The International Criminal Court (ICC) is an intergovernmental organization and international tribunal seated in The Hague, Netherlands. It 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 distinct from the International Court of Justice, an organ of the United Nations that hears disputes between states. Established in 2002 pursuant to the multilateral Rome Statute, the ICC is considered by its proponents to be a major step toward justice, and an innovation in international law and human rights.
Crimes against humanity are certain serious crimes committed as part of a large-scale attack against civilians. Unlike war crimes, crimes against humanity can be committed during both peace and war and against a state's own nationals as well as foreign nationals. Together with war crimes, genocide, and the crime of aggression, crimes against humanity are one of the core crimes of international criminal law and, like other crimes against international law, have no temporal or jurisdictional limitations on prosecution.
The Rome Statute of the International Criminal Court is the treaty that established the International Criminal Court (ICC). It was adopted at a diplomatic conference in Rome, Italy on 17 July 1998 and it entered into force on 1 July 2002. As of January 2025, 125 states are party to the statute. Among other things, it establishes court function, jurisdiction and structure.
A war of aggression, sometimes also war of conquest, is a military conflict waged without the justification of self-defense, usually for territorial gain and subjugation, in contrast with the concept of a just war.
International criminal law (ICL) is a body of public international law designed to prohibit certain categories of conduct commonly viewed as serious atrocities and to make perpetrators of such conduct criminally accountable for their perpetration. The core crimes under international law are genocide, war crimes, crimes against humanity, and the crime of aggression.
A preliminary examination of possible war crimes committed by United Kingdom (UK) military forces during the invasion of Iraq in March 2003 was started by the ICC in 2005 and closed in 2006. The preliminary examination was reopened in 2014 in the light of new evidence.
The International Criminal Court has opened investigations in Afghanistan, Bangladesh/Myanmar, Burundi, the Central African Republic (twice), Côte d'Ivoire, Darfur in Sudan, the Democratic Republic of the Congo, Georgia, Kenya, Libya, Mali, Palestine, the Philippines, Uganda, Ukraine, and Venezuela I. The Office of the Prosecutor carried out and closed preliminary investigations in Bolivia; Colombia; Congo II; Gabon; Guinea; Honduras; Iraq/the United Kingdom; registered vessels of Comoros, Greece, and Cambodia; and South Korea. Ongoing preliminary examinations are being carried out in situations in Lithuania/Belarus, Nigeria, and Venezuela II.
The United States is not a state party to the Rome Statute of the International Criminal Court, which founded the International Criminal Court (ICC) in 2002.
The states parties to the Rome Statute of the International Criminal Court are those sovereign states that have ratified, or have otherwise become party to, the Rome Statute. The Rome Statute is the treaty that established the International Criminal Court, an international court that has jurisdiction over certain international crimes, including genocide, crimes against humanity, and war crimes that are committed by nationals of states parties or within the territory of states parties. States parties are legally obligated to co-operate with the Court when it requires, such as in arresting and transferring indicted persons or providing access to evidence and witnesses. States parties are entitled to participate and vote in proceedings of the Assembly of States Parties, which is the Court's governing body. Such proceedings include the election of such officials as judges and the Prosecutor, the approval of the Court's budget, and the adoption of amendments to the Rome Statute.
United Nations Security Council Resolution 1593, adopted on 31 March 2005, after receiving a report by the International Commission of Inquiry on Darfur, the Council referred the situation in the Darfur region of Sudan to the International Criminal Court (ICC) and required Sudan to co-operate fully. It marked the first time the council had referred a situation to the court, and also compelled a country to co-operate with it.
United Nations Security Council resolution 1487, adopted on 12 June 2003, after noting the recent entry into force of the Rome Statute of the International Criminal Court, the Council granted a one-year extension for immunity from prosecution by the International Criminal Court (ICC) to United Nations peacekeeping personnel from countries that were not party to the ICC, beginning on 1 July 2003.
The International Criminal Court's founding treaty, the Rome Statute, provides that individuals or organizations may submit information on crimes within the jurisdiction of the Court. These submissions are referred to as "communications to the International Criminal Court".
United Nations Security Council resolution 1420, adopted unanimously on 30 June 2002, after recalling all previous resolutions on the conflict in the former Yugoslavia, particularly resolutions 1357 (2001) and 1418 (2002), the council, acting under Chapter VII of the United Nations Charter, extended the mandate of the United Nations Mission in Bosnia and Herzegovina (UNMIBH) and authorised the continuation of the Stabilisation Force until 3 July 2002.
United Nations Security Council resolution 1421, adopted unanimously on 3 July 2002, after recalling all previous resolutions on the conflict in the former Yugoslavia, particularly resolutions 1357 (2001), 1418 (2002) and 1420 (2002), the council, acting under Chapter VII of the United Nations Charter, extended the mandate of the United Nations Mission in Bosnia and Herzegovina (UNMIBH) and authorised the continuation of the Stabilisation Force (SFOR) until 15 July 2002.
United Nations Security Council resolution 1423, adopted unanimously on 12 July 2002, after recalling resolutions 1031 (1995), 1035 (1995), 1088 (1996), 1103 (1997), 1107 (1997), 1144 (1997), 1168 (1998), 1174 (1998), 1184 (1998), 1247 (1999), 1305 (2000), 1357 (2001) and 1396 (2002), the Council extended the mandate of the United Nations Mission in Bosnia and Herzegovina (UNMIBH) for a period until on 31 December 2002 and authorised states participating in the NATO-led Stabilisation Force (SFOR) to continue to do so for a further twelve months.
United Nations Security Council resolution 1497, adopted on 1 August 2003, after expressing concern at the situation in Liberia, the Council authorised a multinational force to intervene in the civil war to support the implementation of a ceasefire agreement using "all necessary measures".
United Nations Security Council Resolution 1960, adopted unanimously on December 16, 2010, after recalling resolutions 1325 (2000), 1612 (2005), 1674 (2006), 1820 (2008), 1882 (2009), 1888 (2009), 1889 (2009) and 1894 (2009), the Council requested information on parties suspected of patterns of sexual violence during armed conflict to be made available to it.
Amendments to the Rome Statute of the International Criminal Court must be proposed, adopted, and ratified in accordance with articles 121 and 122 of the Statute. Any state party to the Statute can propose an amendment. The proposed amendment can be adopted by a two-thirds majority vote in either a meeting of the Assembly of States Parties or a review conference called by the Assembly. An amendment comes into force for all states parties one year after it is ratified by seven-eighths of the states parties. However, any amendment to articles 5, 6, 7, or 8 of the Statute only enters into force for states parties that have ratified the amendment. A state party which ratifies an amendment to articles 5, 6, 7, or 8 is subject to that amendment one year after ratifying it, regardless of how many other states parties have also ratified it. For an article 5, 6, 7, or 8 amendment, the Statute itself is amended after the amendment comes into force for the first state party to ratify it. Amendments of a purely institutional nature enter into force six months after they are approved by a two-thirds majority vote in either a meeting of the Assembly of States Parties or a review conference.
The International Criminal Court investigation in Darfur or the situation in Darfur is an ongoing investigation by the International Criminal Court (ICC) into criminal acts committed during the War in Darfur. Although Sudan is not a state party to the Rome Statute, the treaty which created the ICC, the situation in Darfur was referred to the ICC's Prosecutor by the United Nations Security Council in 2005. As of June 2019, five suspects remained under indictment by the court: Ahmed Haroun, Ali Kushayb, Omar al-Bashir, Abdallah Banda and Abdel Rahim Mohammed Hussein. Charges against Bahar Abu Garda were dropped on the basis of insufficient evidence in 2010 and those against Saleh Jerbo were dropped following his death in 2013. In mid-April 2019, Haroun, al-Bashir and Hussein were imprisoned in Sudan as a result of the 2019 Sudanese coup d'état. In early November 2019, the Forces of Freedom and Change (FFC) and Sudanese Prime Minister Abdalla Hamdok stated that al-Bashir would be transferred to the ICC. One of the demands of the displaced people of Darfur visited by Hamdok prior to Hamdok's statement was that "Omar Al Bashir and the other wanted persons" had to be surrendered to the ICC.
The Russian invasion of Ukraine violated international law. The invasion has also been called a crime of aggression under international criminal law, and under some countries' domestic criminal codes – including those of Ukraine and Russia – although procedural obstacles exist to prosecutions under these laws.
