When the International Criminal Court appears in the news, it is usually because of a warrant, a trial or a dispute over cooperation. Less often explained is what the court is built to do, and the limits written into its founding treaty.
The ICC is a permanent court in The Hague that investigates and, where warranted, tries individuals charged with genocide, crimes against humanity, war crimes and the crime of aggression. It was created by the Rome Statute, a treaty adopted at a United Nations diplomatic conference in Rome on 17 July 1998. The court describes itself as the world’s first permanent international criminal court.
Four crimes, and only people
The Rome Statute gives the court jurisdiction over four categories of crime. Genocide requires a specific intent to destroy, in whole or in part, a national, ethnic, racial or religious group. Crimes against humanity are serious violations committed as part of a large-scale attack on a civilian population. War crimes are grave breaches of the laws of armed conflict. The crime of aggression covers the use of armed force by a state against another state’s sovereignty, integrity or independence; the court’s jurisdiction over it was activated as of 17 July 2018.
The court prosecutes individuals, not governments. Article 25 of the Rome Statute states that “the Court shall have jurisdiction over natural persons.” Article 27 provides that official capacity, including as a head of state, does not exempt a person from criminal responsibility. Article 26 excludes anyone who was under 18 at the time of the alleged crime.
How a situation reaches the court
Under Article 13 of the Rome Statute, there are three ways the court’s jurisdiction can be triggered: a State Party refers a situation to the Prosecutor, the UN Security Council refers a situation under Chapter VII of the UN Charter, or the Prosecutor opens an investigation on their own initiative under Article 15, which requires authorization from the Pre-Trial Chamber.
The court can only act on crimes committed on or after 1 July 2002, when the Rome Statute entered into force. Outside a Security Council referral, the crimes generally must have been committed on the territory of a State Party, by a national of a State Party, or in a state that has accepted the court’s jurisdiction. The Security Council has referred two situations: Darfur, Sudan, and Libya.
The ICC is a court of last resort. It acts only when national courts are unwilling or unable to genuinely prosecute.
That principle is called complementarity. Under Article 17, a case is inadmissible if a state with jurisdiction is genuinely investigating or prosecuting it. Before any investigation, the Office of the Prosecutor conducts a preliminary examination of jurisdiction, gravity, complementarity and the interests of justice.
From warrant to verdict
If the Prosecution identifies a suspect, it asks judges for an arrest warrant or a summons to appear. The court has no police force of its own, so it relies on states to make arrests and transfer suspects to its detention centre.
Three Pre-Trial judges then decide at a confirmation of charges hearing whether there is enough evidence for a trial. At trial, three judges hear the case, and the Prosecution must prove guilt beyond reasonable doubt. Judges can impose up to 30 years’ imprisonment, or life imprisonment in exceptional circumstances, and can order reparations for victims. Appeals are heard by five judges of the Appeals Chamber, who are never the same judges who gave the original verdict. Sentences are served in countries that have agreed to enforce them.
According to the court’s facts and figures, as of October 2026 there had been 34 cases before the court; judges had issued 68 arrest warrants, and had handed down 15 convictions and 4 acquittals.
Who runs it
The court has four organs: the Presidency, the Judicial Divisions of 18 judges, the Office of the Prosecutor and the Registry. Judges serve nine-year terms. The Assembly of States Parties, made up of the countries that have joined the Rome Statute, elects the judges and the Prosecutor and approves the budget. A separate Trust Fund for Victims, created in 2004, implements court-ordered reparations and supports victims and their families.
Not to be confused with the ICJ
The International Court of Justice is also in The Hague, but it is a different institution. The ICJ is the principal judicial organ of the United Nations, established by the UN Charter in 1945. It settles legal disputes between states and gives advisory opinions; it does not try individuals. Its 15 judges sit in the Peace Palace. The ICC, by contrast, is not a UN body, although it has a cooperation agreement with the United Nations.
The short version: the ICJ hears cases between countries. The ICC hears cases against people.
Cover photo: The International Criminal Court’s flag outside the court in The Hague, July 2024. Photo: Tony Webster via Wikimedia Commons, CC BY 2.0.
Sources
- International Criminal Court, “About the Court” (facts and figures)
- International Criminal Court, “How the Court works”
- Rome Statute of the International Criminal Court (official ICC publication)
- Assembly of States Parties, “The States Parties to the Rome Statute”
- International Court of Justice, “The Court”