What is the International Criminal Court?




The International Criminal Court has jurisdiction over cases involving war crimes, crimes against humanity, genocide, and aggression. The ICC is separate from the United Nations, but the two organizations work closely together. Indeed, one way cases can end up before the ICC is when they are referred by the UN Security Council. Otherwise, cases must have taken place in the territory of a party state or committed by a national of a party state. Notably, except for the crime of aggression, the ICC can only prosecute individuals but not states or organizations.

The Rome Statute also defines the procedures for investigations, prosecutions, and trials. However, the ICC only can hear cases if the crime was committed after July 1, 2002, when the Rome Statute came into effect. The Rome Statute also addresses issues such as admissibility and applicable law, trials, penalties, appeal and revision, international cooperation and judicial assistance, and enforcement.

Regarding immunity, the ICC only recognizes one type – the court cannot prosecute those under 18 when the crime was committed. As such, even officials such as heads of state can be prosecuted by the ICC.

In terms of locations, International Court of Justice is housed inside the Peace Palace in The Hague. Additionally, there are criminal tribunals and other international courts in other locations in the world. As of 2025, there are 125 countries who have signed on to the Rome Statute. Notably, the United States is not a party state.

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