International Criminal Court

The International Criminal Court (ICC) is an intergovernmental organisation and international tribunal based in The Hague, Netherlands. It was created in 2002 under the Rome Statute to deal with serious crimes such as genocide, crimes against humanity, war crimes, and the crime of aggression. Unlike other international courts, the ICC focuses on holding individuals responsible for these actions, not just countries.

The ICC can only act when a country’s own courts cannot or will not do so. It can start cases if the person accused is from a country that supports the ICC, if the crime happened in such a country, or if the United Nations Security Council asks the ICC to investigate. As of October 2024, 125 countries agree to follow the Rome Statute and work with the ICC. Some big countries like China, India, Russia, and the United States do not support the court.

Since it began, the ICC has looked into many serious situations around the world. It has issued important orders to arrest people in charge, including leaders of countries. Recently, it has dealt with situations involving leaders from Russia, Israel, and groups in Gaza. Even though it helps bring justice, the ICC sometimes faces questions about how fair and effective it is.

History

Background

The idea of creating an international tribunal to judge leaders accused of serious international crimes was first suggested during the Paris Peace Conference in 1919, after the First World War. Later, in 1937, a meeting in Geneva tried to create a permanent court for international crimes, but it didn’t happen.

After the Second World War, special courts were set up to try leaders from Axis countries for war crimes. This showed the need for a permanent court. In 1948, the United Nations General Assembly agreed that such a court was needed. Plans were made, but work stopped during the Cold War.

Benjamin B. Ferencz, who investigated Nazi war crimes, strongly supported creating an international court. So did Robert Kurt Woetzel, a professor of international law.

Formal proposal and establishment

In 1989, A. N. R. Robinson suggested creating a permanent international court. This idea grew after two special courts were set up in the 1990s for crimes in the Yugoslav Wars and the Rwandan genocide.

In 1998, countries met in Rome and agreed on the Rome Statute for the International Criminal Court. The court officially began on 1 July 2002 after enough countries agreed to it. The first trials started in 2006, and in 2012, the Court made its first big decision.

In 2010, the Court added new rules about certain weapons and the crime of aggression.

Operation

The International Criminal Court (ICC) started working on July 1, 2002, after the Rome Statute came into effect. This treaty acts like the court's rulebook. Countries that join the Rome Statute become members of the ICC and help run it. As of January 2025, there are 125 ICC member states.

The ICC is like a backup court. It only steps in when local courts can't or won't handle serious crimes. It can only look into crimes that happen in member countries or involve people from those countries, or when the UN Security Council asks it to.

The ICC held its first hearing in 2006 about a person accused of using child soldiers. The court has started many official investigations since then.

Establishing the court's jurisdiction

There are three ways the ICC can start looking into a case: a member country asks, the Security Council asks, or the prosecutor decides to act on their own. If a member country or the Security Council asks, the prosecutor can start right away. Otherwise, the prosecutor needs approval. If there's enough reason to believe a crime happened, the prosecutor must start an investigation. They look at whether the case is serious enough and if it will help victims.

Structure

The ICC is led by the Assembly of States Parties, made up of countries that agree to follow the Rome Statute. This group chooses leaders for the Court, decides its budget, and updates the rules.

The Court has four main parts: the Presidency, the Judicial Divisions, the Office of the Prosecutor, and the Registry.

The Presidency helps run the Court and is made up of three judges chosen by other judges.

The Judicial Divisions include 18 judges who decide on cases brought to the Court.

The Office of the Prosecutor looks into crimes and starts court cases. It works independently, meaning it does not take orders from other groups.

The Registry handles all the Court's admin work, like managing money and helping witnesses.

Crimes for which individuals can be prosecuted

The International Criminal Court can prosecute people for serious crimes that are listed in its rules. These include hurting whole groups of people, very bad actions during wartime, and starting wars without permission. These rules come from a special agreement made by many countries.

One type of crime is when people try to hurt or destroy a whole group of people because of who they are. This can include hurting or killing members of the group, making them very sick, stopping them from having families, or taking their children away.

Another type is doing very bad things to people who are not fighting, like killing them or treating them very badly. These actions must be part of a big plan to hurt many people.

During wars, there are rules to protect people, and breaking these rules is also a crime. This can include hurting people who are not fighting, attacking places where people live, or using unfair fighting methods.

Finally, there are rules against leaders starting wars or using force in ways that break international agreements. These actions can bring big trouble to the world.

Jurisdiction and admissibility

The International Criminal Court can only prosecute someone if certain rules are followed. These rules are about where and when a crime happened, and who can be brought to the Court.

The Court can prosecute someone if the crime happened in a country that agrees with the Court's rules, or if the person is from such a country. The Court can only look at crimes that happened after July 1, 2002, when its main rules started.

Before starting an investigation, the Court must believe a serious crime happened and that it is important to act. The Court will only step in if local courts cannot or will not handle the case themselves. This helps make sure justice is done fairly.

Procedure

Trials at the International Criminal Court mix ideas from two different legal systems, but how they work is still developing. Decisions are made by a majority of three judges, and they must explain their reasoning fully. Trials are usually open to the public, though sometimes they are closed to protect witnesses or handle sensitive information.

The court ensures that people accused of crimes are treated fairly. They are assumed innocent until proven guilty, have the right to know what they are accused of, and can get a lawyer for free if needed. Victims can also share their views and experiences with the court, helping to make sure their voices are heard while still protecting the rights of those accused of crimes. The court aims to balance bringing criminals to justice with helping victims find some form of justice as well.

Facilities

Headquarters

The International Criminal Court has its main office in The Hague, Netherlands, but it can hold meetings anywhere in the world. The Court moved into its first permanent building in The Hague on December 14, 2015. This building is part of The Hague's International Zone, which also includes important places like the Peace Palace and Europol. The land and money for the building came from the Netherlands.

The old military building was torn down, and a new design was chosen from many entries. The new building has six parts connected together, with a tall green tower in the middle that has three courtrooms. Before 2015, the Court used a temporary office in The Hague.

Detention centre

The ICC has a special place to keep people who are waiting for their trial or have been found guilty. This detention centre is near the Court's main building in The Hague.

Other offices

The ICC also has offices in New York and in places where it is working, such as Kampala, Kinshasa, Bunia, Abéché, and Bangui.

Digital infrastructure

The ICC used Microsoft tools for emails, documents, and storing files until 2025. Later, some staff started using Proton Mail for emails. In late 2025, the ICC planned to switch to OpenDesk, a free and open-source software suite managed by a German group.

Funding

The International Criminal Court gets its money from countries that have agreed to support it. Each country pays based on how much it can afford, looking at things like its income and population. No single country can pay more than 22% of the Court's total budget in one year.

In 2007, the Court used about €80.5 million. Later years saw budgets grow, reaching €141.6 million by 2017. By that time, the Court had around 800 staff members from about 100 different countries.

Trial history

See also: List of people indicted in the International Criminal Court

The International Criminal Court has publicly accused 73 people of serious crimes. Right now, 39 cases are still happening: 33 people are still missing, two cases are just starting, one person is being tried, and three cases are waiting for a final decision.

So far, 35 cases have finished: three people are serving their time, seven have finished their time, four were found not guilty, eight had their charges dropped, four had their charges taken away, and nine people died before their cases were finished.

Some well-known people who have faced the Court include Joseph Kony from Uganda, former President Omar al-Bashir of Sudan, and President Uhuru Kenyatta of Kenya.

In 2015, several people from the Democratic Republic of the Congo were tried. Thomas Lubanga was given 14 years in prison, Germain Katanga was given 12 years, and Mathieu Ngudjolo Chui was found not guilty.

In March 2016, Jean-Pierre Bemba was found guilty of serious crimes, including for the first time, actions involving harm done to people. However, in June 2018, his convictions were overturned.

Other cases include Ntaganda from the Democratic Republic of the Congo, who was given 30 years in prison. Some trials, like the one for Bemba and others, and the trial for Laurent Gbagbo and Blé Goudé in Ivory Coast, ended with people being found not guilty. The trial for Banda, related to events in Sudan, was planned to start in 2014 but did not go forward.

In 2020, two groups asked the Court to look into actions against people in China, but the Court decided it could not proceed. In October 2023, families of people hurt in an attack in Israel asked the Court to investigate. The Court said it received the request.

In March 2023, the Court asked for arrest warrants for Russia’s leader Vladimir Putin and a Russian official Maria Lvova-Belova for taking children from Ukraine during the war. Russia said this was wrong. Later, the Court asked for arrest warrants for more Russian military leaders for their roles in serious crimes in Ukraine.

In May 2024, the Court’s chief prosecutor said he would ask for arrest warrants for leaders from Israel and Hamas for serious crimes during their conflict. In November 2024, warrants were issued for the leaders of Israel and one Hamas leader.

In January 2025, the Court asked for arrest warrants for leaders of the Taliban in Afghanistan for harming women and girls. In July 2025, these warrants were issued.

Investigations and preliminary examinations

By 2025, the group in charge of looking into serious wrongdoings started looking closely at places like Afghanistan, Bangladesh/Myanmar, and many others. They also looked but did not continue checking in some places such as Bolivia and Colombia. Right now, they are still looking into what happened in Nigeria.

Notes

Notes

Relationships

United Nations

The International Criminal Court (ICC) works separately from the United Nations but has some links. The United Nations Security Council can send certain situations to the ICC for investigation, even if the country involved is not part of the ICC. The Security Council can also pause an ICC investigation for a year, and this pause can be extended.

The ICC and the United Nations work together in many areas, such as sharing information and providing support. The ICC reports its activities to the United Nations each year, and some meetings happen at United Nations buildings. A special agreement guides the relationship between the ICC and the United Nations.

Nongovernmental organisations

During the 1970s and 1980s, many groups focused on human rights and helping people grew quickly. These groups played a big role in creating the ICC and continue to support it today. They watch the ICC’s work to make sure it stays fair and effective.

Many groups, like Amnesty International and Human Rights Watch, work together under the Coalition for the International Criminal Court (CICC). The CICC has members in many countries, and they share three main goals: supporting the ICC’s rules worldwide, keeping those rules strong, and making sure the ICC works fairly and independently.

These groups help the ICC by sharing information, finding people affected by crimes, and speaking up about what they think the ICC should do. They also help teach people in different countries about the ICC and its work. Even though these groups have their own goals, they team up to support the ICC’s mission.

Criticism

The International Criminal Court faces many discussions about its fairness and how it works. Some say it may favor powerful countries or not treat all cases the same. For example, how countries react to different leaders being investigated can show if they truly support fair justice for everyone.

There are also concerns that going after leaders for big crimes might make them hold onto power longer, leading to more fights and hurt. The Court depends on help from countries to carry out its work, which can make it hard to do its job well. This dependence might make some people think the Court is not as strong or fair as it should be.

There is also talk about whether the Court should look into big companies for breaking international rules. Some believe companies can do very harmful things, like taking land or harming the environment, and should be held responsible. Others worry this could change how the Court works or give companies too much attention in international law.

State reactions and criticism

African states

In October 2016, after claims that the court treated African states unfairly, Burundi, South Africa and The Gambia said they would leave the court’s rules. Later, after an election in Gambia, the country changed its mind. In South Africa, a court decided the government could not leave without permission, so the country took back its decision.

African accusations of Western imperialism

The court has been called unfair for focusing mostly on African leaders while ignoring powerful countries. Some African leaders feel the court supports Western interests. This idea came up especially when leaders from Kenya faced charges. One leader from Sudan visited several countries without being arrested, even though the court had issued a warrant for him.

African Union (AU) withdrawal proposal

In 2015, some leaders talked about leaving the court together, but others, like Botswana, supported it. The group decided not to leave but said leaders should not be put on trial while in office. Later, Burundi, South Africa, and The Gambia said they would leave, but South Africa and The Gambia changed their minds.

Israel

In 2020, a court official said there were reasons to look into actions by Israel and Palestinian groups. Israel did not agree and said the official’s words were wrong. In 2024, the court issued warrants for leaders of Israel, which Israel called unfair. Some countries said they would not arrest these leaders.

Philippines

In 2018, the Philippines said it would leave the court because the court wanted to look into the country’s actions. In 2025, a leader from the Philippines was arrested by the court.

Russia

In 2023, the court issued warrants for Russia’s leader and others for their actions in Ukraine. Russia did not accept these warrants and said they were not valid. Russia also issued warrants for court officials.

United States

The United States has often opposed the court. In 2020, the country put sanctions on court officials who were looking into actions by U.S. forces. In 2025, the United States put sanctions on court judges for looking into leaders from the United States and Israel.

United Kingdom

In 2024, it was reported that the United Kingdom threatened to stop supporting the court if it issued warrants for Israeli leaders. However, the country did not take this action after the warrants were issued.