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What Is the International Criminal Court and What Can It Do?

By Freedom251 Team · · 3 min read

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The International Criminal Court (ICC) is a permanent court in The Hague that prosecutes individuals—not countries—for genocide, crimes against humanity, war crimes and the crime of aggression. It can investigate and try people only when it has jurisdiction under the Rome Statute and a case meets the Court’s admissibility rules. It has no police force of its own, so it depends on states to arrest suspects and enforce sentences.

What is the ICC?

The ICC was created by the Rome Statute, adopted on 17 July 1998 and in force since 1 July 2002. It is a permanent international criminal court seated in The Hague. Its jurisdiction concerns individual criminal responsibility; it does not prosecute states or companies. The ICC describes itself as a court of last resort that seeks to “complement, not replace, national Courts.” ICC: About the Court

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That distinction matters: national courts retain primary responsibility for prosecuting crimes. The ICC is not a world government, a general international police service or an appeals court for domestic cases.

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What crimes can it prosecute?

The Rome Statute gives the Court jurisdiction over four categories of crime. Each has distinct legal elements; everyday descriptions are not a substitute for those definitions.

  • Genocide: specified acts committed with the intent to destroy, in whole or in part, a national, ethnic, racial or religious group.
  • Crimes against humanity: specified acts committed as part of a widespread or systematic attack directed against a civilian population.
  • War crimes: serious violations of the laws and customs applicable in armed conflict, as defined by the Statute.
  • The crime of aggression: a distinct crime concerning the planning, preparation, initiation or execution of an act of aggression, subject to special jurisdictional conditions.

The treaty and its Elements of Crimes provide the controlling legal detail; the labels alone do not establish that a crime occurred. Rome Statute · Elements of Crimes

When does the ICC have jurisdiction?

Time limit

The Court can deal only with crimes committed on or after 1 July 2002, when the Rome Statute entered into force. It cannot prosecute conduct from before that date under its Statute.

Connection to a state or a Security Council referral

In general, the Court may exercise jurisdiction where alleged crimes were committed on the territory of a State Party or a state that has accepted its jurisdiction, where the accused is a national of such a state, or where the United Nations Security Council refers a situation under the Statute. These routes do not make the ICC a court for every serious crime anywhere. Aggression has additional rules and should not be assumed to follow the ordinary jurisdiction pathways.

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Complementarity: national proceedings come first

Whether a case is admissible depends in part on what national authorities are genuinely doing about that particular case. A case may be inadmissible when a state with jurisdiction is genuinely investigating or prosecuting it. The ICC can act when relevant national proceedings are absent or are not genuine because the state is unwilling or unable to carry them out. This is a case-specific test, not a takeover of a country’s justice system. Rome Statute

What happens after an investigation begins?

The Office of the Prosecutor conducts preliminary examinations, investigations and prosecutions. Judges—not prosecutors alone—decide whether to issue an arrest warrant or a summons to appear. A case can proceed through pre-trial, trial and appeals stages. The accused has fair-trial rights and is presumed innocent unless and until proven guilty. ICC: How the Court Works

A warrant is not an arrest or a conviction

An arrest warrant is a judicial measure authorizing a suspect’s arrest; it does not mean the person has been arrested, tried or found guilty. The ICC says its arrest warrants remain valid for life. But the Court has no police force to execute them: it relies on states to arrest and surrender suspects, transfer them to The Hague, and assist with enforcement. That reliance is why a warrant may remain outstanding. ICC: How the Court Works

Victims, protection and reparations

Victims may participate in proceedings under arrangements set by the judges and present their views and concerns, including through legal representatives. The Court can also provide protective measures for victims and witnesses. In cases that end in conviction, judges may order reparations; that does not mean every person harmed automatically receives compensation from the ICC. ICC: How the Court Works · ICC: Victims

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How large is the Court’s caseload?

The ICC’s 2026 overview reports the following cumulative figures. They are the Court’s own reported totals and can change; they are not independently verified figures in this article. ICC: About the Court

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ICC-reported measure 2026 figure
Cases before the Court 34
Arrest warrants issued 66
People detained in the ICC detention centre and appeared before the Court 23
People remaining at large 33
Charges dropped due to the accused person’s death 8
Summonses to appear issued 9
Convictions 15
Acquittals 4
Court budget €196,852,900

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ICCInternational Criminal Courtinternational lawRome Statutewar crimes

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