The International Criminal Court FAQ

For more than half a century since the Nuremberg and Tokyo trials, states have mostly failed to bring to justice people responsible for committing genocide, crimes against humanity or war crimes.

With the creation of the International Criminal Court (ICC), the world has begun to fulfill the post-World War II promise of "never again."

To date, the Court has issued 12 public arrest warrants. It made its first arrest in March 2006. Five defendants are in custody in The Hague.

The Court started its first trial on 26 January 2009. The Prosecutor accuses Thomas Lubanga Dyilo of recruiting, conscripting and using children in his militia, which was fighting in the Democratic Republic of Congo in 2002-2003. Using children younger than 15 is a war crime under international law.

What is the ICC?

The ICC is the world's first permanent, international tribunal that will try individuals responsible for the most serious international crimes and provide redress to victims when states are unable or unwilling to do so.

It was created when the Rome Statute of the International Criminal Court ("Rome Statute") was adopted on 17 July 1998 at a diplomatic conference in Rome.

The court opened its doors on 1 July 2002. The ICC has 111 members states.

What crimes does the ICC prosecute?

The ICC prosecutes individuals accused of genocide, war crimes, and crimes against humanity, all defined in the Rome Statute.

The Court will also have jurisdiction over the crime of aggression once a definition has been adopted by the Assembly of States Parties.

Is the Court able to prosecute individuals for crimes committed before the Court's establishment?

No. The Court has jurisdiction only over crimes committed after July 1, 2002, when the Rome Statute entered into force.

Who can be brought to trial before the ICC?

The Court does not have universal jurisdiction.

The Court exercises jurisdiction over serious international crimes only if they were committed on the territory of a state party or by one of its nationals.

These conditions however do not apply if a situation is referred to the Prosecutor by the United Nations Security Council, whose resolutions are binding on all UN member states, or if a State makes a declaration accepting the jurisdiction of the Court.

When can the Court prosecute an individual suspected of committing grave crimes under international law?

The Court may investigate and prosecute an individual when:

the accused is a citizen of an ICC member state;
the alleged crime took place on the territory of an ICC member state;
the UN Security Council asks the ICC to open an investigation; or
a country voluntarily accepts ICC jurisdiction.

Do people enjoy immunity from the court?

No. Everyone can be prosecuted: head of states, members of government or parliament or elected representatives or public officials.

Superiors or military commanders may be held responsible for criminal offences committed by persons under their command or control.

The ICC cannot prosecute persons who were under the age of 18 at the time a crime was allegedly committed.

When will the ICC investigate and prosecute crimes?

The ICC is a court of last resort.

It will only prosecute war crimes suspects when states are not able or are not willing to prosecute the most serious international crimes.

Bona fide efforts to discover the truth and to hold accountable those responsible for any acts of genocide, crimes against humanity, or war crimes will bar the ICC from proceeding.

Who can bring cases to the ICC?

The Prosecutor can start an investigation or prosecution in three different ways:

states Parties to the ICC can refer situations to the Prosecutor;
the United Nations Security Council can request the Prosecutor to launch an investigation;
the prosecutor may start investigations when he receives reliable complaints by anyone. However, in this case, the prosecutor must seek authorisation from three independent judges.

Where is the ICC located and who is paying for the court?

The ICC has its permanent seat in The Hague, the Netherlands. When necessary, it may also sit in other countries.

The countries who are party to the ICC provide the funding for the court.

The United Nations also contributes funds, especially when the ICC investigates and prosecutes cases referred to it by the UN Security Council.

How is the ICC different from the International Court of Justice and the international tribunals for the former Yugoslavia and Rwanda?

The International Court of Justice (or World Court) is a tribunal that hears disputes between countries. The ICC is a criminal tribunal that prosecutes individuals.

The two ad hoc war crimes tribunals for the former Yugoslavia and Rwanda are similar to the ICC but have a limited geographical and time scope while the ICC is global in its reach.

Who can join the ICC?

All countries of the world can join the ICC. Members must accept the court's jurisdiction and cooperate with the court in investigating and prosecuting crimes and enforcing penalties.

How do the ICC and the UN Security Council work together?

The Security Council may refer cases to the ICC for investigation and prosecution. The Security Council may also request the ICC to suspend investigations for 12 months at a time if it feels that ICC proceedings might interfere with the Security Council's responsibility to maintain peace and security.

What are the rights of those accused of a crime by the ICC?

The ICC treaty contains a detailed list of the rights that any accused person shall enjoy, including the presumption of innocence, the right to counsel, to present evidence, the right to remain silent, and the right to have charges proved beyond a reasonable doubt.

The ICC provides logistical assistance and if necessary, financial aid to defence teams.

Who is the prosecutor?

The chief Prosecutor is Luis Moreno Ocampo from Argentina, assisted by Deputy Prosecutor Fatou Bensouda from Gambia.

The Prosecutor is to receive and analyse referrals and communications in order to determine whether there is a reasonable basis to investigate, to conduct investigations into genocide, crimes against humanity and war crimes and to prosecute persons responsible for such crimes.

What is the role of victims?

Victims can send information to the Prosecutor concerning crimes within the jurisdiction of the Court. But they can also, for the first time in the history of international criminal justice, participate in proceedings and request reparations.

This means that they may present their views and concerns at all stages of the proceedings.

The Court may order various types of reparation for victims which may include restitution, rehabilitation and compensation.

There is also a Trust Fund for Victims and families of victims of crimes the court deals with, to make possible some form of reparation even when the convicted person does not have sufficient assets to make such reparation.

Where is the court carrying out investigations?

Where is the court monitoring situations?