscripting child soldiers in the Democratic Republic of the Congo) and Ahmad al-Faqi al-Mahdi (for destroying cultural heritage in Timbuktu).
The Court has also faced politically sensitive cases involving heads of state, such as Omar al-Bashir of Sudan and Vladimir Putin of Russia, both accused of serious violations of international law. Such prosecutions underscore the ICC’s claim of independence but also expose it to intense political pressures and diplomatic challenges.

Relationship with the United Nations and Member States

Although independent, the ICC maintains a cooperative relationship with the United Nations, primarily through the Security Council, which can refer cases to the Court under Chapter VII of the UN Charter, even concerning non-member states. For example, the Darfur situation was referred to the ICC by UN Security Council Resolution 1593 (2005).
However, the Court’s authority depends heavily on state cooperation, especially in executing arrest warrants and providing evidence. The ICC lacks an enforcement mechanism of its own, which often hinders its operations when states refuse to comply with its orders.

Criticism and Controversies

Despite its noble objectives, the ICC has faced several criticisms:

• Selectivity and Bias: Critics argue that the Court disproportionately targets African states and leaders, raising questions about fairness and political influence.
• Non-Participation of Major Powers: The refusal of countries such as the United States, Russia, and China to join weakens the ICC’s universality and limits its jurisdictional reach.
• Enforcement Limitations: The Court relies on member states for arrests and compliance, leading to difficulties in apprehending indicted individuals.
• Political Sensitivity: Some states claim the ICC undermines national sovereignty or is used as a tool of Western political interests.

Despite these criticisms, supporters contend that the ICC remains a cornerstone of global justice, promoting accountability and deterring impunity.