International Criminal Court (ICC) – Rome Statute, Jurisdiction, India’s Stand

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International Criminal Court (ICC) – Rome Statute, Jurisdiction, India’s Stand

International Criminal Court

The International Criminal Court (ICC) is the world’s first permanent treaty-based international criminal court established to investigate and prosecute individuals for the most serious crimes of concern to the international community.
It is responsible for investigating and prosecuting individuals accused of the most serious crimes of global concern, including genocide, war crimes, crimes against humanity, and the crime of aggression.
Established by the Rome Statute (1998) and came into force in 2002.
Headquarters: The Hague, Netherlands.

Mandate

The Court’s founding treaty, called the Rome Statute, grants the ICC jurisdiction over four main crimes i.e Genocide, Crimes against humanity, War crimes, Crime of aggression
It prosecutes individuals (not states) for:
1. Genocide
2. Crimes against humanity
3. War crimes
4. Crime of aggression
Aims to end impunity for perpetrators of grave crimes and contribute to global peace and justice.

Membership

124 member states are parties to the Rome Statute (as of 2025).
Major countries like the USA, China, Russia, India are not members.

Jurisdiction of the ICC

The International Criminal Court can exercise its jurisdiction over cases involving genocide, crimes against humanity, or war crimes committed on or after 1 July 2002, provided that:

The crimes were committed either by a national of a State Party, within the territory of a State Party, or in a state that has accepted the Court’s jurisdiction; or
The crimes were referred to the ICC Prosecutor by the UN Security Council (UNSC) through a resolution under Chapter VII of the UN Charter.

Complementarity

The ICC is intended to complement, not to replace, national criminal systems; it prosecutes cases only when States do not are unwilling or unable to do so genuinely.

Organisation

The Rome Statute has established three separate bodies:

The Assembly of States Parties
The International Criminal Court, which comprises four separate organs
The Trust Fund for Victims.

The Assembly of States Parties

Composed of representatives of member states to the Rome Statute.
Provides management oversight for the Court.
Functions:
- Elects judges and the Prosecutor.
- Approves ICC’s budget.
- Sets broad policies and ensures accountability.
Membership & Voting
- Each State Party has one representative in the Assembly (can be accompanied by alternates/advisers).
- One State = One Vote (Article 112, Rome Statute).
- Decisions ideally by consensus, else by voting.
- Non-State Parties may attend as observers without voting rights.
Meetings
- Meets once a year at:
  - ICC headquarters in The Hague, or
  - UN Headquarters, New York.
- Can also hold special sessions if required.

Four Organs of the ICC

Presidency

1. - Conducts external relations with states.
  - Coordinates judicial matters: assigning judges, cases, and situations.
  - Oversees the administrative work of the Registry.

Judicial Divisions

1. - Comprising 18 judges in 3 divisions: Pre-Trial, Trial, and Appeals.
  - Responsible for conducting judicial proceedings.

Office of the Prosecutor (OTP)

- Conducts preliminary examinations, investigations, and prosecutions.
- Acts independently in pursuing cases.

In Depth

Office of the Prosecutor (ICC)

Introduction

The Office of the Prosecutor (OTP) is an independent organ of the International Criminal Court.
Responsible for examining situations where genocide, crimes against humanity, war crimes, and aggression appear to have been committed.

Functions

Conducts preliminary examinations, investigations, and prosecutions against individuals most responsible for international crimes.
Selects cases independently and impartially without political influence.
Ensures that crimes under ICC jurisdiction are prosecuted when national systems fail to act (principle of complementarity).

Significance

It is the first time in history that an international Prosecutor has been given the mandate, by an ever-growing number of States, to independently and impartially select situations for investigation where atrocity crimes have been or continue to be committed on their territories or by their nationals.
Strengthens accountability and prevents impunity for the gravest crimes.

Appointment

The Prosecutor and Deputy Prosecutors are elected by the Assembly of States Parties (ASP).
Tenure: Non-renewable 9-year term.

Registry

- Handles non-judicial functions: security, interpretation, outreach, and administrative support.
- Provides assistance to defence teams, victims’ lawyers, and witnesses.

Trust Fund for Victims

Established under the Rome Statute.
Provides assistance, support, and reparations to victims of crimes under ICC jurisdiction.
Aims at rehabilitation and justice delivery beyond punishment.

Funding

Although the Court’s expenses are funded primarily by States Parties, it can also receive voluntary contributions from governments, international organisations, individuals, corporations and other entities.

States Parties to the Rome Statute

Role of States Parties

Support the Court and accept the ICC’s jurisdiction.
Work to incorporate Rome Statute provisions into their domestic judicial systems.

Assembly of States Parties (ASP)

States Parties meet at least once a year at the ASP sessions.
Functions:
- Provide management oversight of the Court.
- Establish the budget of the ICC.
- Provide funding.
- Elect judges and the Prosecutor.

FAQs

1. What is the International Criminal Court (ICC)?

The ICC is a permanent international court established under the Rome Statute (1998) to prosecute individuals for genocide, crimes against humanity, war crimes, and the crime of aggression.

2. Is India a member of the ICC?

No, India is not a party to the Rome Statute and has concerns over the ICC’s jurisdiction, sovereignty issues, and its potential misuse.

3. Where is the ICC located?

The ICC is headquartered at The Hague, Netherlands.

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