International Criminal Court (ICC) (DP IB Global Politics: HL): Revision Note

The Rome Statute

• A criminal court is a court which puts individual people on trial for crimes

  • An international criminal court can try people from any state

• In the 1990s two genocides took place in Rwanda and the former Yugoslavia

  • The international community, including states, IGOs, NGOs and many other actors, questioned how justice could be achieved so that those responsible would be punished

    • It was argued that political leaders, soldiers and civilians can all participate in atrocities and so all should be held accountable

• The Rome Statute is an international law which came into force in 2002

  • It established the International Criminal Court (ICC) to hold individuals (not states) accountable for their crimes

    • The ICC is located in The Hague, Netherlands

• Currently 125 states fully support the Rome Statute and the ICC

Jurisdiction and impact on justice

• Jurisdiction relates to the extent of the power of the ICC and what they are able to do legally

Areas of ICC jurisdiction

• The ICC has jurisdiction over two types of crimes committed after the court was established in 2002

  1. Human rights crimes that concern the global community, such as 

     • Genocide

     • Crimes against humanity

     • War crimes 

  2. Crimes of aggression, such as threats made and/or violence used against a state

• An arrest warrant can be issued for individuals suspected to be responsible for the crimes over which the ICC has jurisdiction

  • States that have ratified the Rome Statute are legally required to cooperate with the court

  • Anyone can be prosecuted, from heads of state to ordinary civilians

    • However, the crime must have been committed in a state that has ratified the Rome Statute, or the suspect must have the nationality of a state that has ratified the Rome Statute

Impact on justice

• The court provides an opportunity for victims, survivors and their families to take part or simply observe proceedings so that they can see that someone is held accountable

  • These people are also able to seek financial compensation if the suspect is found to be guilty

  • Communities that suffered can be given a sense of closure and peace, and reconciliation is possible

• The court provides a warning to all individuals who commit horrific human rights abuses that they could be held liable

• Global condemnation of the crimes provides a sense of justice

Strengths and limitations of the ICC