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History

Background

The establishment of an international tribunal to judge political leaders accused of international crimes was first proposed during the Paris Peace Conference in 1919 following the First World War by the Commission of Responsibilities.⁴⁵ The issue was addressed again at a conference held in Geneva under the auspices of the League of Nations in 1937, which resulted in the conclusion of the first convention stipulating the establishment of a permanent international court to try acts of international terrorism.⁶ The convention was signed by 13 states, but none ratified it and the convention never entered into force.⁷

Following the Second World War, the allied powers established two ad hoc tribunals to prosecute Axis leaders accused of war crimes. The International Military Tribunal, which sat in Nuremberg, prosecuted German leaders while the International Military Tribunal for the Far East in Tokyo prosecuted Japanese leaders.⁸ In 1948 the United Nations General Assembly first recognized the need for a permanent international court to deal with atrocities of the kind prosecuted after World War II.⁹ At the request of the General Assembly, the International Law Commission (ILC) drafted two statutes by the early 1950s but these were shelved during the Cold War, which made the establishment of an international criminal court politically unrealistic.¹⁰

Benjamin B. Ferencz, an investigator of Nazi war crimes after World War II and the Chief Prosecutor for the United States Army at the Einsatzgruppen trial, became a vocal advocate of the establishment of international rule of law and of an international criminal court. In his book Defining International Aggression: The Search for World Peace (1975), he advocated for the establishment of such a court.¹¹ Another leading proponent was Robert Kurt Woetzel, a German-born professor of international law, who co-edited Toward a Feasible International Criminal Court in 1970 and created the Foundation for the Establishment of an International Criminal Court in 1971.¹²

Formal proposal and establishment

In June 1989, the Prime Minister of Trinidad and Tobago, A. N. R. Robinson, revived the idea of a permanent international criminal court by proposing the creation of tribunal to address the illegal drug trade.¹³¹⁴ In response, the General Assembly tasked the ILC with once again drafting a statute for a permanent court.¹⁵¹⁶

While work began on the draft, the UN Security Council established two ad hoc tribunals in the early 1990s: The International Criminal Tribunal for the former Yugoslavia, created in 1993 in response to large-scale atrocities committed by armed forces during the Yugoslav Wars, and the International Criminal Tribunal for Rwanda, created in 1994 following the Rwandan genocide. The creation of these tribunals further highlighted to many the need for a permanent international criminal court.¹⁷¹⁸

In 1994, the ILC presented its final draft statute for the International Criminal Court to the General Assembly and recommended that a conference be convened to negotiate a treaty that would serve as the Court's statute.¹⁹

To consider major substantive issues in the draft statute, the General Assembly established the Ad Hoc Committee on the Establishment of an International Criminal Court, which met twice in 1995.²⁰²¹ After considering the Committee's report, the General Assembly created the Preparatory Committee on the Establishment of the ICC to prepare a consolidated draft text.²²²³

From 1996 to 1998, six sessions of the Preparatory Committee were held at the United Nations headquarters in New York City, during which NGOs provided input and attended meetings under the umbrella organisation of the Coalition for the International Criminal Court (CICC). In January 1998, the Bureau and coordinators of the Preparatory Committee convened for an Inter-Sessional meeting in Zutphen in the Netherlands to technically consolidate and restructure the draft articles into a draft.²⁴

Finally, the General Assembly convened a conference in Rome in June 1998, with the aim of finalizing the treaty to serve as the Court's statute. On 17 July 1998, the Rome Statute of the International Criminal Court was adopted by a vote of 120 to seven, with 21 countries abstaining. The seven countries that voted against the treaty were China, Iraq, Israel, Libya, Qatar, the U.S., and Yemen.²⁵

Israel's opposition to the treaty stemmed from the inclusion in the list of war crimes "the action of transferring population into occupied territory",²⁶ a provision added during the Rome Conference at the insistence of Arab countries with the specific intention of targeting Israeli citizens.²⁷

The UN General Assembly voted on 9 December 1999 and again on 12 December 2000 to endorse the ICC.²⁸²⁹

Following 60 ratifications, the Rome Statute entered into force on 1 July 2002 and the International Criminal Court was formally established.³⁰³¹

The first bench of 18 judges was elected by the Assembly of States Parties in February 2003. They were sworn in at the inaugural session of the Court on 11 March 2003.³²

The Court issued its first arrest warrants on 8 July 2005,³³ and the first pre-trial hearings were held in 2006.³⁴

The Court issued its first judgment in 2012 when it found Congolese rebel leader Thomas Lubanga Dyilo guilty of war crimes related to using child soldiers.³⁵ Lubanga was sentenced to 14 years in prison.³⁶

In 2010, the states parties of the Rome Statute held the first Review Conference of the Rome Statute of the International Criminal Court in Kampala, Uganda.³⁷ The Review Conference led to the adoption of two resolutions that amended the crimes under the jurisdiction of the Court. Resolution 5 amended Article 8 on war crimes, criminalizing the use of certain kinds of weapons in non-international conflicts whose use was already forbidden in international conflicts. Resolution 6, pursuant to Article 5(2) of the Statute, provided the definition and a procedure for jurisdiction over the crime of aggression.³⁸

Organization

The ICC has four principal organs: the Presidency, the Judicial Divisions, the Office of the Prosecutor and the Registry.³⁹⁴⁰

• The President is the most senior judge chosen by the eighteen judges in the Judicial Division.
• The Judicial Division is composed of eighteen judges and hears cases before the Court.
• The Office of the Prosecutor is headed by the Prosecutor, who investigates crimes and initiates criminal proceedings before the Judicial Division.
• The Registry is headed by the Registrar and is charged with managing all the administrative functions of the ICC, including the headquarters, detention unit, and public defense office.

The ICC employs over 900 personnel from roughly 100 countries and conducts proceedings in English and French.⁴¹

Operation

The ICC began operations on 1 July 2002, upon the entry into force of the Rome Statute, a multilateral treaty that serves as the court's charter and governing document. States which become party to the Rome Statute become members of the ICC, serving on the Assembly of States Parties, which administers the court. As of January 2025, there are 125 ICC member states, 29 states have signed but not ratified the Rome Statute (including four who have withdrawn their signature) and 41 states have neither signed nor become parties to the Rome Statute.⁴²

Intended to serve as the "court of last resort", the ICC complements existing national judicial systems and may exercise its jurisdiction only when national courts are unwilling or unable to prosecute criminals.⁴³ It lacks universal territorial jurisdiction and may only investigate and prosecute crimes committed within member states, crimes committed by nationals of member states, or crimes in situations referred to the Court by the United Nations Security Council.⁴⁴⁴⁵⁴⁶

The ICC held its first hearing in 2006, concerning war crimes charges against Thomas Lubanga Dyilo, a Congolese warlord accused of recruiting child soldiers; his subsequent conviction in 2012 was the first in the court's history. The Office of the Prosecutor has opened twelve official investigations and is conducting an additional nine preliminary examinations.

Dozens of individuals have been indicted in the ICC, including Ugandan rebel leader Joseph Kony, former President Omar al-Bashir of Sudan, President Uhuru Kenyatta of Kenya, Libyan head of state Muammar Gaddafi, President Laurent Gbagbo of Ivory Coast and former Vice President Jean-Pierre Bemba of the Democratic Republic of the Congo.

On 17 March 2023, ICC judges issued arrest warrants for Russian president Vladimir Putin and the Presidential Commissioner for Children's Rights in Russia Maria Lvova-Belova^47484950 for child abductions in the 2022 Russian invasion of Ukraine. Russia denounced the arrest warrants as "outrageous".⁵¹⁵² Putin became the first head of state of a U.N. Security Council Permanent Member to be the subject of an ICC arrest warrant.⁵³ Although Russia withdrew its signature from the Rome Statute in 2016, and is thus not a participant in the ICC nor under its jurisdiction, Putin can be charged for actions against Ukraine, which is not a party but has accepted jurisdiction of the court since 2014. Should Putin travel to a state party, he can be arrested by local authorities.⁵⁴ Later in 2023, Russia's Ministry of Internal Affairs retaliated by placing several ICC officials on its wanted list.⁵⁵⁵⁶⁵⁷ In March 2024, the ICC issued two more arrest warrants, for Sergey Kobylash, the commander of the Long-Range Aviation of the Russian Aerospace Forces, and Viktor Sokolov, the commander of the Black Sea Fleet over their role in war crimes in Ukraine.⁵⁸

On 20 May 2024, the ICC's chief prosecutor Karim Khan announced his intention to seek arrest warrants for Israeli prime minister Benjamin Netanyahu, Israeli defense minister Yoav Gallant, leader of Hamas Yahya Sinwar, leader of the Al Qassem Brigades Mohammed Deif, and Hamas political leader Ismail Haniyeh in connection to war crimes committed in the Israel-Hamas war.^5960616263 On November 21, warrants were formally issued for Netanyahu, Gallant and Deif.⁶⁴⁶⁵ Warrants for Haniyeh and Sinwar were withdrawn following confirmation of their deaths in July and October respectively.⁶⁶

On 23 January 2025, the ICC's chief prosecutor Karim Khan announced requests for arrest warrants against Taliban leader Haibatullah Akhundzada and the chief justice of Afghanistan Abdul Hakim Haqqani, for crimes against humanity of the oppression and persecution of Afghan women and girls, who have been deprived of the freedom of movement, the rights to control their bodies, to education, and to a private and family life. Alleged resistance and opposition are brutally suppressed with murder, imprisonment, torture, rape, and other forms of sexual violence, since 2021.⁶⁷

Establishing the court's jurisdiction

The process to establish the court's jurisdiction may be "triggered" by any one of three possible sources: (1) a state party, (2) the Security Council or (3) a prosecutor. It is then up to the prosecutor acting proprio motu to initiate an investigation under the requirements of Article 15 of the Rome Statute. The procedure is slightly different when referred by a state party or the Security Council, in which cases the prosecutor does not need authorization of the Pre-Trial Chamber to initiate the investigation. Where there is a reasonable basis to proceed, it is mandatory for the prosecutor to initiate an investigation. The factors listed in Article 53 considered for reasonable basis include whether the case would be admissible, and whether there are substantial reasons to believe that an investigation would not serve the interests of justice (the latter stipulates balancing against the gravity of the crime and the interests of the victims).⁶⁸⁶⁹

Structure

The ICC is governed by the Assembly of States Parties, which is made up of the states that are party to the Rome Statute.⁷⁰ The Assembly elects officials of the Court, approves its budget, and adopts amendments to the Rome Statute. The Court itself has four organs: the Presidency, the Judicial Divisions, the Office of the Prosecutor, and the Registry.⁷¹

State parties

Main article: States parties to the Rome Statute

As of January 2025[update], 125 states⁷² are parties to the Statute of the Court, including all the countries of South America, nearly all of Europe, most of Oceania and roughly half of Africa.⁷³⁷⁴ Burundi and the Philippines were member states, but later withdrew effective 27 October 2017⁷⁵ and 17 March 2019,⁷⁶ respectively.⁷⁷⁷⁸ A further 29 countries⁷⁹ have signed but not ratified the Rome Statute.⁸⁰⁸¹ The law of treaties obliges these states to refrain from "acts which would defeat the object and purpose" of the treaty until they declare they do not intend to become a party to the treaty.⁸² Four signatory states—Israel in 2002,⁸³ the United States on 6 May 2002,⁸⁴⁸⁵ Sudan on 26 August 2008,⁸⁶ and Russia on 30 November 2016⁸⁷—have informed the UN Secretary General that they no longer intend to become states parties and, as such, have no legal obligations arising from their signature of the Statute.⁸⁸⁸⁹

Forty-one additional states⁹⁰ have neither signed nor acceded to the Rome Statute. Some of them, including China and India, are critical of the Court.⁹¹⁹²

Assembly

The Court's management oversight and legislative body, the Assembly of States Parties, consists of one representative from each state party.⁹³: article 112  Each state party has one vote and "every effort" has to be made to reach decisions by consensus.⁹⁴: article 112  If consensus cannot be reached, decisions are made by vote.⁹⁵: article 112  The Assembly is presided over by a president and two vice-presidents, who are elected by the members to three-year terms.

The Assembly meets in full session once a year, alternating between New York and The Hague, and may also hold special sessions where circumstances require.⁹⁶: article 112  Sessions are open to observer states and non-governmental organizations.⁹⁷

The Assembly elects the judges and prosecutors, decides the Court's budget, adopts important texts (such as the Rules of Procedure and Evidence), and provides management oversight to the other organs of the Court.⁹⁸⁹⁹: article 112  Article 46 of the Rome Statute allows the Assembly to remove from office a judge or prosecutor who "is found to have committed serious misconduct or a serious breach of his or her duties" or "is unable to exercise the functions required by this Statute".¹⁰⁰: article 46 

The states parties cannot interfere with the judicial functions of the Court.¹⁰¹ Disputes concerning individual cases are settled by the Judicial Divisions.¹⁰²

In 2010, Kampala, Uganda hosted the Assembly's Rome Statute Review Conference.¹⁰³

Organs

The Court has four organs: the Presidency, the Judicial Division, the Office of the Prosecutor, and the Registry.

Presidency

Main article: Presidency of the International Criminal Court

The Presidency is responsible for the proper administration of the Court (apart from the Office of the Prosecutor).¹⁰⁴ It comprises the President and the First and Second Vice-Presidents—three judges of the Court who are elected to the Presidency by their fellow judges for a maximum of two three-year terms.¹⁰⁵: article 38 

As of March 2024, the President is Tomoko Akane from Japan, who took office on 11 March 2024, succeeding Piotr Hofmański. Her first term will expire in 2027.¹⁰⁶

Judicial Division

Main article: Judges of the International Criminal Court

The Judicial Divisions consist of the 18 judges of the Court, organized into three chambers—the Pre-Trial Chamber, Trial Chamber and Appeals Chamber — which carry out the judicial functions of the Court.¹⁰⁷ Judges are elected to the Court by the Assembly of States Parties.¹⁰⁸ They serve nine-year terms and are not generally eligible for re-election.¹⁰⁹ All judges must be nationals of states parties to the Rome Statute, and no two judges may be nationals of the same state.¹¹⁰: article 36  They must be "persons of high moral character, impartiality and integrity who possess the qualifications required in their respective States for appointment to the highest judicial offices".¹¹¹: article 36 

The Prosecutor or any person being investigated or prosecuted may request the disqualification of a judge from "any case in which his or her impartiality might reasonably be doubted on any ground".¹¹²: article 41  Any request for the disqualification of a judge from a particular case is decided by an absolute majority of the other judges.¹¹³: article 41  Judges may be removed from office if "found to have committed serious misconduct or a serious breach of his or her duties" or is unable to exercise his or her functions.¹¹⁴: article 46  The removal of a judge requires both a two-thirds majority of the other judges and a two-thirds majority of the states parties.¹¹⁵: article 46 

Office of the Prosecutor

Main article: Prosecutor of the International Criminal Court

The Office of the Prosecutor (OTP) is responsible for conducting investigations and prosecutions.¹¹⁶ It is headed by the Prosecutor of the International Criminal Court, who is assisted by one or more Deputy Prosecutors.¹¹⁷ The Rome Statute provides that the Office of the Prosecutor shall act independently;¹¹⁸: article 42  as such, no member of the Office may seek or act on instructions from any external source, such as states, international organisations, non-governmental organisations or individuals.¹¹⁹

The Prosecutor may open an investigation under three circumstances:¹²⁰

• when a situation is referred by a state party;
• when a situation is referred by the United Nations Security Council, acting to address a threat to international peace and security; or
• when the Pre-Trial Chamber authorises the prosecutor to open an investigation on the basis of information received from other sources, such as individuals or non-governmental organisations.

Any person being investigated or prosecuted may request the disqualification of a prosecutor from any case "in which their impartiality might reasonably be doubted on any ground".¹²¹: article 42  Requests for the disqualification of prosecutors are decided by the Appeals Chamber.¹²²: article 42  A prosecutor may be removed from office by an absolute majority of the states parties through a finding "to have committed serious misconduct or a serious breach of his or her duties" or is unable to exercise his or her functions.¹²³: article 46  One critic said there are "insufficient checks and balances on the authority of the ICC prosecutor and judges" and "insufficient protection against politicized prosecutions or other abuses".¹²⁴ Luis Moreno-Ocampo, chief ICC prosecutor, stressed in 2011 the importance of politics in prosecutions: "You cannot say al-Bashir is in London, arrest him. You need a political agreement."¹²⁵ Henry Kissinger says the checks and balances are so weak that the prosecutor "has virtually unlimited discretion in practice".¹²⁶

Lead prosecutor Luis Moreno Ocampo of Argentina, in office from 2003 to 2012, was succeeded in the role by Fatou Bensouda of Gambia, who served from 16 June 2012 to 16 June 2021¹²⁷ (she was elected to the nine-year term on 12 December 2011).¹²⁸

On 12 February 2021, British barrister Karim Khan was selected in a secret ballot against three other candidates to serve as lead prosecutor as of 16 June 2021. As British barrister, Khan had headed the United Nations' special investigative team when it looked into Islamic State crimes in Iraq. At the ICC, he had been lead defense counsel on cases from Kenya, Sudan and Libya.¹²⁹

Policy Paper

A Policy Paper is a document occasionally published by the Office of the Prosecutor which puts forth the considerations given to the topics the office focuses on, and often the criteria for case selection.¹³⁰ While a policy paper does not give the Court jurisdiction over a new category of crimes, it promises what the Office of Prosecutor will consider when selecting cases in the upcoming term of service. OTP's policy papers are subject to revision.¹³¹

The five following Policy Papers have been published since the start of the ICC:

• 1 September 2007: Policy Paper on the Interest of Justice¹³²
• 12 April 2010: Policy Paper on Victims' Participation¹³³
• 1 November 2013: Policy Paper on Preliminary Examinations¹³⁴
• 20 June 2014: Policy Paper on Sexual and Gender-Based Crimes¹³⁵
• 15 September 2016: Policy paper on case selection and prioritisation¹³⁶
• 15 November 2016: Policy on Children¹³⁷

Environmental crimes

The Policy Paper published in September 2016 announced that the ICC will focus on environmental crimes when selecting the cases.¹³⁸ According to this document, the Office will give particular consideration to prosecuting Rome Statute crimes that are committed by means of, or that result in, "inter alia, the destruction of the environment, the illegal exploitation of natural resources or the illegal dispossession of land".¹³⁹

This has been interpreted as a major shift in environmental law¹⁴⁰¹⁴¹ and a move with significant effects.¹⁴²¹⁴³

Registry

The Registry is responsible for the non-judicial aspects of the administration and servicing of the Court.¹⁴⁴ This includes, among other things,

The administration of legal aid matters, court management, victims and witnesses matters, defence counsel, detention unit, and the traditional services provided by administrations in international organisations, such as finance, translation, building management, procurement and personnel.¹⁴⁵

The Registry is headed by the Registrar, who is elected by the judges to a five-year term.¹⁴⁶ As of April 2023 the Registrar is Osvaldo Zavala Giler.¹⁴⁷

List of Registrars of the International Criminal Court

Registrar	Term	Reference
Bruno Cathala	2003–2008	148
Silvana Arbia	2008–2013	149
Herman von Hebel	2013–2018	150
Peter Lewis	2018–2023	151
Osvaldo Zavala Giler	2023–present	152

Crimes for which individuals can be prosecuted

The Court's subject-matter jurisdiction means the crimes for which individuals can be prosecuted. Individuals can only be prosecuted for crimes that are listed in the Statute. The primary crimes are listed in article 5 of the Statute and defined in later articles: genocide (defined in article 6), crimes against humanity (defined in article 7), war crimes (defined in article 8), and crimes of aggression (defined in article 8 bis) (since 2018).¹⁵³: article 5  In addition, article 70 defines offences against the administration of justice, which is a fifth category of crime for which individuals can be prosecuted.¹⁵⁴

Genocide

Article 6 defines the crime of genocide as "acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group."¹⁵⁵: article 6  There are five such acts which constitute crimes of genocide under article 6:¹⁵⁶: articles 6(a)–6(e) 

1. Killing members of a group
2. Causing serious bodily or mental harm to members of the group
3. Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction
4. Imposing measures intended to prevent births within the group
5. Forcibly transferring children of the group to another group

The definition of these crimes is identical to those contained within the Convention on the Prevention and Punishment of the Crime of Genocide of 1948.

Crimes against humanity

Article 7 defines crimes against humanity as acts "committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack".¹⁵⁷: article 7  The article lists 16 such as individual crimes:¹⁵⁸

1. Murder
2. Extermination
3. Enslavement
4. Deportation or forcible transfer of population¹⁵⁹
5. Imprisonment or other severe deprivation of physical liberty
6. Torture
7. Rape
8. Sexual slavery
9. Enforced prostitution
10. Forced pregnancy
11. Enforced sterilization
12. Sexual violence
13. Persecution
14. Enforced disappearance of persons
15. Apartheid
16. Other inhumane acts

War crimes

Article 8 defines war crimes depending on whether an armed conflict is either international (which generally means it is fought between states) or non-international (which generally means that it is fought between non-state actors, such as rebel groups, or between a state and such non-state actors). The most serious crimes constitute either grave breaches of the Geneva Conventions of 1949 and its Protocols.: article 8(2)(c)  In total there are 74 war crimes listed in article 8.¹⁶⁰

Eleven crimes constitute grave breaches of the Geneva Conventions and apply only to international armed conflicts:¹⁶¹

1. Willful killing
2. Torture
3. Inhumane treatment
4. Biological experiments
5. Willfully causing great suffering
6. Destruction and appropriation of property
7. Compelling service in hostile forces
8. Denying a fair trial
9. Unlawful deportation and transfer
10. Unlawful confinement
11. Taking hostages

Seven crimes constitute serious violations of article 3 common to the Geneva Conventions and apply only to non-international armed conflicts:¹⁶²

1. Murder
2. Mutilation
3. Cruel treatment
4. Torture
5. Outrages upon personal dignity
6. Taking hostages
7. Sentencing or execution without due process

Another 56 crimes defined by article 8: 35 apply to international armed conflicts and 21 to non-international armed conflicts.¹⁶³ Such crimes include attacking civilians or civilian objects, attacking peacekeepers, causing excessive incidental death or damage, transferring populations into occupied territories, treacherously killing or wounding, denying quarter, pillaging, employing poison, using expanding bullets, rape and other forms of sexual violence, and conscripting or using child soldiers.¹⁶⁴: article 8 

Crimes of aggression

Article 8 bis defines crimes of aggression. The Statute originally provided that the Court could not exercise its jurisdiction over the crime of aggression until such time as the states parties agreed on a definition of the crime and set out the conditions under which it could be prosecuted.¹⁶⁵¹⁶⁶: article 5  Such an amendment was adopted at the first review conference of the ICC in Kampala, Uganda, in June 2010. This amendment specified that the ICC would not be allowed to exercise jurisdiction of the crime of aggression until two further conditions had been satisfied: (1) the amendment has entered into force for 30 states parties and (2) on or after 1 January 2017, the Assembly of States Parties has voted in favor of allowing the Court to exercise jurisdiction. On 26 June 2016 the first condition was satisfied¹⁶⁷ and the state parties voted in favor of allowing the Court to exercise jurisdiction on 14 December 2017.¹⁶⁸ The Court's jurisdiction to prosecute crimes of aggression was accordingly activated on 17 July 2018.¹⁶⁹

The Statute, as amended, defines the crime of aggression as "the planning, preparation, initiation or execution, by a person in a position effectively to exercise control over or to direct the political or military action of a State, of an act of aggression which, by its character, gravity and scale, constitutes a manifest violation of the Charter of the United Nations."¹⁷⁰: article 8 bis(1)  The Statute defines an "act of aggression" as "the use of armed force by a State against the sovereignty, territorial integrity or political independence of another State, or in any other manner inconsistent with the Charter of the United Nations."¹⁷¹: article 8 bis(2) ¹⁷² The article also contains a list of seven acts of aggression, which are identical to those in United Nations General Assembly Resolution 3314 of 1974 and include the following acts when committed by one state against another state:¹⁷³: articles 8 bis(2)(a)–8 bis(2)(g) 

1. Invasion or attack by armed forces against territory
2. Military occupation of territory
3. Annexation of territory
4. Bombardment against territory
5. Use of any weapons against territory
6. Blockade of ports or coasts
7. Attack on the land, sea, or air forces or marine and air fleets
8. The use of armed forces which are within the territory of another state by agreement, but in contravention of the conditions of the agreement
9. Allowing territory to be used by another state to perpetrate an act of aggression against a third state
10. Sending armed bands, groups, irregulars, or mercenaries to carry out acts of armed force

Offences against the administration of justice

Article 70 criminalizes certain intentional acts which interfere with investigations and proceedings before the Court, including giving false testimony, presenting false evidence, corruptly influencing a witness or official of the Court, retaliating against an official of the Court, and soliciting or accepting bribes as an official of the Court.¹⁷⁴: article 70 

Jurisdiction and admissibility

The Rome Statute requires that several criteria exist in a particular case before an individual can be prosecuted by the Court. The Statute contains three jurisdictional requirements and three admissibility requirements. All criteria must be met for a case to proceed. The three jurisdictional requirements are (1) subject-matter jurisdiction (what acts constitute crimes), (2) territorial or personal jurisdiction (where the crimes were committed or who committed them), and (3) temporal jurisdiction (when the crimes were committed).

For an individual to be prosecuted by the Court either territorial jurisdiction or personal jurisdiction must exist. Therefore, an individual can only be prosecuted if he or she has either (1) committed a crime within the territorial jurisdiction of the Court or (2) committed a crime while being a national of a state that is within the territorial jurisdiction of the Court.

Territorial jurisdiction

The territorial jurisdiction of the Court includes the territory, registered vessels, and registered aircraft of states which have either (1) become party to the Rome Statute or (2) accepted the Court's jurisdiction by filing a declaration with the Court.¹⁷⁵: article 12 

In situations that are referred to the Court by the United Nations Security Council, the territorial jurisdiction is defined by the Security Council, which may be more expansive than the Court's normal territorial jurisdiction.¹⁷⁶: article 13(b)  For example, if the Security Council refers a situation that took place in the territory of a state that has both not become party to the Rome Statute and not lodged a declaration with the Court, the Court will still be able to prosecute crimes that occurred within that state.

Personal jurisdiction

The personal jurisdiction of the Court extends to all natural persons who commit crimes, regardless of where they are located or where the crimes were committed, as long as those individuals are nationals of either (1) states that are party to the Rome Statute or (2) states that have accepted the Court's jurisdiction by filing a declaration with the Court.¹⁷⁷: article 12  As with territorial jurisdiction, the personal jurisdiction can be expanded by the Security Council if it refers a situation to the Court.¹⁷⁸: article 13(b) 

Temporal jurisdiction requirements

Temporal jurisdiction is the time period over which the Court can exercise its powers. No statute of limitations applies to any of the crimes defined in the Statute.¹⁷⁹: article 29  This is not completely retroactive. Individuals can only be prosecuted for crimes that took place on or after 1 July 2002, which is the date that the Rome Statute entered into force.¹⁸⁰: article 11(1)  If a state became party to the Statute, and therefore a member of the Court, after 1 July 2002, then the Court cannot exercise jurisdiction prior to the membership date for certain cases.¹⁸¹: article 11(2)  For example, if the Statute entered into force for a state on 1 January 2003, the Court could only exercise temporal jurisdiction over crimes that took place in that state or were committed by a national of that state on or after 1 January 2003.

Admissibility requirements

To initiate an investigation, the Prosecutor must (1) have a "reasonable basis to believe that a crime within the jurisdiction of the Court has been or is being committed", (2) the investigation would be consistent with the principle of complementarity, and (3) the investigation serves the interests of justice.¹⁸²: article 53(1) 

Complementarity

The principle of complementarity means the Court will only prosecute an individual if states are unwilling or unable to prosecute.¹⁸³ Therefore, if legitimate national investigations or proceedings into crimes have taken place or are ongoing, the Court will not initiate proceedings. This principle applies regardless of the outcome of national proceedings.¹⁸⁴: article 17(a)–17(c)  Even if an investigation is closed without any criminal charges being filed or if an accused person is acquitted by a national court, the Court will not prosecute an individual for the crime in question so long as it is satisfied that the national proceedings were legitimate. The application of the complementarity principle has recently come under theoretical scrutiny.¹⁸⁵¹⁸⁶: article 17(a)–17(c) 

Gravity

The Court will only initiate proceedings if a crime is of "sufficient gravity to justify further action by the Court".¹⁸⁷: article 17(d) 

Interests of justice

The Prosecutor will initiate an investigation unless there are "substantial reasons to believe that an investigation would not serve the interests of justice" when "[t]aking into account the gravity of the crime and the interests of victims".¹⁸⁸: article 53(1)(c)  Furthermore, even if an investigation has been initiated and there are substantial facts to warrant a prosecution and no other admissibility issues, the Prosecutor must determine whether a prosecution would serve the interests of justice "taking into account all the circumstances, including the gravity of the crime, the interests of victims and the age or infirmity of the alleged perpetrator, and his or her role in the alleged crime".¹⁸⁹: article 53(2)(c) 

Individual criminal responsibility

The Court has jurisdiction over natural persons.¹⁹⁰: article 25(1)  A person who commits a crime within the jurisdiction of the Court is individually responsible and liable for punishment in accordance with the Rome Statute.¹⁹¹: article 25(2)  In accordance with the Rome Statute, a person shall be criminally responsible and liable for punishment for a crime within the jurisdiction of the Court if that person: Commits such a crime, whether as an individual, jointly with another or through another person, regardless of whether that other person is criminally responsible;¹⁹²: article 25(3)(a)  Orders, solicits or induces the commission of such a crime which in fact occurs or is attempted;¹⁹³: article 25(3)(b)  For the purpose of facilitating the commission of such a crime, aids, abets or otherwise assists in its commission or its attempted commission, including providing the means for its commission;¹⁹⁴: article 25(3)(c)  In any other way contributes to the commission or attempted commission of such a crime by a group of persons acting with a common purpose.¹⁹⁵: article 25(3)(d)  In respect of the crime of genocide, directly and publicly incites others to commit genocide;¹⁹⁶: article 25(3)(e)  Attempts to commit such a crime by taking action that commences its execution by means of a substantial step, but the crime does not occur because of circumstances independent of the person's intentions¹⁹⁷: article 25(3)(f) 

Procedure

Trial

Trials are conducted under a hybrid common law and civil law judicial system, but it has been argued the procedural orientation and character of the court is still evolving.¹⁹⁸¹⁹⁹ A majority of the three judges present, as triers of fact in a bench trial, may reach a decision, which must include a full and reasoned statement.²⁰⁰ Trials are supposed to be public, but proceedings are often closed, and such exceptions to a public trial have not been enumerated in detail.²⁰¹ In camera proceedings are allowed for protection of witnesses or defendants as well as for confidential or sensitive evidence.²⁰² Hearsay and other indirect evidence is not generally prohibited, but it has been argued the court is guided by hearsay exceptions which are prominent in common law systems.²⁰³ There is no subpoena or other means to compel witnesses to come before the court, although the court has some power to compel testimony of those who chose to come before it, such as fines.²⁰⁴

Rights of the accused

The Rome Statute provides that all persons are presumed innocent until proven guilty beyond reasonable doubt,²⁰⁵: article 66  and establishes certain rights of the accused and persons during investigations.²⁰⁶²⁰⁷ These include the right to be fully informed of the charges against them; the right to have a lawyer appointed, free of charge; the right to a speedy trial; and the right to examine the witnesses against them.

To ensure "equality of arms" between defence and prosecution teams, the ICC has established an independent Office of Public Counsel for the Defence (OPCD) to provide logistical support, advice and information to defendants and their counsel.²⁰⁸²⁰⁹ The OPCD also helps to safeguard the rights of the accused during the initial stages of an investigation.²¹⁰ Thomas Lubanga's defence team said they were given a smaller budget than the Prosecutor and that evidence and witness statements were slow to arrive.²¹¹

Victim participation

One of the great innovations of the Statute of the International Criminal Court and its Rules of Procedure and Evidence is the series of rights granted to victims.²¹²²¹³ For the first time in the history of international criminal justice, victims have the possibility under the Statute to present their views and observations before the Court.

Participation before the Court may occur at various stages of proceedings and may take different forms, although it will be up to the judges to give directions as to the timing and manner of participation.

Participation in the Court's proceedings will in most cases take place through a legal representative and will be conducted "in a manner which is not prejudicial or inconsistent with the rights of the accused and a fair and impartial trial".

The victim-based provisions within the Rome Statute provide victims with the opportunity to have their voices heard and to obtain, where appropriate, some form of reparation for their suffering. It is the aim of this attempted balance between retributive and restorative justice that, it is hoped, will enable the ICC to not only bring criminals to justice but also help the victims themselves obtain some form of justice. Justice for victims before the ICC comprises both procedural and substantive justice, by allowing them to participate and present their views and interests, so that they can help to shape truth, justice and reparations outcomes of the Court.²¹⁴

Article 43(6) establishes a Victims and Witnesses Unit to provide "protective measures and security arrangements, counseling and other appropriate assistance for witnesses, victims who appear before the Court, and others who are at risk on account of testimony given by such witnesses."²¹⁵: article 43(6)  Article 68 sets out procedures for the "Protection of the victims and witnesses and their participation in the proceedings."²¹⁶: article 68  The Court has also established an Office of Public Counsel for Victims, to provide support and assistance to victims and their legal representatives.²¹⁷

Reparations

Victims before the International Criminal Court can also claim reparations under Article 75 of the Rome Statute. Reparations can only be claimed when a defendant is convicted and at the discretion of the Court's judges.²¹⁸ So far[when?] the Court has ordered reparations against Thomas Lubanga.²¹⁹ Reparations can include compensation, restitution and rehabilitation, but other forms of reparations may be appropriate for individual, collective or community victims. Article 79 of the Rome Statute establishes a Trust Fund to provide assistance before a reparation order to victims in a situation or to support reparations to victims and their families if the convicted person has no money.²²⁰

Cooperation by states not party to Rome Statute

One of the principles of international law is that a treaty does not create either obligations or rights for third states without their consent, and this is also enshrined in the 1969 Vienna Convention on the Law of Treaties.²²¹ The cooperation of the non-party states with the ICC is envisioned by the Rome Statute of the International Criminal Court to be of voluntary nature.²²²: article 87 (5)(a)  States not acceded to the Rome Statute might still be subject to an obligation to cooperate with ICC in certain cases.²²³ When a case is referred to the ICC by the UN Security Council all UN member states are obliged to cooperate, since its decisions are binding for all of them.²²⁴ Also, there is an obligation to respect and ensure respect for international humanitarian law, which stems from the Geneva Conventions and Additional Protocol I,²²⁵ which reflects the absolute nature of international humanitarian law.²²⁶

In relation to cooperation in investigation and evidence gathering, it is implied from the Rome Statute²²⁷: article 99  that the consent of a non-party state is a prerequisite for ICC Prosecutor to conduct an investigation within its territory, and it seems that it is even more necessary for him to observe any reasonable conditions raised by that state, since such restrictions exist for states party to the Statute.²²⁸ Taking into account the experience of the International Criminal Tribunal for the former Yugoslavia (which worked with the principle of the primacy, instead of complementarity) in relation to cooperation, some scholars have expressed their pessimism as to the possibility of ICC to obtain cooperation of non-party states.²²⁹ As for the actions that ICC can take toward non-party states that do not cooperate, the Rome Statute stipulates that the Court may inform the Assembly of States Parties or Security Council, when the matter was referred by it, when non-party state refuses to cooperate after it has entered into an ad hoc arrangement or an agreement with the Court.²³⁰: article 87(5) 

Amnesty and national reconciliation processes

It is unclear to what extent the ICC is compatible with reconciliation processes that grant amnesty to human rights abusers as part of agreements to end conflict.²³¹ Article 16 of the Rome Statute allows the Security Council to prevent the Court from investigating or prosecuting a case,²³²: article 16  and Article 53 allows the Prosecutor the discretion not to initiate an investigation if he or she believes that "an investigation would not serve the interests of justice".²³³: article 53  Former ICC president Philippe Kirsch has said that "some limited amnesties may be compatible" with a country's obligations genuinely to investigate or prosecute under the Statute.²³⁴

It is sometimes argued that amnesties are necessary to allow the peaceful transfer of power from abusive regimes. By denying states the right to offer amnesty to human rights abusers, the International Criminal Court may make it more difficult to negotiate an end to conflict and a transition to democracy. For example, the outstanding arrest warrants for four leaders of the Lord's Resistance Army are regarded by some as an obstacle to ending the insurgency in Uganda.²³⁵²³⁶ Czech politician Marek Benda argues that "the ICC as a deterrent will in our view only mean the worst dictators will try to retain power at all costs".²³⁷ The United Nations²³⁸ and the International Committee of the Red Cross²³⁹ maintain that granting amnesty to those accused of war crimes and other serious crimes is a violation of international law.

Facilities

Headquarters

The official seat of the Court is in The Hague, Netherlands, but its proceedings may take place anywhere.²⁴⁰: article 3 ²⁴¹

The Court moved into its first permanent premises in The Hague, located at Oude Waalsdorperweg 10, on 14 December 2015.²⁴² Part of The Hague's International Zone,²⁴³ which also contains the Peace Palace, Europol, Eurojust, ICTY, OPCW and The Hague World Forum, the court facilities are situated on the site of the Alexanderkazerne, a former military barracks, adjacent to the dune landscape on the northern edge of the city. The ICC's detention centre is a short distance away.

Development

The land and financing for the new construction were provided by the Netherlands.²⁴⁴ In addition, the host state organised and financed the architectural design competition which started at the end of 2008.

Three architects were chosen by an international jury from a total of 171 applicants to enter into further negotiations. The Danish firm Schmidt Hammer Lassen were ultimately selected to design the new premises since its design met all the ICC criteria, such as design quality, sustainability, functionality and costs.²⁴⁵

Demolition of the barracks started in November 2011 and was completed in August 2012.²⁴⁶ In October 2012 the tendering procedure for the General Contractor was completed and the combination Visser & Smit Bouw and Boele & van Eesteren ("Courtys") was selected.²⁴⁷

Architecture

The building has a compact footprint and consists of six connected building volumes with a garden motif. The tallest volume with a green façade, placed in the middle of the design, is the Court Tower that accommodates three courtrooms. The rest of the building's volumes accommodate the offices of the different organs of the ICC.²⁴⁸

Provisional headquarters, 2002–2015

Until late 2015, the ICC was housed in interim premises in The Hague provided by the Netherlands.²⁴⁹ Formerly belonging to KPN, the provisional headquarters were located at Maanweg 174 in the east-central portion of the city.

Detention centre

Main article: People detained by the International Criminal Court § Detention centre

The ICC's detention centre accommodates both those convicted by the court and serving sentences as well as those suspects detained pending the outcome of their trial. It comprises twelve cells on the premises of the Scheveningen branch of the Hague Penitentiary Institution, The Hague, close to the ICC's headquarters in the Alexanderkazerne.²⁵⁰²⁵¹

Suspects held by the former International Criminal Tribunal for the former Yugoslavia were held in the same prison and shared some facilities, like the fitness room, but had no contact with suspects held by the ICC.²⁵²

Other offices

The ICC maintains a liaison office in New York²⁵³ and field offices in places where it conducts its activities.²⁵⁴ As of 18 October 2007, the Court had field offices in Kampala, Kinshasa, Bunia, Abéché and Bangui.²⁵⁵

Finance

Top 10 contributions as of 31 December 2020²⁵⁶

No.	Country	Contributions €	Percent %
1	Japan	24,311,100	16.3
2	Germany	16,193,649	10.9
3	France	12,566,339	8.4
4	United Kingdom	12,143,931	8.2
5	Italy	8,793,501	5.9
6	Brazil	8,255,791	5.6
7	Canada	7,269,812	4.9
8	South Korea	6,258,761	4.2
9	Australia	5,876,461	4.0
10	Spain	5,706,356	3.8
Others		41,350,083	27.8
Total		148,725,784	100.0

The ICC is financed by contributions from the states parties. The amount payable by each state party is determined using the same method as the United Nations:²⁵⁷ each state's contribution is based on the country's capacity to pay, which reflects factors such as a national income and population. The maximum amount a single country can pay in any year is limited to 22% of the Court's budget; Japan paid this amount in 2008.

The Court spent €80.5 million in 2007.²⁵⁸ The Assembly of States Parties approved a budget of €90.4 million for 2008,²⁵⁹ €101.2 million for 2009,²⁶⁰ and €141.6 million for 2017.²⁶¹ As of April 2017[update], the ICC's staff consisted of 800 persons from approximately 100 states.²⁶²

Trial history

The Court's Pre-Trial Chambers have publicly indicted 69 people. Proceedings against 35 are ongoing: 30 are at large as fugitives, one person's case is in the pre-trial stage, and four are on trial. Proceedings against 34 have been completed: three are serving sentences, seven have finished sentences, four have been acquitted, seven have had the charges against them dismissed, four have had the charges against them withdrawn, and nine have died before the conclusion of the proceedings against them.

Thomas Lubanga,²⁶³ Germain Katanga and Mathieu Ngudjolo Chui were tried by the ICC. Lubanga and Katanga were convicted and sentenced to 14 and 12 years imprisonment, respectively, whereas Chui was acquitted.²⁶⁴

The judgment of Jean-Pierre Bemba was rendered in March 2016. Bemba was convicted on two counts of crimes against humanity and three counts of war crimes. This marked the first time the ICC convicted someone of sexual violence as they added rape to his conviction.²⁶⁵²⁶⁶ Bemba's convictions were overturned by the Court's Appeal Chamber in June 2018.²⁶⁷ The Court refused to compensate Bemba for losses suffered by him during his 10 years of imprisonment. It has been argued that this decision raises important questions about the court's present powers.²⁶⁸

Ntaganda (DR Congo) was convicted to 30 years for crimes against humanity. The Bemba et al. OAJ case and the Laurent Gbagbo-Blé Goudé trial in the Côte d'Ivoire situation ended in acquittals. The Banda trial in the situation of Darfur, Sudan, was scheduled to begin in 2014 but the start date was vacated.

Charges against Malian Ahmad al-Faqi al-Mahdi have been confirmed²⁶⁹ and he was sentenced to nine years in prison. On 25 November 2021, his sentence was commuted to 7 years in prison, and he was released on 18 September 2022.²⁷⁰ Ugandan Dominic Ongwen has been convicted to a prison sentence of 25 years.²⁷¹

On 6 July 2020, two Uyghur activist groups filed a complaint with the ICC calling for it to investigate PRC officials for crimes against Uyghurs, including allegations of genocide.²⁷²²⁷³ In December 2020, ICC prosecutors rejected the complaint, stating that the ICC did not have jurisdictional basis to proceed.²⁷⁴

On 31 October 2023, the Israeli families of over 34 victims of the 2023 Hamas-led attack on Israel, filed an Article 15 communication with the ICC prosecutor's office urging an investigation into the killings and abductions, and the ICC confirmed the receipt of the filing.²⁷⁵ Reporters Without Borders also lodged a complaint regarding the deaths of eight Palestinian journalists in the Gaza Strip during Israel's bombardment, as well as an Israeli journalist killed during a surprise attack by Hamas in southern Israel.²⁷⁶

Investigations and preliminary examinations

Main article: International Criminal Court investigations

Currently, the Office of the Prosecutor has opened investigations in Afghanistan, Bangladesh/Myanmar, Burundi, the Central African Republic (twice), Côte d'Ivoire, Darfur in Sudan, the Democratic Republic of the Congo, Georgia, Kenya, Libya, Mali, Palestine, the Philippines, Uganda, Ukraine, and Venezuela I.²⁷⁷ The Office of the Prosecutor carried out and closed preliminary investigations in Bolivia; Colombia; Congo II; Gabon; Guinea; Honduras; Iraq/the United Kingdom; registered vessels of Comoros, Greece, and Cambodia; and South Korea.²⁷⁸²⁷⁹ Ongoing preliminary examinations are being carried out in situations in Lithuania/Belarus, Nigeria, and Venezuela II.²⁸⁰ Key:   Investigation   Investigation pending authorization   Preliminary examination ongoing   Preliminary examination closed

Situation	Referred by	Referred on	Preliminary examination on	Investigation on	Current status281	Ref(s).
Democratic Republic of the Congo	Democratic Republic of the Congo	19 April 2004	16 July 2003	23 June 2004	Investigation (phase 1)	282283284
Côte d'Ivoire	—	—	1 October 2003	3 October 2011	Investigation (phase 1)	285286
Uganda	Uganda	16 December 2003	16 December 2003	29 July 2004	Investigation (phase 2)	287288289
Colombia	—	—	30 June 2004	—	Preliminary examination closed on 28 October 2021	290291
Central African Republic I	Central African Republic	7 January 2005	7 January 2005	22 May 2007	Investigation (phase 2)	292293294
Darfur, Sudan	United Nations Security Council	31 March 2005	1 April 2005	6 June 2005	Investigation (phase 1)	295296
Iraq/United Kingdom	—	—	9 February 2006	—	Preliminary examination closed on 9 December 2020297	298
Venezuela	—	—	9 February 2006	—	Preliminary examination closed on 9 February 2006	299
Afghanistan300	—	—	2007	5 March 2020	Investigation (phase 1)	301302
Kenya	—	—	5 February 2008	31 March 2010	Investigation (phase 2)	303304
Georgia	—	—	20 August 2008	27 January 2016	Investigation (phase 2)	305306307
Palestine308	—	—	22 January 2009	—	Preliminary examination closed on 3 April 2012	309310
Guinea	—	—	14 October 2009	—	Preliminary examination closed on 29 September 2022	311312
Honduras	—	—	18 November 2009	—	Preliminary examination closed on 28 October 2015	313
Nigeria	—	—	18 November 2010	—	Preliminary examination (phase 3)	314315
South Korea	—	—	6 December 2010	—	Preliminary examination closed on 23 June 2014	316
Libya	United Nations Security Council	26 February 2011	28 February 2011	3 March 2011	Investigation (phase 1)	317318319
Mali	Mali	18 July 2012	18 July 2012	16 January 2013	Investigation (phase 1)	320321
Registered vessels322	Comoros	14 May 2013	14 May 2013	—	Preliminary examination closed on 2 December 2019323	324
Central African Republic II	Central African Republic	30 May 2014	7 February 2014	24 September 2014	Investigation (phase 2)	325326
Ukraine327	Albania et al.	2 March 2022	25 April 2014	2 March 2022	Investigation (phase 1)	328329
Palestine330	Palestine	22 May 2018	16 January 2015	3 March 2021	Investigation (phase 1)	331332
Burundi	—	—	25 April 2016	25 October 2017	Investigation (phase 1)	333
Gabon	Gabon	21 September 2016	29 September 2016	—	Preliminary examination closed on 21 September 2018	334
Philippines	—	—	8 February 2018	15 September 2021	Investigation (phase 1)	335336
Venezuela I337	Argentina et al.	27 September 2018	8 February 2018	3 November 2021	Investigation (phase 1)	338339
Bangladesh/Myanmar	—	—	18 September 2018	14 November 2019	Investigation (phase 1)	340341
Venezuela II342	Venezuela	13 February 2020	17 February 2020	—	Preliminary examination (phase 2)	343344
Bolivia	Bolivia	4 September 2020	9 September 2020	—	Preliminary examination closed on 14 February 2022	345
Democratic Republic of the Congo II	Democratic Republic of the Congo	23 May 2023	15 June 2023	—	Preliminary examination closed on 14 October 2024	346347
Lithuania/Belarus	Lithuania	30 September 2024	30 September 2024	—	Preliminary examination (phase 1)	348
Notes

Summary of investigations³⁴⁹ and prosecutions by the International Criminal Court (not including reparations proceedings)

Situation	Publicly indicted	Ongoing procedures				Procedures finished, due to ...				PTC	TCs
		Not before court	Pre-Trial	Trial	Appeal	Death	Inadmissibility	Acquittal etc.	Conviction
		350	351	352	353	354	355	356		357	358
Democratic Republic of the Congo	6	1Mudacumura	0	0	0	0	0	2Chui, Mbarushimana	3Katanga, Lubanga, Ntaganda	I
Uganda	5	1Kony	0	0	0	3Lukwiya, Odhiambo, Otti	0	0	1Ongwen	III
Central African Republic I	5	0	0	0	0	0	0	1Bemba (main case)	5Kilolo, Babala, Mangenda, Arido, Bemba (OAJ)	II
Darfur, Sudan	7	3Haroun, al-Bashir, Hussein	1Banda	1Abd-Al-Rahman	0	1Jerbo	0	1Abu Garda	0	II	IKushaybIVBanda
Kenya	9	2Barasa, Bett	0	0	0	1 Gicheru	0	6Kosgey, Ali, Muthaura, Kenyatta, Ruto, Sang	0	II
Libya	12	8S. Gaddafi, Al Kani, Douma, Al Lahsa, Salheen, Al Shaqaqi, Al Zinkal, Njeem	0	0	0	3M. Gaddafi, Khaled, Werfalli	1Senussi	0	0	I
Côte d'Ivoire	3	0	0		0	0	0	3L. Gbagbo, Blé Goudé, S. Gbagbo	0	II
Mali	3	1Ghaly	0	0	0	0	0	0	2al-Mahdi, al-Hassan	I
Central African Republic II	6	2Adam, Beina	0	3Yekatom, Ngaïssona, Said	0	0	0	1Mokom	0	II	VYekatom, NgaïssonaVISaid
Georgia	3	3Guchmazov, Mindzaev, Sanakoev	0	0	0	0	0	0	0	I
Burundi	0	0	0	0	0	0	0	0	0	II
Bangladesh / Myanmar	0	0	0	0	0	0	0	0	0	I
Afghanistan	0	0	0	0	0	0	0	0	0	II
Palestine	3	2Gallant, Netanyahu	0	0	0	1Deif	0	0	0	I
Philippines	1	0	1Duterte	0	0	0	0	0	0	I
Venezuela I	0	0	0	0	0	0	0	0	0	I
Ukraine	6	6Putin, Lvova-Belova, Kobylash, Sokolov, Shoigu, Gerasimov	0	0	0	0	0	0	0	II
Total	69	29	2	4	0	9	1	14	11

Notes

Overview on cases currently active before the ICC (excludes cases against fugitives and reparations proceedings)

Between initial appearance and beginning of confirmation of charges hearing	Between beginning of confirmation of charges hearing and beginning of trial	Between beginning of trial and judgment	Between trial judgment and appeals judgment
		Yekatom, Ngaïssona
		Abd-Al-Rahman
		Said
	Banda
Duterte

Detailed summary of investigations³⁵⁹ and prosecutions by the International Criminal Court

Situation	Individualsindicted360	Indicted361					Transfer to ICCInitial appearance362	Confirmation of charges hearingResult	TrialResult	Appeal hearingsResult	Current status	Ref.
		Date	G	CAH	WC	OAJ
Democratic Republic of the CongoInvestigation article	Thomas Lubanga Dyilo	10 February 2006	—	—	3	—	17 March 200620 March 2006	9-28 November 2006confirmed 29 January 2007	26 January 2009 – 26 August 2011convicted 14 March 2012sentenced 10 July 2012	19–20 May 2014verdict and sentence confirmed1 December 2014	Convicted and sentenced to 14 years imprisonment; decision final; reparations regime established; ICC-related sentence served (after 14 years)	363
	Bosco Ntaganda	22 August 200613 July 2012	—	3	7	—	22 March 201326 March 2013	10-14 February 2014confirmed9 June 2014	2 September 2015 - 30 August 2018convicted 8 July 2019sentenced 7 November 2019	Verdict and sentence confirmed30 March 2021	Convicted and sentenced to 30 years imprisonment; decision final; in custody of Belgian authorities; release between 2033 and 2043	364 365
	Germain Katanga	2 July 2007	—	3	6	—	17 October 200722 October 2007	27 June–18 July 2008confirmed 26 September 2008	24 November 2009 – 23 May 2012convicted 7 March 2014sentenced 23 May 2014	Appeals by Prosecution and Defence discontinued	Convicted and sentenced to 12 years imprisonment; decision final; reparations regime established; ICC-related sentence served (after 8 years, 4 months); remained in custody of DRC authorities due to other charges	366
	Mathieu Ngudjolo Chui	6 July 2007	—	3	6	—	6 February 200811 February 2008		24 November 2009 – 23 May 2012acquitted 18 December 2012	21 October 2014acquittal confirmed 27 February 2015	Acquitted; decision final	367
	Callixte Mbarushimana	28 September 2010	—	5	6	—	25 January 201128 January 2011	16-21 September 2011dismissed 16 December 2011			Proceedings finished with charges dismissed, released 368	369 370
	Sylvestre Mudacumura	13 July 2012	—	—	9	—					Not in ICC custody; reportedly died on 17/18 September 2019	371 372
UgandaInvestigation article	Joseph Kony	8 July 2005	—	12	21	—					Not in ICC custody	373
	Okot Odhiambo		—	3	7	—					Proceedings finished due to death
	Raska Lukwiya		—	1	3	—					Proceedings finished due to death
	Vincent Otti		—	11	21	—					Proceedings finished due to death
	Dominic Ongwen		—	3	4	—	21 January 201526 January 2015	21–27 January 2016confirmed23 March 2016	6 December 2016 – 12 March 2020convicted4 February 2021sentenced6 May 2021	14-18 February 2022verdict and sentence confirmed15 December 2022	Convicted and sentenced to 25 years of imprisonment; decision final; in custody of Norwegian authorities, release between 2031 and 2040	374 375
Central African Republic	Jean-Pierre Bemba	23 May 200810 June 2008	—	3	5	—	3 July 20084 July 2008	12-15 January 2009confirmed 15 June 2009	22 November 2010 – 13 November 2014convicted21 March 2016sentenced21 June 2016	9-16 January 2018acquitted8 June 2018	Acquitted; decision final	376
		20 November 2013	—	—	—	2	23 November 201327 November 2013	in writingconfirmed11 November 2014	29 September 2015 – 2 June 2016convicted19 October 2016sentenced22 March 2017partially re-sentenced upon appeal17 September 2018	Verdicts modified and re-sentencing partially remanded to Trial Chamber8 March 2018re-sentencing confirmed27 November 2019	Convicted and sentenced to one year of imprisonment and a fine of 300,000 USD; decision final; sentence served	377
	Aimé Kilolo Musamba		—	—	—	2	25 November 201327 November 2013				Convicted and sentenced to a fine of 30,000 USD; decision final
	Fidèle Babala Wandu		—	—	—	2					Convicted and sentenced to six months of imprisonment; decision final; sentence served
	Jean-Jacques Mangenda Kabongo		—	—	—	2	4 December 20135 December 2013				Convicted and sentenced to eleven months of imprisonment; decision final; sentence served
	Narcisse Arido		—	—	—	2	18 March 201420 March 2014				Convicted and sentenced to eleven months of imprisonment; decision final; sentence served
Darfur, SudanInvestigation article	Ahmed Haroun	27 April 2007	—	20	22	—					Not in ICC custody	378
	Ali Muhammad Ali Abd-Al-Rahman		—	22	28	—	9 June 202015 June 2020	24-26 May 2021confirmed 9 July 2021	5 April 2022 –		In ICC custody, charges confirmed, trial before Trial-Chamber I ongoing	379
	Omar al-Bashir	4 March 200912 July 2010	3	5	2	—					Not in ICC custody	380
	Bahr Idriss Abu Garda	7 May 2009(summons)	—	—	3	—	18 May 2009	19-29 October 2009dismissed 8 February 2010			Proceedings finished with charges dismissed 381	382
	Abdallah Banda	27 August 2009(summons)11 September 2014(warrant of arrest)	—	—	3	—	17 June 2010	8 December 2010confirmed 7 March 2011			At large under warrant of arrest, previously appeared voluntarily, charges confirmed, trial before Trial Chamber IV to begin	383
	Saleh Jerbo	27 August 2009(summons)	—	—	3	—					Proceedings finished due to death
	Abdel Raheem Muhammad Hussein	1 March 2012	—	7	6	—					Not in ICC custody	384
KenyaInvestigation article	William Ruto	8 March 2011(summons)	—	4	—	—	7 April 2011	1-8 September 2011confirmed 23 January 2012	10 September 2013 –5 April 2016(terminated)		Proceedings terminated with no prejudice to re-prosecution, appeal possible	385
	Joshua Sang		—	4	—	—
	Henry Kosgey		—	4	—	—		1-8 September 2011dismissed 23 January 2012			Proceedings finished with charges dismissed 386
	Francis Muthaura	8 March 2011(summons)	—	5	—	—	8 April 2011	21 September – 5 October 2011confirmed 23 January 2012			Proceedings finished with confirmed charges withdrawn before trial	387
	Uhuru Kenyatta		—	5	—	—
	Mohammed Hussein Ali		—	5	—	—		21 September – 5 October 2011dismissed 23 January 2012			Proceedings finished with charges dismissed 388
	Walter Barasa	2 August 2013	—	—	—	3					Not in ICC custody	389
	Paul Gicheru	10 March 2015	—	—	—	6	3 November 20206 November 2020	confirmed 15 July 2021	15 February 2022 – 27 June 2022		Proceedings finished due to death	390 391
	Philip Kipkoech Bett		—	—	—	4					Not in ICC custody	392
LibyaInvestigation article	Muammar Gaddafi	27 June 2011	—	2	—	—					Proceedings finished due to death	393
	Saif al-Islam Gaddafi		—	2	—	—					Not in ICC custody
	Abdullah Senussi		—	2	—	—					Proceedings finished with case held inadmissible
	Al-Tuhamy Mohamed Khaled	18 April 2013	—	4	3	—					Proceedings finished due to death	394
	Mahmoud al-Werfalli	15 August 20174 July 2018	—	—	7	—					Proceedings finished due to death	395
	Abdulrahem Al Kani	6 April 2023	—	—	6	—					Not in ICC custody	396
	Makhlouf Douma		—	—	6	—					Not in ICC custody	397
	Nasser Al Lahsa		—	—	6	—					Not in ICC custody	398
	Mohamed Salheen		—	—	6	—					Not in ICC custody	399
	Abdelbari Al Shaqaqi	18 July 2023	—	—	6	—					Not in ICC custody	400
	Fathi Al Zinkal		—	—	6	—					Not in ICC custody	401
	Osama Elmasry Njeem	18 January 2025	—	6	6	—					Not in ICC custody	402
Ivory Coast	Laurent Gbagbo	23 November 2011	—	4	—	—	30 November 20115 December 2011	19–28 February 2013confirmed12 June 2014	28 January 2016 – 15 January 2019acquitted15 January 2019	Acquittal confirmed31 March 2021	Acquitted; decision final	403
	Charles Blé Goudé	21 December 2011	—	4	—	—	22–23 March 201427 March 2014	29 September –2 October 2014confirmed11 December 2014
	Simone Gbagbo	29 February 2012	—	4	—	—					Proceedings finished with charges withdrawn	404
MaliInvestigation article	Ahmad al-Faqi al-Mahdi	18 September 2015	—	—	1	—	26 September 201530 September 2015	1 March 2016confirmed24 March 2016	22–24 August 2016convicted and sentenced27 September 2016		Convicted and sentenced to nine years imprisonment; decision final; reparations regime established; ICC-related sentence served (after seven years)	405
	Iyad Ag Ghaly	18 July 2017	—	6	4	—					Not in ICC custody	406
	Al Hassan Ag Abdoul Aziz	27 March 2018	—	4	4	—	31 March 20184 April 2018	8–17 July 2019confirmed30 September 2019	14 July 2020 – 25 May 2023convicted26 June 2024sentenced20 November 2024	Appeals by Prosecution and Defence discontinued	Convicted and sentenced to 10 years of imprisonment; decision final; release by 2028	407 408
Central African Republic II	Alfred Yekatom	11 November 2018	—	6	7	—	17 November 201823 November 2018	19 September 2019 – 11 October 2019confirmed11 December 2019	16 February 2021 –		In ICC custody, charges confirmed, trial before Trial-Chamber V ongoing	409
	Patrice-Edouard Ngaïssona	7 December 2018	—	7	9	—	23 January 201925 January 2019
	Edmond Beina	7 December 2018	—	4	6	—					Not in ICC custody	410
	Maxime Mokom	10 December 2018	—	9	13	—	14 March 202222 March 2022	22–24 August 2023			Proceedings finished with charges withdrawn	411
	Mahamat Said Abdel Kani	7 January 2019	—	8	6	—	24 January 202128–29 January 2021	12–14 October 2022confirmed9 December 2021	26 September 2022 –		In ICC custody, charges confirmed, trial before Trial-Chamber VI ongoing	412
	Noureddine Adam	7 January 2019	—	5	1	—					Not in ICC custody	413
GeorgiaInvestigation article	Mikhail Mindzaev	24 June 2022	—	—	5	—					Not in ICC custody	414
	Gamlet Guchmazov		—	—	5	—					Not in ICC custody
	David Sanakoev		—	—	2	—					Not in ICC custody
Burundi											Investigation initiated	415
Bangladesh/MyanmarInvestigation article											Investigation initiated	416
AfghanistanInvestigation article											Investigation initiated	417
PalestineInvestigation article	Mohammed Deif	21 November 2024	—	5	3	—					Proceedings finished due to death	418 419 420
	Yoav Gallant	21 November 2024	—	3	4	—					Not in ICC custody	421 422
	Benjamin Netanyahu		—	3	4	—					Not in ICC custody
PhilippinesInvestigation article	Rodrigo Duterte	7 March 2025	—	1	—	—	12 March 202514 March 2025	scheduled to begin 23 September 2025			In ICC custody, confirmation of charges hearing scheduled	423
Venezuela IInvestigation article											Investigation initiated	424
UkraineInvestigation articleArrest warrants article	Vladimir Putin	17 March 2023	—	—	2	—					Not in ICC custody	425
	Maria Lvova-Belova		—	—	2	—					Not in ICC custody
	Viktor Sokolov	5 March 2024	—	1	2	—					Not in ICC custody	426
	Sergey Kobylash		—	1	2	—					Not in ICC custody
	Sergei Shoigu	24 June 2024	—	1	2	—					Not in ICC custody	427
	Valery Gerasimov		—	1	2	—					Not in ICC custody

Notes

Relationships

United Nations

Unlike the International Court of Justice, the ICC is legally independent from the United Nations. The Rome Statute grants certain powers to the United Nations Security Council, which limit its functional independence. Article 13 allows the Security Council to refer to the Court situations that would not otherwise fall under the Court's jurisdiction (as it did in relation to the situations in Darfur and Libya, which the Court could not otherwise have prosecuted as neither Sudan nor Libya are state parties). Article 16 allows the Security Council to require the Court to defer from investigating a case for a period of twelve months.⁴²⁸: article 16  Such a deferral may be renewed indefinitely by the Security Council. This sort of an arrangement gives the ICC some of the advantages inhering in the organs of the United Nations such as using the enforcement powers of the Security Council, but it also creates a risk of being tainted with the political controversies of the Security Council.⁴²⁹

The Court cooperates with the UN in many different areas, including the exchange of information and logistical support.⁴³⁰ The Court reports to the UN each year on its activities,⁴³¹⁴³² and some meetings of the Assembly of States Parties are held at UN facilities. The relationship between the Court and the UN is governed by a "Relationship Agreement between the International Criminal Court and the United Nations".⁴³³⁴³⁴

Nongovernmental organizations

During the 1970s and 1980s, international human rights and humanitarian Nongovernmental Organizations (or NGOs) began to proliferate at exponential rates. Concurrently, the quest to find a way to punish international crimes shifted from being the exclusive responsibility of legal experts to being shared with international human rights activism.

NGOs helped birth the ICC through advocacy and championing for the prosecution of perpetrators of crimes against humanity. NGOs closely monitor the organization's declarations and actions, ensuring that the work that is being executed on behalf of the ICC is fulfilling its objectives and responsibilities to civil society.⁴³⁵ According to Benjamin Schiff, "From the Statute Conference onward, the relationship between the ICC and the NGOs has probably been closer, more consistent, and more vital to the Court than have analogous relations between NGOs and any other international organization."

There are a number of NGOs working on a variety of issues related to the ICC. The NGO Coalition for the International Criminal Court has served as a sort of umbrella for NGOs to coordinate with each other on similar objectives related to the ICC. The CICC has 2,500 member organizations in 150 countries.⁴³⁶ The original steering committee included representatives from the World Federalist Movement, the International Commission of Jurists, Amnesty International, the Lawyers Committee for Human Rights, Human Rights Watch, Parliamentarians for Global Action, and No Peace Without Justice.⁴³⁷ Today, many of the NGOs with which the ICC cooperates are members of the CICC. These organizations come from a range of backgrounds, spanning from major international NGOs such as Human Rights Watch and Amnesty International, to smaller, more local organizations focused on peace and justice missions.⁴³⁸ Many work closely with states, such as the International Criminal Law Network, founded and predominantly funded by the Hague municipality and the Dutch Ministries of Defense and Foreign Affairs. The CICC also claims organizations that are themselves federations, such as the International Federation of Human Rights Leagues (FIDH).

CICC members subscribe to three principles that permit them to work under the umbrella of the CICC, so long as their objectives match them:

• Promoting worldwide ratification and implementation of the Rome Statute of the ICC
• Maintaining the integrity of the Rome Statute of the ICC, and
• Ensuring the ICC will be as fair, effective and independent as possible⁴³⁹

The NGOs that work under the CICC do not normally pursue agendas exclusive to the work of the Court, rather they may work for broader causes, such as general human rights issues, victims' rights, gender rights, rule of law, conflict mediation, and peace.⁴⁴⁰⁴⁴¹ The CICC coordinates their efforts to improve the efficiency of NGOs' contributions to the Court and to pool their influence on major common issues. From the ICC side, it has been useful to have the CICC channel NGO contacts with the Court so that its officials do not have to interact individually with thousands of separate organizations.

NGOs have been crucial to the evolution of the ICC, as they assisted in the creation of the normative climate that urged states to seriously consider the Court's formation. Their legal experts helped shape the Statute, while their lobbying efforts built support for it. They advocate Statute ratification globally and work at expert and political levels within member states for passage of necessary domestic legislation. NGOs are greatly represented at meetings for the Assembly of States Parties, and they use the ASP meetings to press for decisions promoting their priorities.⁴⁴² Many of these NGOs have reasonable access to important officials at the ICC because of their involvement during the Statute process. They are engaged in monitoring, commenting upon, and assisting in the ICC's activities.

The ICC often depends on NGOs to interact with local populations. The Registry Public Information Office personnel and Victims Participation and Reparations Section officials hold seminars for local leaders, professionals and the media to spread the word about the Court.⁴⁴³ These are the kinds of events that are often hosted or organized by local NGOs. Because there can be challenges with determining which of these NGOs are legitimate, CICC regional representatives often have the ability to help screen and identify trustworthy organizations.

NGOs are also "sources of criticism, exhortation and pressure upon" the ICC.⁴⁴⁴ The ICC heavily depends on NGOs for its operations. Although NGOs and states cannot directly impact the judicial nucleus of the organization, they can impart information on crimes, can help locate victims and witnesses, and can promote and organize victim participation. NGOs outwardly comment on the Court's operations, "push for expansion of its activities especially in the new justice areas of outreach in conflict areas, in victims' participation and reparations, and in upholding due-process standards and defense 'equality of arms' and so implicitly set an agenda for the future evolution of the ICC."⁴⁴⁵ The relatively uninterrupted progression of NGO involvement with the ICC may mean that NGOs have become repositories of more institutional historical knowledge about the ICC than its national representatives, and have greater expertise than some of the organization's employees themselves. While NGOs look to mold the ICC to satisfy the interests and priorities that they have worked for since the early 1990s, they unavoidably press against the limits imposed upon the ICC by the states that are members of the organization. NGOs can pursue their own mandates, irrespective of whether they are compatible with those of other NGOs, while the ICC must respond to the complexities of its own mandate as well as those of the states and NGOs.

Another issue has been that NGOs possess "exaggerated senses of their ownership over the organization and, having been vital to and successful in promoting the Court, were not managing to redefine their roles to permit the Court its necessary independence."⁴⁴⁶ Additionally, because there does exist such a gap between the large human rights organizations and the smaller peace-oriented organizations, it is difficult for ICC officials to manage and gratify all of their NGOs. "ICC officials recognize that the NGOs pursue their own agendas, and that they will seek to pressure the ICC in the direction of their own priorities rather than necessarily understanding or being fully sympathetic to the myriad constraints and pressures under which the Court operates."⁴⁴⁷ Both the ICC and the NGO community avoid criticizing each other publicly or vehemently, although NGOs have released advisory and cautionary messages regarding the ICC. They avoid taking stances that could potentially give the Court's adversaries, particularly the U.S., more motive to berate the organization.

Criticism and opposition

African states

In October 2016, after repeated claims that the court was biased against African states, Burundi, South Africa and the Gambia announced their withdrawals from the Rome Statute.⁴⁴⁸ Following Gambia's presidential election later that year, which ended the long rule of Yahya Jammeh, Gambia rescinded its withdrawal notification.⁴⁴⁹ A decision by the High Court of South Africa in early 2017 ruled that the attempted withdrawal was unconstitutional, as it had not been agreed by Parliament, prompting the South African government to inform the UN that it was revoking its decision to withdraw.⁴⁵⁰⁴⁵¹

African accusations of Western imperialism

The ICC has been accused of bias and as being a tool of Western imperialism, only punishing leaders from small, weak states while ignoring crimes committed by richer and more powerful states.^452453454455 This sentiment has been expressed particularly by African leaders due to an alleged disproportionate focus of the Court on Africa, while it claims to have a global mandate. Until January 2016, all nine situations which the ICC had been investigating were in African countries.^456457458

African critics have suggested the ICC is acting as a neo-colonial force seeking to further empower Western political and extractive interests in Africa.⁴⁵⁹ Scholar Awol Allo has described the court's underlying problem that has led to these challenges with Africa as not overt racism, but Eurocentrism.⁴⁶⁰ Another analysis suggests that African states are motivated by concerns over Africa's place in world order: the problem is the sovereign inequality displayed by the ICC prosecutor's focus.⁴⁶¹

The prosecution of Kenyan Deputy President William Ruto and President Uhuru Kenyatta (both charged before coming into office) led to the Kenyan parliament passing a motion calling for Kenya's withdrawal from the ICC, and the country called on the other 33 African states party to the ICC to withdraw their support, an issue which was discussed at a special African Union (AU) summit in October 2013.⁴⁶²

Though the ICC has denied the charge of disproportionately targeting African leaders, and claims to stand up for victims wherever they may be, Kenya was not alone in criticising the ICC. Sudanese President Omar al-Bashir visited Kenya, South Africa, China, Nigeria, Saudi Arabia, United Arab Emirates, Egypt, Ethiopia, Qatar and several other countries despite an outstanding ICC warrant for his arrest but was not arrested; he said that the charges against him are "exaggerated" and that the ICC was a part of a "Western plot" against him.⁴⁶³ Ivory Coast's government opted not to transfer former first lady Simone Gbagbo to the court but to instead try her at home. Rwanda's ambassador to the African Union, Joseph Nsengimana, argued that, "It is not only the case of Kenya. We have seen international justice become more and more a political matter." Ugandan President Yoweri Museveni accused the ICC of "mishandling complex African issues".⁴⁶⁴⁴⁶⁵ Ethiopian Prime Minister Hailemariam Desalegn, at the time AU chairman, told the UN General Assembly at the General debate of the sixty-eighth session of the United Nations General Assembly: "The manner in which the ICC has been operating has left a very bad impression in Africa. It is totally unacceptable."⁴⁶⁶

African Union (AU) withdrawal proposal

Main article: States parties to the Rome Statute of the International Criminal Court § Withdrawal

South African President Jacob Zuma said the perceptions of the ICC as "unreasonable" led to the calling of the special AU summit on 13 October 2015. Botswana is a notable supporter of the ICC in Africa.⁴⁶⁷ At the summit, the AU did not endorse the proposal for a collective withdrawal from the ICC due to lack of support for the idea.⁴⁶⁸ The summit concluded that serving heads of state should not be put on trial and that the Kenyan cases should be deferred. Ethiopian formerly Foreign Minister Tedros Adhanom said: "We have rejected the double standard that the ICC is applying in dispensing international justice."⁴⁶⁹ Despite these calls, the ICC went ahead with requiring William Ruto to attend his trial.⁴⁷⁰ The UNSC was then asked to consider deferring the trials of Kenyatta and Ruto for a year,⁴⁷¹ but this was rejected.⁴⁷² In November, the ICC's Assembly of State Parties responded to Kenya's calls for an exemption for sitting heads of state⁴⁷³ by agreeing to consider amendments to the Rome Statute to address the concerns.⁴⁷⁴

On 7 October 2016, Burundi announced that it would leave the ICC, after the court began investigating political violence in that nation. In the two weeks that followed, South Africa and The Gambia also announced their intention to leave the court, with Kenya and Namibia reportedly also considering departure. All three nations cited the fact that all 39 people indicted by the court over its history by that date had been African and that the court has made no effort to investigate war crimes tied to the 2003 invasion of Iraq.⁴⁷⁵⁴⁷⁶ Following The Gambia's presidential election later that year, which ended the long rule of Yahya Jammeh, the new government rescinded its withdrawal notification.⁴⁷⁷ The High Court of South Africa ruled on 2 February 2017 that the South African government's notice to withdraw was unconstitutional and invalid.⁴⁷⁸ On 7 March 2017 the South African government formally revoked its intention to withdraw.⁴⁷⁹ The ruling ANC revealed on 5 July 2017 that its intention to withdraw stands.⁴⁸⁰

Israel

In 2020, the +972 magazine, based in Israel, reported political interference coming from Israel and the U.S. when Fatou Bensouda, the chief prosecutor of the International Criminal Court at The Hague, announced that there is legal basis to probe Israel and Palestinian groups over war crimes in the West Bank (including East Jerusalem) and the Gaza Strip, and that her office was ready to investigate the matter. In 2018, when the Israeli government wanted to demolish the West Bank village of Khan al Ahmar, Bensouda herself explicitly warned Israel that doing so could be considered a ‘war crime’.⁴⁸¹ The Israeli government's response was to publicly defy the court, describing the prosecutor's statement as ‘pure anti-Semitism’ in Netanyahu’s words.⁴⁸²

The Guardian reported in 2024, on the basis of anonymous sources, that Israel had conducted a nine-year "war" against the ICC. These sources alleged that Israeli intelligence agencies were used to "surveil, hack, pressure, smear and allegedly threaten senior ICC staff in an effort to derail the court's inquiries." In particular, Yossi Cohen, director of Mossad at the time, allegedly threatened ICC Prosecutor Fatou Bensouda and her family in an attempt to dissuade her from opening war crime inquiries against Israel. The anonymous sources are said to be familiar with disclosures Bensouda made to the ICC regarding the operation.⁴⁸³

In November 2024, after the ICC issued an arrest warrant for Israeli prime minister Benjamin Netanyahu and former defense minister Yoav Gallant on charges of war crimes and crimes against humanity during the Gaza war, Netanyahu accused the ICC of antisemitism, while Gallant argued the Court set "a dangerous precedent against the right to self-defence and ethical warfare and encourages murderous terrorism."⁴⁸⁴ In that same November, Israel appealed the ICC warrants against Netanyahu and Gallant.⁴⁸⁵

In November 2024, France argued that the arrest warrants for Israeli leaders are not valid because Israel is not a member of the ICC.⁴⁸⁶ Italian Foreign Minister Antonio Tajani said on various occasions that Italy would not arrest Prime Minister Netanyahu.⁴⁸⁷

In January 2025, Polish prime minister Donald Tusk guaranteed safe passage for senior Israeli officials, including Israeli prime minister Benjamin Netanyahu, to an event in Poland marking the 80th anniversary of the liberation of Auschwitz.⁴⁸⁸ The majority of the Polish public disagreed with the Polish government's decision not to arrest Netanyahu.⁴⁸⁹

Germany's CDU leader Friedrich Merz criticized the ICC's decision to issue an arrest warrant for Netanyahu.⁴⁹⁰ In February 2025, one day after the 2025 German federal election, he announced his will to invite Netanyahu to Germany,⁴⁹¹ "as an open challenge" to the decision of the ICC.⁴⁹²

In April 2025, Netanyahu visited Hungary, a state party to the Rome Statute of the ICC. During the visit, the Hungarian government's prime minister, Viktor Orbán announced that it would withdraw from the ICC, describing it as "politically biased". The withdrawal will become effective after one year's written notice. Hungary will join Israel, the US, Russia, China and North Korea among nations which do not recognise the ICC's jurisdiction.^493494495

Philippines

Following the announcement that the ICC would open a preliminary investigation on the Philippines in connection to its escalating drug war, President Rodrigo Duterte announced on 14 March 2018 that the Philippines would start to submit plans to withdraw, completing the process on 17 March 2019. The ICC pointed out that it retained jurisdiction over the Philippines during the period when it was a state party to the Rome Statute, from November 2011 to March 2019.⁴⁹⁶

On 11 March 2025, Duterte was arrested on an ICC warrant pursuant to his role in the Philippine Drug War and flown from Manila to The Hague.⁴⁹⁷

Russia

See also: International Criminal Court arrest warrants for Russian leaders

In March 2023, Kremlin spokesperson Dmitry Peskov announced that Russia did not recognize the Court's decision to issue an arrest warrant for President Vladimir Putin on account of war crimes in Ukraine and noted that Russia, like other countries which had not ratified the Rome Statute, did not recognise the jurisdiction of the ICC, saying "And accordingly, any decisions of this kind are null and void for the Russian Federation from the point of view of law."⁴⁹⁸

State Duma speaker Vyacheslav Volodin wrote on Telegram, "Yankees, hands off Putin!" calling the move evidence of Western "hysteria", and saying that "we regard any attacks on the President of the Russian Federation as aggression against our country".⁴⁹⁹

South African Foreign Minister Naledi Pandor criticized the ICC for not having what she called an "evenhanded approach" to all leaders responsible for violations of international law.⁵⁰⁰ South Africa, which failed in its obligation to arrest visiting Sudanese President Omar al-Bashir in June 2015, invited Vladimir Putin to the 15th BRICS Summit in Durban.⁵⁰¹ On 19 July 2023, South Africa announced that "by mutual agreement" Putin would not attend the summit. Foreign Minister Sergei Lavrov attended in Putin's place.⁵⁰²

In the months following the arrest warrant for Putin being issued, Russia issued warrants for the arrest of multiple ICC officials, including the court's president Piotr Hofmański and its vice-president Luz del Carmen Ibáñez Carranza.⁵⁰³

In advance of a visit by Putin to Mongolia on 3 September 2024, the ICC stated that Mongolia was obligated to place Putin under arrest, due to Mongolia being a signatory of the Rome Statute of the ICC.⁵⁰⁴ After failure to make the arrest, Mongolia was described by Ukraine as complicit in Putin's war crimes.⁵⁰⁵⁵⁰⁶ Following the visit and the refusal to arrest Putin, the Mongolia government said that the issue of energy relations is critical to the country and that "Mongolia has always maintained a policy of neutrality in all its diplomatic relations, as demonstrated in our statements of record to date."⁵⁰⁷

United States

See also: United States and the International Criminal Court

President George W. Bush signed the American Service-Members' Protection Act, (informally referred to as The Hague Invasion Act), to signify the United States' opposition to any possible future jurisdiction of the court or its tribunals. The act gives the President the power to use "all means necessary and appropriate to bring about the release of any U.S. or allied personnel being detained or imprisoned by, on behalf of, or at the request of the International Criminal Court".^508509510 During the administration of Barack Obama, U.S. opposition to the ICC evolved to "positive engagement", although no effort was made to ratify the Rome Statute.⁵¹¹⁵¹²

The subsequent Donald Trump administration was considerably more hostile to the Court, similar to the Bush administration threatening prosecution and financial sanctions on ICC judges and staff in U.S. courts as well as imposing visa bans in response to any investigation against American nationals in connection to alleged crimes and atrocities perpetrated by the U.S. in Afghanistan. The threat included sanctions against any of over 120 countries which have ratified the Court for cooperating in the process.⁵¹³ In November 2017, Fatou Bensouda advised the court to consider seeking charges for human rights abuses committed during the War in Afghanistan such as alleged rapes and tortures by the U.S. Armed Forces and the Central Intelligence Agency, crime against humanity committed by the Taliban, and war crimes committed by the Afghan National Security Forces.⁵¹⁴ John Bolton, National Security Advisor of the United States, stated that ICC Court had no jurisdiction over the U.S., which did not ratify the Rome Statute.⁵¹⁵ In 2020, overturning the previous decision not to proceed, senior judges at the ICC authorized an investigation into the alleged war crimes in Afghanistan.⁵¹⁶

On 11 June 2020, the United States announced sanctions on officials and employees, as well as their families, involved in investigating alleged crimes against humanity committed by U.S. armed forces in Afghanistan.⁵¹⁷ This move was widely criticized by human rights groups.⁵¹⁸ The U.S. ordered sanctions against the ICC prosecutor Fatou Bensouda, and the ICC's head of Jurisdiction, Complementary, and Cooperation Division, Phakiso Mochochok, for an investigation into alleged war crimes by U.S. forces and the Central Intelligence Agency (CIA) in Afghanistan since 2003.⁵¹⁹ "The US government has reason to doubt the honesty of the ICC. The Department of Justice has received substantial credible information that raises serious concerns about a long history of financial corruption and malfeasance at the highest levels of the office of the prosecutor", Attorney General William Barr stated. The ICC responded with a statement expressing "profound regret at the announcement of further threats and coercive actions." "These attacks constitute an escalation and an unacceptable attempt to interfere with the rule of law and the Court's judicial proceedings", the statement said. "They are announced with the declared aim of influencing the actions of ICC officials in the context of the court's independent and objective investigations and impartial judicial proceedings."⁵²⁰

On 30 September 2020, prominent United States human rights lawyers announced that they would sue Trump and his Administration—including Secretary of State Mike Pompeo, Treasury secretary Steven Mnuchin, attorney general William Barr, and OFAC director Andrea Gacki, and the departments they head—on the grounds that Trump's Executive Order 13928 order had gagged them, violating their right to free speech and impeding their work in trying to obtain justice on behalf of victims of war crimes. One of the plaintiffs, Diane Marie Amann, stated that, as a result of sanctions against the chief prosecutor at the ICC, she herself risked having her family assets seized if she continued to work for children who are bought and sold by traffickers, killed, tortured, sexually abused and forced to become child soldiers.⁵²¹

On 4 January 2021, U.S. District Judge Katherine Polk Failla in New York City issued a preliminary injunction against the Trump administration from imposing criminal or civil penalties against ICC personnel and those who support the court's work, including the plaintiffs.⁵²² The sanctions were subsequently lifted by the Biden administration Secretary of State Antony Blinken in April 2021.⁵²³

In 2023, the Biden administration welcomed the issuing of an ICC arrest warrant for Russian President Vladimir Putin. President Joe Biden said that the issuing of the warrant "makes a very strong point".⁵²⁴ In 2024, the Biden administration opposed an arrest warrant for Israeli Prime Minister Benjamin Netanyahu over alleged Israeli war crimes committed during the Gaza war in the Gaza Strip.⁵²⁵⁵²⁶ President Biden denounced Netanyahu's arrest warrant as "outrageous."⁵²⁷ Secretary of State Antony Blinken said the Biden administration would work with the US Congress on potential sanctions against the ICC.⁵²⁸ Prior to the issuing of the ICC's arrest warrant for Netanyahu, a group of US Republican senators sent a letter to ICC prosecutor Karim Ahmad Khan that contained the warning "Target Israel and we will target you. If you move forward ... we will move to end all American support for the ICC, sanction your employees and associates, and bar you and your families from the United States. You have been warned."⁵²⁹ The U.S. House of Representatives passed a bill to sanction ICC officials on 4 June 2024.⁵³⁰

On 9 January 2025, the U.S. House of Representatives passed the Illegitimate Court Counteraction Act by 243-140 to sanction the ICC in protest at its arrest warrants for Netanyahu and Gallant issued in November 2024.⁵³¹⁵³² On Feb. 6, Trump imposed economic sanctions by executive order.⁵³³⁵³⁴

On February 6, 2025, U.S. President Donald Trump signed an executive order imposing economic and travel sanctions on individuals involved in International Criminal Court (ICC) investigations targeting U.S. citizens and allies, notably Israel. This action coincided with Israeli Prime Minister Benjamin Netanyahu's visit to Washington. The sanctions entail freezing U.S. assets of designated individuals and prohibiting their entry into the United States. This move mirrors a similar stance taken during Trump's first term, when sanctions were applied to ICC officials over investigations into alleged war crimes by U.S. forces in Afghanistan. The United States, along with China, Russia, and Israel, is not a member of the ICC.⁵³⁵

U.S. criticisms

The United States Department of State argues that there are "insufficient checks and balances on the authority of the ICC prosecutor and judges" and "insufficient protection against politicized prosecutions or other abuses".⁵³⁶ The current law in the United States on the ICC is the American Service-Members' Protection Act (ASPA), 116 Stat. 820. The ASPA authorizes the President of the United States to use "all means necessary and appropriate to bring about the release of any U.S. or allied personnel being detained or imprisoned by, on behalf of, or at the request of the International Criminal Court". This authorization has led the act to be nicknamed the "Hague Invasion Act",⁵³⁷⁵³⁸ because the freeing of U.S. citizens by force might be possible only through military action.

On 10 September 2018, John R. Bolton, in his first major address as U.S. National Security Advisor, reiterated that the ICC lacks checks and balances, exercises "jurisdiction over crimes that have disputed and ambiguous definitions", and has failed to "deter and punish atrocity crimes". The ICC, Bolton said, was "superfluous", given that "domestic judicial systems already hold American citizens to the highest legal and ethical standards". He added that the U.S. would do everything "to protect our citizens" should the ICC attempt to prosecute U.S. servicemen over alleged detainee abuse in Afghanistan. In that event, ICC judges and prosecutors would be barred from entering the U.S., their funds in the U.S. would be sanctioned and the U.S. "will prosecute them in the U.S. criminal system. We will do the same for any company or state that assists an ICC investigation of Americans", Bolton said. He also criticized Palestinian efforts to bring Israel before the ICC over allegations of human rights abuses in the West Bank and Gaza.⁵³⁹

OPCD

Concerning the independent Office of Public Counsel for the Defence (OPCD), Thomas Lubanga's defence team say they were given a smaller budget than the Prosecutor and that evidence and witness statements were slow to arrive.⁵⁴⁰

Impartiality

The International Criminal Court is often "critiqued for being selective, or imperialistic, or reflecting the geopolitical interests of powerful states," says Sarah Knuckey, a Columbia law professor. While many Western countries supported the arrest warrant for Russian President Putin, how they respond to the warrant against Israel's Netanyahu will be "a test of the genuineness of their commitment to international justice for all", she continued.⁵⁴¹

Human Rights Watch (HRW) reported that the ICC's prosecutor team takes no account of the roles played by the government in the conflict of Uganda, Rwanda or Congo. This led to a flawed investigation, because the ICC did not reach the conclusion of its verdict after considering the governments' position and actions in the conflict.⁵⁴²

Unintentional consequences

Research indicates that prosecutions of leaders who are culpable of international crimes in the ICC makes them less likely to peacefully step down, which can prolong conflicts and incentivize them to make continued use of mass violence.⁵⁴³⁵⁴⁴ It is also argued that there is little evidence that international criminal prosecution practically fosters peace: "the ICC has been used as a means of intervention in ongoing conflicts with the expectation that the indictments, arrests, and trials of elite perpetrators have deterrence and preventive effects for atrocity crimes. Despite these legitimate intentions and great expectations, there is little evidence of the efficacy of justice as a means to peace".⁵⁴⁵

State cooperation

That the ICC cannot mount successful cases without state cooperation is problematic for several reasons. It means that the ICC acts inconsistently in its selection of cases, is prevented from taking on hard cases and loses legitimacy.⁵⁴⁶ It also gives the ICC less deterrent value, as potential perpetrators of war crimes know that they can avoid ICC judgment by taking over government and refusing to cooperate.⁵⁴⁷

Principle of complementarity

The Rome Statute's principle of complementarity (that the Court will only prosecute if states are unwilling or unable to) is often taken for granted in the legal analysis of international criminal law and its jurisprudence. Initially the thorny issue of the actual application of the complementarity principle arose in 2008, when William Schabas published his influential paper.⁵⁴⁸ No substantive research was made by other scholars on this issue for quite some time. In June 2017, Victor Tsilonis advanced the same criticism which is reinforced by events, practices of the Office of the Prosecutor and ICC cases in the Essays in Honour of Nestor Courakis. His paper essentially argues that the Αl‐Senussi case arguably is the first instance of the complementarity principle's actual implementation eleven whole years after the ratification of the Rome Statute of the International Criminal Court.⁵⁴⁹

On the other hand, in 2017, Chief Prosecutor Fatou Bensouda invoked the principle of complementarity in the situation between Russia and Georgia in the Ossetia region.⁵⁵⁰ Moreover, following the threats of certain African states (initially Burundi, Gambia and South Africa) to withdraw their ratifications, Bensouda again referred to the principle of complementarity as a core principle of ICC's jurisdiction and has more extensively focused on the principle's application on the latest Office of The Prosecutor's Report on Preliminary Examination Activities 2016.⁵⁵¹

Some advocates have suggested that the ICC go "beyond complementarity" and systematically support national capacity for prosecutions.⁵⁵² They argue that national prosecutions, where possible, are more cost-effective, preferable to victims and more sustainable.

Jurisdiction over corporations

There is a debate on whether the ICC should have jurisdiction over corporations that violate international law.⁵⁵³ Supporters argue that corporations can and do commit human rights violations,⁵⁵⁴ such as war crimes linked to raw materials in conflict zones.⁵⁵⁵ Critics argue that prosecuting corporations would compromise the principle of complementarity,⁵⁵⁶ that it would give corporations excessive power under international law, or that it would compromise voluntary initiatives by companies.⁵⁵⁷ John Ruggie has argued that jurisdiction of corporations under international law should be limited to international crimes, while Nicolás Carrillo-Santarelli of La Sabana University argues that it should cover all human rights violations.⁵⁵⁸

Despite its lack of jurisdiction, the ICC announced in 2016 that it would prioritize criminal cases linked to land grabbing, illegal resource extraction, or environmental degradation caused by corporate activity.⁵⁵⁹ The proposed crime of ecocide would have jurisdiction over corporations as well as governments.⁵⁶⁰ Supporters of criminalizing ecocide argue that it would shift the ICC's priorities away from Africa, since most environmental degradation is caused by states and corporations in the Global North.⁵⁶¹[failed verification – see discussion]

See also

• Agreement on the Privileges and Immunities of the International Criminal Court
• American Service-Members' Protection Act
• Crimes against humanity
• International Court of Justice
• Legal Tools (database on International Criminal Law)
• List of people indicted in the International Criminal Court
• Rome Statute of the International Criminal Court
• Rule of law
• War crimes

Notes

External links

Wikimedia Commons has media related to International Criminal Court. Wikisource has original text related to this article: Rome Statute Wikiquote has quotations related to International Criminal Court.

• Official website
• The States Parties to the Rome Statute
• United Nations website on the Rome Statute

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281. The Office of the Prosecutor processes preliminary examinations through different phases. Every communication is first given an initial assessment to determine if it is sufficiently serious and if it falls within the Court's jurisdiction (phase 1). If it does, the Office begins a preliminary examination by first considering whether the alleged crimes fall within the subject-matter jurisdiction of the Court (phase 2). If the Office is satisfied that all the jurisdictional requirements are met, it then focuses on issues of admissibility by considering complementarity and the gravity of the alleged crimes (phase 3). If there are no admissibility concerns, the Office then considers the interests of justice and decides whether or not to begin a formal investigation (phase 4).[185] Once a formal investigation is opened, it is also processed through different phases. It is first processed through an "investigation phase" (phase 1), in which the Office determines the scope of its caseload, and then through a "prosecution phase" (phase 2), in which the Office completes the caseload.[186] ↩

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291. "ICC Prosecutor, Mr Karim A. A. Khan QC, concludes the preliminary examination of the Situation in Colombia with a Cooperation Agreement with the Government charting the next stage in support of domestic efforts to advance transitional justice". ICC. 28 October 2021. Retrieved 17 December 2022. https://www.icc-cpi.int/news/icc-prosecutor-mr-karim-khan-qc-concludes-preliminary-examination-situation-colombia ↩

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297. The preliminary examination of the situation in Iraq / the United Kingdom was initially closed on 9 February 2006, but was reopened on 13 May 2014.[202] ↩

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308. A new preliminary investigation of the situation in Palestine was opened on 16 January 2015 and proceeded to a full investigation 3 March 2021. ↩

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315. "Preliminary examination: Nigeria". ICC. Retrieved 28 November 2024. https://www.icc-cpi.int/situations/nigeria ↩

316. "Statement of the Prosecutor of the International Criminal Court, Fatou Bensouda, on the conclusion of the preliminary examination of the situation in the Republic of Korea". ICC. 23 June 2014. Retrieved 17 December 2022. https://www.icc-cpi.int/news/statement-prosecutor-international-criminal-court-fatou-bensouda-conclusion-preliminary ↩

317. "In Swift, Decisive Action, Security Council Imposes Tough Measures on Libyan Regime, Adopting Resolution 1970 in Wake of Crackdown on Protesters". United Nations. 26 February 2011. Retrieved 17 December 2022. https://press.un.org/en/2011/sc10187.doc.htm ↩

318. "Statement by the Office of the Prosecutor on situation in Libya". ICC. 28 February 2011. Retrieved 17 December 2022. https://www.icc-cpi.int/news/statement-office-prosecutor-situation-libya ↩

319. "Statement of the Prosecutor on the opening of the investigation into the situation in Libya" (PDF). ICC. 3 March 2011. Retrieved 17 December 2022. https://www.icc-cpi.int/sites/default/files/NR/rdonlyres/035C3801-5C8D-4ABC-876B-C7D946B51F22/283045/StatementLibya_03032011.pdf ↩

320. "ICC Prosecutor Fatou Bensouda on the Malian State referral of the situation in Mali since January 2012". ICC. 18 July 2012. Retrieved 17 December 2022. https://www.icc-cpi.int/news/icc-prosecutor-fatou-bensouda-malian-state-referral-situation-mali-january-2012 ↩

321. "ICC Prosecutor opens investigation into war crimes in Mali: 'The legal requirements have been met. We will investigate'". ICC. 16 January 2013. Retrieved 17 December 2022. https://www.icc-cpi.int/news/icc-prosecutor-opens-investigation-war-crimes-mali-legal-requirements-have-been-met-we-will ↩

322. The preliminary examination relates to registered vessels of the Comoros, Greece and Cambodia. ↩

323. The Prosecutor previously closed the preliminary examination of the situation on registered vessels of the Comoros, Greece and Cambodia on 6 November 2014, but reconsidered her decision following a request by the Pre-Trial Chamber on 29 November 2017 and revised the final decision on 2 December 2019.[226][227][228] ↩

324. "Preliminary examination: Registered Vessels of Comoros, Greece and Cambodia". ICC. Retrieved 17 December 2022. https://www.icc-cpi.int/comoros ↩

325. "Statement of the Prosecutor of the International Criminal Court, Fatou Bensouda, on opening a second investigation in the Central African Republic". ICC. 24 September 2014. Retrieved 17 December 2022. https://www.icc-cpi.int/news/statement-prosecutor-international-criminal-court-fatou-bensouda-opening-second-investigation ↩

326. "The Prosecutor of the International Criminal Court, Karim A.A. Khan KC, announces conclusion of the investigation phase in the Situation in the Central African Republic". ICC. 16 December 2022. Retrieved 17 December 2022. https://www.icc-cpi.int/news/prosecutor-international-criminal-court-karim-aa-khan-kc-announces-conclusion-investigation-0 ↩

327. Albania, Australia, Austria, Belgium, Bulgaria, Canada, Colombia, Costa Rica, Croatia, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Georgia, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, New Zealand, Norway, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland, and the United Kingdom jointly referred the situation in Ukraine on 2 March 2022. Following the start of the investigation, Japan and North Macedonia also referred the situation.[230] ↩

328. "Report on Preliminary Examination Activities (2020)" (PDF). ICC. 14 December 2020. Retrieved 17 December 2022. https://www.icc-cpi.int/sites/default/files/itemsDocuments/2020-PE/2020-pe-report-eng.pdf ↩

329. "Statement of ICC Prosecutor, Karim A.A. Khan QC, on the Situation in Ukraine: Receipt of Referrals from 39 States Parties and the Opening of an Investigation". ICC. 2 March 2022. Retrieved 17 December 2022. https://www.icc-cpi.int/news/statement-icc-prosecutor-karim-aa-khan-qc-situation-ukraine-receipt-referrals-39-states ↩

330. Following the start of the investigation, Bangladesh, Bolivia, Chile, Comoros, Djibouti, Mexico, and South Africa also referred the situation.[232] ↩

331. "Statement of ICC Prosecutor, Fatou Bensouda, on the conclusion of the preliminary examination of the Situation in Palestine, and seeking a ruling on the scope of the Court's territorial jurisdiction". ICC. 20 December 2019. Retrieved 17 December 2022. https://www.icc-cpi.int/news/statement-icc-prosecutor-fatou-bensouda-conclusion-preliminary-examination-situation-palestine ↩

332. "Statement of ICC Prosecutor, Fatou Bensouda, respecting an investigation of the Situation in Palestine". ICC. 3 March 2021. Retrieved 17 December 2022. https://www.icc-cpi.int/news/statement-icc-prosecutor-fatou-bensouda-respecting-investigation-situation-palestine ↩

333. "Investigation: Republic of Burundi". ICC. Retrieved 17 December 2022. https://www.icc-cpi.int/burundi ↩

334. "Situation in the Gabonese Republic: Article 5 Report" (PDF). ICC. 21 September 2018. Retrieved 17 December 2022. https://www.icc-cpi.int/sites/default/files/itemsDocuments/180921-otp-rep-gabon_ENG.pdf ↩

335. "Statement of the Prosecutor, Fatou Bensouda, on her request to open an investigation of the Situation in the Philippines". ICC. 14 June 2021. Retrieved 17 December 2022. https://www.icc-cpi.int/news/statement-prosecutor-fatou-bensouda-her-request-open-investigation-situation-philippines ↩

336. "Situation in the Philippines: ICC Pre-Trial Chamber I authorises the opening of an investigation". ICC. 15 September 2021. Retrieved 17 December 2022. https://www.icc-cpi.int/news/situation-philippines-icc-pre-trial-chamber-i-authorises-opening-investigation ↩

337. Argentina, Canada, Chile, Colombia, Paraguay, and Peru jointly referred the situation in Venezuela I on 27 September 2018. Venezuela referred the situation in Venezuela II on 13 February 2020. In a statement, the Prosecutor noted that the two referrals "appear to overlap geographically and temporally" but further noted that such a statement "should not prejudice a later determination on whether the referred scope of the two situations is sufficiently linked to constitute a single situation."[239] ↩

338. "Report on Preliminary Examination Activities (2020)" (PDF). ICC. 14 December 2020. Retrieved 17 December 2022. https://www.icc-cpi.int/sites/default/files/itemsDocuments/2020-PE/2020-pe-report-eng.pdf ↩

339. "ICC Prosecutor, Mr Karim A.A. Khan QC, opens an investigation into the Situation in Venezuela and concludes Memorandum of Understanding with the Government". ICC. 5 November 2021. Retrieved 17 December 2022. https://www.icc-cpi.int/news/icc-prosecutor-mr-karim-aa-khan-qc-opens-investigation-situation-venezuela-and-concludes ↩

340. "Statement of ICC Prosecutor, Fatou Bensouda, on opening a Preliminary Examination concerning the alleged deportation of the Rohingya people from Myanmar to Bangladesh". ICC. 18 September 2018. Retrieved 17 December 2022. https://www.icc-cpi.int/news/statement-icc-prosecutor-fatou-bensouda-opening-preliminary-examination-concerning-alleged ↩

341. "Investigation: Bangladesh/Myanmar". ICC. Retrieved 17 December 2022. https://www.icc-cpi.int/bangladesh-myanmar ↩

342. Argentina, Canada, Chile, Colombia, Paraguay, and Peru jointly referred the situation in Venezuela I on 27 September 2018. Venezuela referred the situation in Venezuela II on 13 February 2020. In a statement, the Prosecutor noted that the two referrals "appear to overlap geographically and temporally" but further noted that such a statement "should not prejudice a later determination on whether the referred scope of the two situations is sufficiently linked to constitute a single situation."[239] ↩

343. "Report on Preliminary Examination Activities (2020)" (PDF). ICC. 14 December 2020. Retrieved 17 December 2022. https://www.icc-cpi.int/sites/default/files/itemsDocuments/2020-PE/2020-pe-report-eng.pdf ↩

344. "Statement of the Prosecutor of the International Criminal Court, Mrs Fatou Bensouda, on the referral by Venezuela regarding the situation in its own territory". ICC. 17 February 2020. Retrieved 17 December 2022. https://www.icc-cpi.int/news/statement-prosecutor-international-criminal-court-mrs-fatou-bensouda-referral-venezuela ↩

345. "Situation in the Plurinational State of Bolivia: Final Report" (PDF). ICC. 14 February 2022. Retrieved 17 December 2022. https://www.icc-cpi.int/sites/default/files/2022-06/2022-02-14-otp-report-bolivia-eng.pdf ↩

346. "Statement of the Prosecutor of the International Criminal Court, Karim A.A. Khan KC, on the referral by the Democratic Republic of the Congo regarding the situation in its territory". ICC. 15 June 2023. Retrieved 15 June 2023. https://www.icc-cpi.int/news/statement-prosecutor-international-criminal-court-karim-aa-khan-kc-referral-democratic ↩

347. "Statement of ICC Prosecutor Karim A.A. Khan KC on the Situation in the Democratic Republic of the Congo and renewed investigations". ICC. 14 October 2024. Retrieved 15 October 2024. https://www.icc-cpi.int/news/statement-icc-prosecutor-karim-aa-khan-kc-situation-democratic-republic-congo-and-renewed ↩

348. "Statement of ICC Prosecutor Karim A.A. Khan KC on receipt of a referral by the Republic of Lithuania". ICC. 30 September 2024. Retrieved 30 September 2024. https://www.icc-cpi.int/news/statement-icc-prosecutor-karim-aa-khan-kc-receipt-referral-republic-lithuania ↩

349. A situation is listed here if an investigation was begun by the Prosecutor. ↩

350. Indicted but has not yet appeared before the Court. ↩

351. Indicted and has had at least first appearance; trial has not yet begun. ↩

352. Trial has begun but has not yet been completed. ↩

353. Trial has been completed and verdict delivered but appeal is pending. ↩

354. Indicted but died before the trial or appeal (where applicable) was concluded. ↩

355. Indicted but case was held inadmissible. ↩

356. Indicted but either charges not confirmed or withdrawn or proceedings terminated or acquitted. If charges were not confirmed or withdrawn or if proceedings were terminated, the Prosecutor may again prosecute with fresh evidence. ↩

357. Pre-Trial Chamber currently in charge ↩

358. Trial Chambers currently in charge; once proceedings have moved to the Appeals Chamber, the Trial Chamber designation will be removed here. ↩

359. A situation is listed here if the Prosecutor of the Court has opened an investigation. ↩

360. Obviously, only persons who are publicly indicted are listed. The Court can issue an indictment under seal. ↩

361. If not otherwise noted, the indicted is wanted by warrant of arrest. ↩

362. If there was a warrant of arrest, the dates of transfer to the International Criminal Court (in italics) and of the initial appearance are given. In case of a summons to appear, only the date of the initial appearance is given. ↩

363. ICC case information sheet on the Lubanga case. Retrieved 11 June 2020. https://www.icc-cpi.int/CaseInformationSheets/LubangaEng.pdf ↩

364. ICC case information sheet on the Ntaganda case. Retrieved 9 July 2022. https://www.icc-cpi.int/CaseInformationSheets/NtagandaEng.pdf ↩

365. Article 110 (3) of the Rome Statute of the International Court states that "[w]hen the person has served two thirds of the sentence, or 25 years in the case of life imprisonment, the Court shall review the sentence to determine whether it should be reduced. Such a review shall not be conducted before that time." Article 78 (3) of the Rome Statute specifies that "[i]n imposing a sentence of imprisonment, the Court shall deduct the time, if any, previously spent in detention in accordance with an order of the Court. The Court may deduct any time otherwise spent in detention in connection with conduct underlying the crime." The Court's Trial Chamber VI determined in its sentencing decision that the time since 22 March 2013 is to be deducted from the sentence. Thus, Bosco Ntaganda is to be released on or before 22 March 2043. Starting from 22 March 2013, two-thirds of thirty years (twenty years) will elapse on 22 March 2033. http://www.icc-cpi.int/NR/rdonlyres/ADD16852-AEE9-4757-ABE7-9CDC7CF02886/283503/RomeStatutEng1.pdf ↩

366. ICC case information sheet on the Katanga case. Retrieved 11 June 2020. https://www.icc-cpi.int/CaseInformationSheets/KatangaEng.pdf ↩

367. ICC case information sheet on the Chui case. Retrieved 11 June 2020. https://www.icc-cpi.int/CaseInformationSheets/ChuiEng.pdf ↩

368. According to Article 61 (8) of the Rome Statute, "where the Pre-Trial Chamber declines to confirm a charge, the Prosecutor shall not be precluded from subsequently requesting its confirmation if the request is supported by additional evidence." /wiki/Rome_Statute ↩

369. ICC case information sheet on the Mbarushimana case. Retrieved 11 June 2020. https://www.icc-cpi.int/CaseInformationSheets/MbarushimanaEng.pdf ↩

370. Mbarushimana case: ICC Appeals Chamber rejects the Prosecution’s appeal. ICC. Retrieved 30 May 2012. http://icc-cpi.int/NR/exeres/35C16C8C-5E5E-4181-AF6F-B7FEFC0E35D2.htm ↩

371. ICC case information sheet on the Mudacumura case.. Retrieved 11 June 2020. https://www.icc-cpi.int/CaseInformationSheets/MudacumuraEng.pdf ↩

372. "DRC army says Rwandan Hutu rebel commander Mudacumura killed". Al Jazeera English. 18 September 2019. Archived from the original on 3 November 2019. Retrieved 3 November 2019. https://www.aljazeera.com/news/2019/09/rwandan-army-hutu-rebel-commander-mudacumura-killed-drc-190918113859649.html ↩

373. ICC case information sheet on the Kony case. Retrieved 13 April 2023. https://www.icc-cpi.int/sites/default/files/2024-04/KonyEng.pdf ↩

374. ICC case information sheet on the Ongwen case. Retrieved 13 April 2023. https://www.icc-cpi.int/sites/default/files/2022-12/OngwenEng.pdf ↩

375. Article 110 (3) of the Rome Statute of the International Court states that "[w]hen the person has served two thirds of the sentence, or 25 years in the case of life imprisonment, the Court shall review the sentence to determine whether it should be reduced. Such a review shall not be conducted before that time." Article 78 (3) of the Rome Statute specifies that "[i]n imposing a sentence of imprisonment, the Court shall deduct the time, if any, previously spent in detention in accordance with an order of the Court. The Court may deduct any time otherwise spent in detention in connection with conduct underlying the crime." The Court's Trial Chamber IX determined in its sentencing decision that the time since 4 January 2015 is to be deducted from the sentence. Thus, Dominic Ongwen is to be released on or before 4 January 2040. Starting from 4 January 2015, two-thirds of twenty-five years (sixteen years, eight months) will elapse on 4 September 2031. http://www.icc-cpi.int/NR/rdonlyres/ADD16852-AEE9-4757-ABE7-9CDC7CF02886/283503/RomeStatutEng1.pdf ↩

376. ICC case information sheet on the Bemba case. Retrieved 11 June 2020. https://www.icc-cpi.int/CaseInformationSheets/BembaEng.pdf ↩

377. ICC case information sheet on the Bemba et al. case. Retrieved 11 June 2020. https://www.icc-cpi.int/CaseInformationSheets/Bemba-et-alEng.pdf ↩

378. ICC case information sheet on the Harun case. Retrieved 28 November 2024. https://www.icc-cpi.int/sites/default/files/CaseInformationSheets/haruneng.pdf ↩

379. ICC case information sheet on the Abd-Al-Rahman case. Retrieved 28 November 2024. https://www.icc-cpi.int/sites/default/files/2024-08/abd-al-rahmaneng.pdf ↩

380. ICC case information sheet on the al-Bashir case. Retrieved 11 June 2020. https://www.icc-cpi.int/CaseInformationSheets/AlBashirEng.pdf ↩

381. According to Article 61 (8) of the Rome Statute, "where the Pre-Trial Chamber declines to confirm a charge, the Prosecutor shall not be precluded from subsequently requesting its confirmation if the request is supported by additional evidence." /wiki/Rome_Statute ↩

382. ICC case information sheet on the Abu Garda case. Retrieved 11 June 2020. https://www.icc-cpi.int/CaseInformationSheets/AbuGardaEng.pdf ↩

383. ICC case information sheet on the Banda case. Retrieved 11 June 2020. https://www.icc-cpi.int/CaseInformationSheets/BandaEng.pdf ↩

384. ICC case information sheet on the Hussein case. Retrieved 11 June 2020. https://www.icc-cpi.int/CaseInformationSheets/HusseinEng.pdf ↩

385. ICC case information sheet on the Ruto-Sang case. Retrieved 11 June 2020. https://www.icc-cpi.int/CaseInformationSheets/RutoSangEng.pdf ↩

386. According to Article 61 (8) of the Rome Statute, "where the Pre-Trial Chamber declines to confirm a charge, the Prosecutor shall not be precluded from subsequently requesting its confirmation if the request is supported by additional evidence." /wiki/Rome_Statute ↩

387. ICC case information sheet on the Kenyatta case. Retrieved 11 June 2020. https://www.icc-cpi.int/CaseInformationSheets/KenyattaEng.pdf ↩

388. According to Article 61 (8) of the Rome Statute, "where the Pre-Trial Chamber declines to confirm a charge, the Prosecutor shall not be precluded from subsequently requesting its confirmation if the request is supported by additional evidence." /wiki/Rome_Statute ↩

389. The Prosecutor v. Walter Osapiri Barasa. ICC information page. Retrieved 5 May 2016. https://www.icc-cpi.int/en_menus/icc/situations%20and%20cases/situations/situation%20icc%200109/related%20cases/ICC-0109-0113/Pages/default.aspx ↩

390. ICC case information sheet on the Gicheru case. Retrieved 23 July 2022. https://www.icc-cpi.int/sites/default/files/2022-06/gicheruEng.pdf ↩

391. ICC terminates proceedings against Paul Gicheru. ICC press release. 14 October 2022. Retrieved 13 April 2023. https://www.icc-cpi.int/news/icc-terminates-proceedings-against-paul-gicheru ↩

392. The Prosecutor v. Paul Gicheru and Philip Kipkoech Bett. ICC information page. Retrieved 5 May 2016. https://www.icc-cpi.int/en_menus/icc/situations%20and%20cases/situations/situation%20icc%200109/related%20cases/ICC-01_09-01_15/Pages/default.aspx ↩

393. ICC case information sheet on the Gaddafi case. Retrieved 22 June 2020. https://www.icc-cpi.int/CaseInformationSheets/GaddafiEng.pdf ↩

394. ICC case information sheet on the Khaled case. Retrieved 23 May 2024. https://www.icc-cpi.int/CaseInformationSheets/KhaledEng.pdf ↩

395. Al-Werfalli Case. Retrieved 18 June 2022. https://www.icc-cpi.int/libya/al-werfalli ↩

396. Arrest warrant for Al Kani. Retrieved 21 November 2024. https://www.icc-cpi.int/sites/default/files/RelatedRecords/0902ebd1809a5d32.pdf ↩

397. Arrest warrant for Douma. Retrieved 21 November 2024. https://www.icc-cpi.int/sites/default/files/RelatedRecords/0902ebd1809a5d35.pdf ↩

398. Arrest warrant for Al Lahsa. Retrieved 21 November 2024. https://www.icc-cpi.int/sites/default/files/RelatedRecords/0902ebd1809a5d36.pdf ↩

399. Arrest warrant for Salheen. Retrieved 21 November 2024. https://www.icc-cpi.int/sites/default/files/RelatedRecords/0902ebd1809a5d37.pdf ↩

400. Arrest warrant for Al Shaqaqi. Retrieved 21 November 2024. https://www.icc-cpi.int/sites/default/files/RelatedRecords/0902ebd1809a5d38.pdf ↩

401. Arrest warrant for Al Zinkal. Retrieved 21 November 2024. https://www.icc-cpi.int/sites/default/files/RelatedRecords/0902ebd1809a5d39.pdf ↩

402. Warrant of Arrest for Mr Osama Elmasry / Almasri Njeem. Retrieved 1 March 2025. https://www.icc-cpi.int/court-record/icc-01/11-152 ↩

403. ICC case information sheet on the L. Gbagbo-Blé Goude case. Retrieved 21 July 2022. https://www.icc-cpi.int/CaseInformationSheets/gbagbo-goudeEng.pdf ↩

404. ICC case information sheet on the Simone Gbagbo case. Retrieved 21 July 2022. https://www.icc-cpi.int/CaseInformationSheets/SimoneGbagboEng.pdf ↩

405. ICC case information sheet on the al-Mahdi case. Retrieved 23 May 2024. https://www.icc-cpi.int/sites/default/files/CaseInformationSheets/Al-MahdiEng.pdf ↩

406. Situation in Mali: ICC unseals arrest warrant against Iyad Ag Ghaly. ICC press release. 21 June 2024. https://www.icc-cpi.int/news/situation-mali-icc-unseals-arrest-warrant-against-iyad-ag-ghaly ↩

407. ICC case information sheet on the Al Hassan case. Retrieved 19 December 2024. https://www.icc-cpi.int/sites/default/files/2024-12/al-hassanEng_0.pdf ↩

408. Article 110 (3) of the Rome Statute of the International Court states that "[w]hen the person has served two thirds of the sentence, or 25 years in the case of life imprisonment, the Court shall review the sentence to determine whether it should be reduced. Such a review shall not be conducted before that time." Article 78 (3) of the Rome Statute specifies that "[i]n imposing a sentence of imprisonment, the Court shall deduct the time, if any, previously spent in detention in accordance with an order of the Court. The Court may deduct any time otherwise spent in detention in connection with conduct underlying the crime." The Court's Trial Chamber X determined in its sentencing decision that the time since 28 March 2018 is to be deducted from the sentence. Thus, Al Hassan Ag Abdoul Aziz is to be released on or before 28 March 2028. Starting from 28 March 2018, two-thirds of ten years (six years, eight months) elapsed on 28 November 2024. http://www.icc-cpi.int/NR/rdonlyres/ADD16852-AEE9-4757-ABE7-9CDC7CF02886/283503/RomeStatutEng1.pdf ↩

409. ICC case information sheet on the Yekatom-Ngaïssona case. Retrieved 14 April 2023. https://www.icc-cpi.int/sites/default/files/2023-03/yekatom-ngaissonaEn.pdf ↩

410. Arrest warrant for Beina. ICC. Retrieved 21 November 2024. https://www.icc-cpi.int/sites/default/files/CourtRecords/0902ebd1801f59c9.pdf ↩

411. ICC case information sheet on the Mokom case. Retrieved 14 April 2023. https://www.icc-cpi.int/sites/default/files/2023-02/MokomEng.pdf ↩

412. ICC case information sheet on the Said case. Retrieved 14 April 2023. https://www.icc-cpi.int/sites/default/files/2023-02/saidENG.pdf ↩

413. Situation in CAR II: ICC Pre-Trial Chamber II issues public redacted version of Arrest Warrant for Mahamat Nouradine Adam. ICC press release. Retrieved 14 April 2023. https://www.icc-cpi.int/news/situation-car-ii-icc-pre-trial-chamber-ii-issues-public-redacted-version-arrest-warrant ↩

414. Situation in Georgia. ICC information page. Retrieved 14 April 2023. https://www.icc-cpi.int/georgia ↩

415. Situation in the Republic of Burundi. ICC information page. Retrieved 15 November 2017. https://www.icc-cpi.int/burundi ↩

416. Situation in the People’s Republic of Bangladesh/Republic of the Union of Myanmar. International Criminal Court. Retrieved 11 June 2020. https://www.icc-cpi.int/bangladesh-myanmar ↩

417. International Criminal Court's investigation into Alleged crimes against humanity and war crimes committed in Afghanistan since 1 May 2003. International Criminal Court. Retrieved 15 March 2019. https://www.icc-cpi.int/afghanistan ↩

418. Statement of ICC Prosecutor Karim A.A. Khan KC: Applications for arrest warrants in the situation in the State of Palestine. 20 May 2024. Retrieved 21 November 2024. https://www.icc-cpi.int/news/statement-icc-prosecutor-karim-aa-khan-kc-applications-arrest-warrants-situation-state. ↩

419. Situation in the State of Palestine: ICC Pre-Trial Chamber I issues warrant of arrest for Mohammed Diab Ibrahim Al-Masri (Deif). 21 November 2024. Retrieved 21 November 2024. https://www.icc-cpi.int/news/situation-state-palestine-icc-pre-trial-chamber-i-issues-warrant-arrest-mohammed-diab-ibrahim. ↩

420. Decision terminating proceedings against Mr Mohammed Diab Ibrahim Al Masri (Deif) 26 February 2025. Retrieved 1 March 2025. https://www.icc-cpi.int/court-record/icc-01/18-417. ↩

421. Statement of ICC Prosecutor Karim A.A. Khan KC: Applications for arrest warrants in the situation in the State of Palestine. 20 May 2024. Retrieved 21 November 2024. https://www.icc-cpi.int/news/statement-icc-prosecutor-karim-aa-khan-kc-applications-arrest-warrants-situation-state. ↩

422. Situation in the State of Palestine: ICC Pre-Trial Chamber I rejects the State of Israel’s challenges to jurisdiction and issues warrants of arrest for Benjamin Netanyahu and Yoav Gallant. 21 November 2024. Retrieved 21 November 2024. https://www.icc-cpi.int/news/situation-state-palestine-icc-pre-trial-chamber-i-rejects-state-israels-challenges. ↩

423. Duterte Case. International Criminal Court. Retrieved 14 March 2025. https://www.icc-cpi.int/philippines/duterte ↩

424. Situation in the Bolivarian Republic of Venezuela I. Retrieved 14 April 2024. https://www.icc-cpi.int/venezuela-i ↩

425. Situation in Ukraine: ICC judges issue arrest warrants against Vladimir Vladimirovich Putin and Maria Alekseyevna Lvova-Belova. ICC press release. Retrieved 14 April 2023. https://www.icc-cpi.int/news/situation-ukraine-icc-judges-issue-arrest-warrants-against-vladimir-vladimirovich-putin-and ↩

426. Situation in Ukraine: ICC judges issue arrest warrants against Sergei Ivanovich Kobylash and Viktor Nikolayevich Sokolov. ICC press release. Retrieved 13 April 2024. https://www.icc-cpi.int/news/situation-ukraine-icc-judges-issue-arrest-warrants-against-sergei-ivanovich-kobylash-and ↩

427. Situation in Ukraine: ICC judges issue arrest warrants against Sergei Kuzhugetovich Shoigu and Valery Vasilyevich Gerasimov. ICC press release. Retrieved 25 June 2024. https://www.icc-cpi.int/news/situation-ukraine-icc-judges-issue-arrest-warrants-against-sergei-kuzhugetovich-shoigu-and ↩

428. Rome statute. On Wikisource. On legal.un.org. https://en.wikisource.org/wiki/Rome_Statute_of_the_International_Criminal_Court ↩

429. "Abadir M. Ibrahim, The International Criminal Court in Light of Controlling Factors of the Effectiveness of International Human Rights Mechanisms, 7 Eyes on the International Criminal Court (2011)" (PDF). Archived from the original (PDF) on 25 April 2012. Retrieved 4 November 2011. https://web.archive.org/web/20120425132909/http://www.americanstudents.us/Eyes7/Public/Eyes%20on%20the%20ICC%207.1%20full%20volume%20preview.pdf ↩

430. "UN Secretary-General visits ICC". International Criminal Court. 1 February 2007. Archived from the original on 11 February 2007. Retrieved 10 February 2007. https://web.archive.org/web/20070211053856/http://www.icc-cpi.int/press/pressreleases/222.html ↩

431. "UN Secretary-General visits ICC". International Criminal Court. 1 February 2007. Archived from the original on 11 February 2007. Retrieved 10 February 2007. https://web.archive.org/web/20070211053856/http://www.icc-cpi.int/press/pressreleases/222.html ↩

432. "Report of the International Criminal Court for 2005–2006" (PDF). International Criminal Court. August 2006. Archived from the original (PDF) on 16 February 2008. Retrieved 14 May 2007. https://web.archive.org/web/20080216043627/http://www.icc-cpi.int/library/organs/presidency/ICC_Report-to-UN_2006_English.pdf ↩

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