Key Facts
Key Information
About
The International Criminal Court (ICC) is an intergovernmental organization and permanent international tribunal established to prosecute individuals for the most serious crimes of international concern, including genocide, crimes against humanity, war crimes, and the crime of aggression. Founded under the Rome Statute, which entered into force on July 1, 2002, the ICC operates as a court of last resort, intervening only when national judicial systems are unwilling or unable to genuinely prosecute such crimes. Headquartered in The Hague, Netherlands, the ICC is independent of the United Nations but cooperates with it, and it is distinct from the International Court of Justice, which adjudicates disputes between states rather than individuals. As of now, 124 countries are states parties to the Rome Statute, though major powers like the United States, China, and Russia are not, leading to criticisms of selectivity and limited universal jurisdiction. The ICC's structure includes a presidency, an assembly of states parties, a judicial division with 18 judges, an office of the prosecutor, and a registry. Investigations are initiated by the prosecutor based on referrals from states parties, the UN Security Council, or proprio motu (on the prosecutor's own initiative). The court has handled cases primarily from Africa, prompting accusations of bias, though it has expanded to situations in Ukraine, Palestine, and elsewhere. Notable controversies include its investigations into African leaders, which led to withdrawal threats from countries like Burundi, and ongoing debates over its legitimacy and effectiveness in enforcing international justice. In recent years, the ICC has been involved in high-profile cases related to conflicts in the Middle East, including the prosecution of individuals linked to actions by the Israeli Defense Forces (IDF) in Gaza. In May 2024, the prosecutor sought arrest warrants for Israeli Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant for alleged war crimes and crimes against humanity during the Israel-Hamas war, as well as for Hamas leaders. This move has drawn international backlash, with Israel rejecting the ICC's jurisdiction and some allies like the US criticizing the equivalence drawn between the parties. The ICC remains a key institution in the global fight against impunity, though its operations are hampered by non-cooperation from non-member states and resource constraints.