The International Criminal Court (ICC) is a global judicial body that investigates and prosecutes individuals for crimes such as genocide, war crimes, and crimes against humanity. Recently, the ICC has been in the news due to U.S. sanctions, which have been condemned by several nations. Read on to learn about the structure and functions of the International Criminal Court.
In response to the International Criminal Court's decision to issue arrest warrants for Israeli officials over alleged war crimes related to the Gaza conflict, the United States imposed sanctions on the court. The U.S. executive order, which also targets ICC officials, argues that these actions threaten U.S. and Israeli personnel and set a dangerous precedent.
The U.S. and Israel do not recognize the ICC’s jurisdiction, despite 125 states being parties to the Rome Statute. The ICC later condemned the executive order signed by U.S. President Donald Trump, arguing that the order sought to undermine its independent and impartial judicial work.
The International Criminal Court (ICC) was established in 2002 under the Rome Statute. It is the first permanent international court with jurisdiction to prosecute individuals for the world’s most serious crimes. Unlike the International Court of Justice (ICJ), which handles disputes between states, the ICC focuses on holding individuals accountable.
The ICC works independently but collaborates with the United Nations and member states to ensure justice. It aims to end impunity for war crimes, crimes against humanity, genocide, and aggression.
About the International Criminal Court (ICC) |
|
Establishment |
By Rome Statute, adopted on July 17, 1998, and entered into force on July 1, 2002 |
Headquarters |
The Hague, Netherlands |
Crimes Covered |
Genocide, War Crimes, Crimes Against Humanity, Crime of Aggression |
Jurisdiction |
Crimes committed on or after 1 July 2002 |
Member Parties |
125 (India, U.S., China, Russia, and Israel are not parties) |
Official Languages |
English, French, Arabic, Chinese, Russian, Spanish |
Organs |
The ICC is composed of four organs: the Presidency, the Judicial Divisions, the Office of the Prosecutor, and the Registry |
Judges |
Elected by the Assembly of States Parties, who serve non-renewable nine-year terms |
Enforcement of Order |
Relies on state cooperation for arrests and surrenders. Does not have its own police force. |
Relation with UN |
ICC is independent but has a cooperation agreement with the United Nations. |
Conditions for Investigation |
ICC can investigate if national judicial systems fail to conduct genuine investigations/prosecutions. |
The International Criminal Court (ICC) consists of four main organs:
The Presidency: Consists of three judges (the President and two Vice-Presidents) elected from among the judges.
The Judicial Divisions: It is the judicial organ of the ICC, composed of 18 judges, organized into three chambers: the Pre-Trial Chamber, Trial Chamber, and Appeals Chamber.
The Office of the Prosecutor: Responsible for receiving referrals and substantiated information on crimes, conducting investigations, and prosecuting cases before the Court.
The Registry: Provides administrative and operational support to the Chambers and the Office of the Prosecutor.
ICC Judges are elected to the Court by the Assembly of States Parties. While it is not considered an organ of the court, it functions as the court's management, oversight, and legislative body.
Currently, Judge Tomoko Akane from Japan is the President of the International Criminal Court. She took office on March 11, 2024, and her term will expire in 2027. The President of the ICC is elected by the judges from among themselves for a three-year term and is typically the seniormost judge.
The Presidency is one of the four organs of the ICC, responsible for the proper administration of the Court, excluding the Office of the Prosecutor. The Presidency consists of the President and two Vice-Presidents. Judge Rosario Salvatore Aitala and Judge Reine Alapini-Gansou are the current Vice-Presidents.
As of 2025, there are 125 countries that are states parties to the Rome Statute of the International Criminal Court. The regional distribution of ICC member countries is as follows:
African States - 33
Asia-Pacific States - 19
Eastern European States - 20
Latin American and Caribbean States - 28
Western European and other States - 25
A total of 40 countries have not signed the treaty, including:
China
India
Indonesia
Iraq
North Korea
Saudi Arabia
Turkey
While some other countries have signed the Rome statute, their legislatures never ratified it meaning they do not recognise the ICC’s jurisdiction. These include:
United States
Israel
Russia
Iran
Syria
The functions of the International Criminal Court (ICC) include:
Prosecuting International Crimes: The ICC prosecutes individuals for crimes such as genocide, war crimes, crimes against humanity, and the crime of aggression.
Ensuring Justice and Accountability: It seeks to hold individuals accountable for grave international crimes, aiming to deter future atrocities and ensure justice for victims.
Providing Legal Assistance: The Court offers support to states in investigating and prosecuting crimes, as part of the international legal framework.
Judicial Oversight: The ICC ensures the proper administration of justice through its judicial divisions, including hearings, trials, and appeals.
Promoting International Law: The ICC helps develop international criminal law, contributing to the establishment of a rules-based global order.
The ICC is intended to complement national courts, stepping in only when a country is unable or unwilling to properly investigate and prosecute criminals.
The International Criminal Court has jurisdiction over crimes committed in member states or by their citizens. Non-member states are not bound by its rulings unless referred by the UN Security Council. The ICC jurisdiction covers four main crimes:
Genocide: Acts intended to destroy a national, ethnic, racial, or religious group.
Crimes against humanity: Widespread or systematic attacks against civilians, such as slavery and torture.
War crimes: Serious violations of the laws of war, including targeting civilians and using child soldiers.
Crimes of aggression: The use of armed force by a state against another in violation of the UN Charter.
In conclusion, the International Criminal Court plays a crucial role in delivering justice for the world’s most serious crimes. Despite facing political challenges, it continues to hold individuals accountable and promote global legal standards.