When Interpol Comes Calling…™
International Criminal Court (ICC)
The ICC is an independent court with jurisdiction over individual with respect to international crimes committed since July 1, 2002. Cases may be referred by States Parties, by the United Nations Security Council, or by states consenting to the Court’s jurisdiction.
Jurisdiction
Jurisdiction at the ICC is based on four criteria. In order for the ICC to hear a case, it must satisfy the requirements for subject matter and temporal jurisdiction, plus it must be able to base its jurisdiction on either personal (the individual charged) or territorial (the place where events in question occurred) bases.
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Subject Matter Jurisdiction
The ICC may try a case brought under any of the crimes listed in the Rome Statute. Today, those crimes are limited to genocide, war crimes, crimes against humanity, crimes of aggression (upon the approval of a statutory definition for this crime), and offenses against the administration of justice.
Temporal Jurisdiction
The ICC may not exercise jurisdiction over any crimes committed prior to July 1, 2002, the date that the Rome Statute entered into force. For nations that ratified the Rome Statute after its entry into force, temporal jurisdiction is limited to crimes committed after the entry into force for that country.
Personal Jurisdiction
The ICC may try any individual who is a national of a state party or who is a national of a state consenting to the Court’s jurisdiction.
Territorial Jurisdiction
The ICC may try a case based on crimes that were committed on the territory of a state party or on the territory of a consenting state.
The ICC may not investigate, indict, or try an individual for crimes not specified in the Rome Statute. There are four international, statutory crimes named in the Rome Statute: genocide, war crimes, crimes against humanity, crimes of aggression (upon the approval of a statutory definition for this crime), and offenses against the administration of justice. There is ongoing debate in the international criminal law community about the inclusion of other crimes by amendment to the Rome Statute. Although the Statute may not be amended for seven years after the entry into force, possible future crimes include torture, terrorism, drug trafficking, and a range of economic crimes.
ICC Statutes and Rules
Rome Statute (1998, entered into force Jul. 01, 2002)
Elements of Crimes (Sep. 9, 2002)
Rules of Procedures and Evidence (Sep. 9, 2002)
Regulations of the Court (as amended, Mar. 9, 2005)
Code of Professional Conduct for Counsel (ICC/ASP/4/32, adopted Dec. 2, 2005)
ICC-Judicial Ethics (Mar. 9, 2005)
Agreement on the Privileges and Immunities of the ICC (July 22, 2004)
Other Documents
ICC-UN-Agreement (Oct. 4, 2004)
Agreement with Interpol
Cases
The first cases will be heard before the ICC in late 2006.