Jurisdiction and Admissibility

The Court may exercise jurisdiction over genocide, crimes against humanity and war crimes. These crimes are defined in detail in the
Rome Statute. In addition, a supplementary text of the Elements of Crimes provides a breakdown of the elements of each crime.
The Court has jurisdiction over individuals accused of these crimes. This includes those directly responsible for committing the
crimes as well as others who may be liable for the crimes, for example by aiding, abetting or otherwise assisting in the commission of
a crime. The latter group also includes military commanders or other superiors whose responsibility is defined in the Statute.
The Court does not have universal jurisdiction. The Court may only exercise jurisdiction if:

The accused is a national of a State Party or a State otherwise accepting the jurisdiction of the Court;

The crime took place on the territory of a State Party or a State otherwise accepting the jurisdiction of the Court; or

The United Nations Security Council has referred the situation to the Prosecutor, irrespective of the nationality of the accused
or the location of the crime.

The Courts jurisdiction is further limited to events taking place since 1 July 2002. In addition, if a State joins the Court after 1 July
2002, the Court only has jurisdiction after the Statute entered into force for that State. Such a State may nonetheless accept the
jurisdiction of the Court for the period before the Statutes entry into force. However, in no case can the Court exercise jurisdiction
over events before 1 July 2002.
Even where the Court has jurisdiction, it will not necessarily act. The principle of complementarity provides that certain cases will
be inadmissible even though the Court has jurisdiction. In general, a case will be inadmissible if it has been or is being investigated or
prosecuted by a State with jurisdiction. However, a case may be admissible if the investigating or prosecuting State is unwilling or
unable to genuinely to carry out the investigation or prosecution. For example, a case would be admissible if national proceedings
were undertaken for the purpose of shielding the person from criminal responsibility. In addition, a case will be inadmissible if it is
not of sufficient gravity to justify further action by the Court.

1. What is the International Criminal Court?

The International Criminal Court (the ICC or the Court) is a permanent international court
established to investigate, prosecute and try individuals accused of committing the most serious
crimes of concern to the international community as a whole, namely the crime of genocide, crimes
against humanity, war crimes and the crime of aggression.

3. What is the Rome Statute?

On 17 July 1998, a conference of 160 States established the first treaty-based permanent international
criminal court. The treaty adopted during that conference is known as the Rome Statute of the
International Criminal Court. Among other things, it sets out the crimes falling within the jurisdiction
of the ICC, the rules of procedure and the mechanisms for States to cooperate with the ICC. The
countries which have accepted these rules are known as States Parties and are represented in the
Assembly of States Parties.
The Assembly of States Parties, which meets at least once a year, sets the general policies for the
administration of the Court and reviews its activities. During those meetings, the States Parties review
the activities of the working groups established by the States and any other issues relevant to the ICC,

discuss new projects and adopt the ICCs annual budget

3. What is the Rome Statute?

On 17 July 1998, a conference of 160 States established the first treaty-based permanent international
criminal court. The treaty adopted during that conference is known as the Rome Statute of the
International Criminal Court. Among other things, it sets out the crimes falling within the jurisdiction
of the ICC, the rules of procedure and the mechanisms for States to cooperate with the ICC. The
countries which have accepted these rules are known as States Parties and are represented in the
Assembly of States Parties.

The Assembly of States Parties, which meets at least once a year, sets the general policies for the
administration of the Court and reviews its activities. During those meetings, the States Parties review
the activities of the working groups established by the States and any other issues relevant to the ICC,
discuss new projects and adopt the ICCs annual budget

3. What is the Rome Statute?

On 17 July 1998, a conference of 160 States established the first treaty-based permanent international
criminal court. The treaty adopted during that conference is known as the Rome Statute of the
International Criminal Court. Among other things, it sets out the crimes falling within the jurisdiction
of the ICC, the rules of procedure and the mechanisms for States to cooperate with the ICC. The
countries which have accepted these rules are known as States Parties and are represented in the
Assembly of States Parties.
The Assembly of States Parties, which meets at least once a year, sets the general policies for the
administration of the Court and reviews its activities. During those meetings, the States Parties review
the activities of the working groups established by the States and any other issues relevant to the ICC,
discuss new projects and adopt the ICCs annual budget

9. Is the ICC meant to replace national courts?

No. The ICC does not replace national criminal justice systems; rather, it complements them. It can
investigate and, where warranted, prosecute and try individuals only if the State concerned does not,
cannot or is unwilling genuinely to do so. This might occur where proceedings are unduly delayed or
are intended to shield individuals from their criminal responsibility. This is known as the principle of
complementarity, under which priority is given to national systems. States retain primary responsibility
for trying the perpetrators of the most serious of crimes.

10. Under what conditions does the ICC exercise its jurisdiction?
When a State becomes a party to the Rome Statute, it agrees to submit itself to the jurisdiction of the
ICC with respect to the crimes enumerated in the Statute. The Court may exercise its jurisdiction
in situations where the alleged perpetrator is a national of a State Party or where the crime was
committed in the territory of a State Party. Also, a State not party to the Statute may decide to accept
the jurisdiction of the ICC. These conditions do not apply when the Security Council, acting under
Chapter VII of the United Nations Charter, refers a situation to the Office of the Prosecutor.

11. Is the ICCs jurisdiction time bound?

The ICC has jurisdiction only with respect to events which occurred after the entry into force of its
Statute on 1 July 2002. If a State becomes a party to the Statute after its entry into force, the Court
may exercise its jurisdiction only with respect to crimes committed after the entry into force of the
Statute for that State, unless that State has made a declaration accepting the jurisdiction of the ICC
retroactively. However, the Court cannot exercise jurisdiction with respect to events which occurred
before 1 July 2002. For a new State Party, the Statute enters into force on the first day of the month after
the 60th day following the date of the deposit of its instrument of ratification, acceptance, approval or
accession.

12. Who can be prosecuted before the ICC?

The ICC prosecutes individuals, not groups or States. Any individual who is alleged to have committed
crimes within the jurisdiction of the ICC may be brought before the ICC. In fact, the Office of the
Prosecutors prosecutorial policy is to focus on those who, having regard to the evidence gathered,
bear the greatest responsibility for the crimes, and does not take into account any official position that
may be held by the alleged perpetrators.

14. If those who bear the greatest responsibility hold high political or military office, are
they not exempt from prosecution? Can they not be granted immunity or amnesty?
No one is exempt from prosecution because of his or her current functions or because of the position
he or she held at the time the crimes concerned were committed.
Acting as a Head of State or Government, minister or parliamentarian does not exempt anyone from
criminal responsibility before the ICC.
In some circumstances, a person in a position of authority may even be held responsible for crimes
committed by those acting under his or her command or orders.

Likewise, amnesty cannot be used as a defence before the ICC. As such, it cannot bar the Court from
exercising its jurisdiction.

25. Which crimes fall within the jurisdiction of the ICC?

The mandate of the Court is to try individuals (rather than States), and to hold such persons accountable
for the most serious crimes of concern to the international community as a whole, namely the crime of
genocide, war crimes, crimes against humanity, and the crime of aggression, when the conditions for
the exercise of the Courts jurisdiction over the latter are fulfilled.
26. What is genocide?
According to the Rome Statute, genocide means any of the following acts committed with the intent
to destroy, in whole or in part, a national, ethnical, racial or religious group:

killing members of the group;

causing serious bodily or mental harm to members of the group;

deliberately inflicting on the group conditions of life calculated to bring about its
physical destruction in whole or in part;

imposing measures intended to prevent births within the group;

forcibly transferring children of the group to another group.

27. What are crimes against humanity?

Crimes against humanity include any of the following acts committed as part of a widespread or
systematic attack directed against any civilian population, with knowledge of the attack:

murder;

extermination;

enslavement;

deportation or forcible transfer of population;

imprisonment;

torture;

rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization,

or any other form of sexual violence of comparable gravity;

persecution against an identifiable group on political, racial, national, ethnic, cultural,

religious or gender grounds;

enforced disappearance of persons;

the crime of apartheid;

other inhumane acts of a similar character intentionally causing great suffering or

serious bodily or mental injury

28. What are war crimes?

War crimes include grave breaches of the Geneva Conventions and other serious violations of the
laws and customs applicable in international armed conflict and in conflicts not of an international
character listed in the Rome Statute, when they are committed as part of a plan or policy or on a large
scale. These prohibited acts include:

murder;

mutilation, cruel treatment and torture;

taking of hostages;

intentionally directing attacks against the civilian population;

intentionally directing attacks against buildings dedicated to religion, education, art,

science or charitable purposes, historical monuments or hospitals;

pillaging;

rape, sexual slavery, forced pregnancy or any other form of sexual violence;

conscripting or enlisting children under the age of 15 years into armed forces or
groups or using them to participate actively in hostilities

29. What is a crime of aggression?

As adopted by the Assembly of States Parties during the Review Conference of the Rome Statute, held
in Kampala (Uganda) between 31 May and 11 June 2010, a crime of aggression means the planning,
preparation, initiation or execution of an act of using armed force by a State against the sovereignty,
territorial integrity or political independence of another State.
The act of aggression includes, among other things, invasion, military occupation, and annexation by
the use of force, blockade of the ports or coasts, if it is considered being, by its character, gravity and
scale, a manifest violation of the Charter of the United Nations.
The perpetrator of the act of aggression is a person who is in a position effectively to exercise control
over or to direct the political or military action of a State.

60. Who can present evidence?

All parties to the trial may present evidence relevant to the case. Everyone is presumed innocent until
proven guilty according to law. The Prosecution has the burden of proving that the accused is guilty
beyond all reasonable doubt. The accused has the right to examine the Prosecutions witnesses, and to
call and examine witnesses on his or her own behalf under the same conditions as the Prosecutions
witnesses.
When the personal interests of victims are affected, the Court allows their views and concerns to be

presented and considered at stages of the proceedings determined to be appropriate by the Court and
in a manner which is not prejudicial to or inconsistent with the rights of the accused and a fair and
impartial trial. Their views and concerns may be presented by their legal representatives.
In a judgment rendered on 11 July 2008, the Appeals Chamber granted victims the right to lead evidence
pertaining to the guilt or innocence of the accused and to challenge the admissibility or relevance of
evidence, although this right lies primarily with the parties, namely the Prosecution and the Defence.
This right is subject to stringent conditions, namely proving that the victims have a personal interest
in doing so, and to the requests consistency with the rights of the defence and the requirements of a
fair trial. Victims must also comply with disclosure obligations, notify the request to the parties, and
comply with the Courts orders on the protection of certain persons. Lastly, the appropriateness of the
victims request is subject to the judges assessment.

Article 11
Jurisdiction ratione temporis

1. The Court has jurisdiction only with respect to crimes committed after the entry into force of this Statute.
2. If a State becomes a Party to this Statute after its entry into force, the Court may exercise its jurisdiction only with respect to crimes
committed after the entry into force of this Statute for that State, unless that State has made a declaration under article 12, paragraph 3.

Article 12
Preconditions to the exercise of jurisdiction

1. A State which becomes a Party to this Statute thereby accepts the jurisdiction of the Court with respect to the crimes referred to in
article 5.
2. In the case of article 13, paragraph (a) or (c), the Court may exercise its jurisdiction if one or more of the following States are
Parties to this Statute or have accepted the jurisdiction of the Court in accordance with paragraph 3:
(a) The State on the territory of which the conduct in question occurred or, if the crime was committed on board a vessel or aircraft,
the State of registration of that vessel or aircraft;
(b) The State of which the person accused of the crime is a national.
3. If the acceptance of a State which is not a Party to this Statute is required under paragraph 2, that State may, by declaration lodged
with the Registrar, accept the exercise of jurisdiction by the Court with respect to the crime in question. The accepting State shall
cooperate with the Court without any delay or exception in accordance with Part 9.

Article 13
Exercise of jurisdiction

The Court may exercise its jurisdiction with respect to a crime referred to in article 5 in accordance with the provisions of this Statute
if:
(a) A situation in which one or more of such crimes appears to have been committed is referred to the Prosecutor by a State Party in
accordance with article 14;
(b) A situation in which one or more of such crimes appears to have been committed is referred to the Prosecutor by the Security
Council acting under Chapter VII of the Charter of the United Nations; or
(c) The Prosecutor has initiated an investigation in respect of such a crime in accordance with article 15.

Article 14
Referral of a situation by a State Party

1. A State Party may refer to the Prosecutor a situation in which one or more crimes within the jurisdiction of the Court appear to have
been committed requesting the Prosecutor to investigate the situation for the purpose of determining whether one or more specific
persons should be charged with the commission of such crimes.
2. As far as possible, a referral shall specify the relevant circumstances and be accompanied by such supporting documentation as is
available to the State referring the situation.

Article 17
Issues of admissibility

1. Having regard to paragraph 10 of the Preamble and article 1, the Court shall determine that a case is inadmissible where:
(a) The case is being investigated or prosecuted by a State which has jurisdiction over it, unless the State is unwilling or unable
genuinely to carry out the investigation or prosecution;
(b) The case has been investigated by a State which has jurisdiction over it and the State has decided not to prosecute the person
concerned, unless the decision resulted from the unwillingness or inability of the State genuinely to prosecute;
(c) The person concerned has already been tried for conduct which is the subject of the complaint, and a trial by the Court is not
permitted under article 20, paragraph 3;
(d) The case is not of sufficient gravity to justify further action by the Court.
2. In order to determine unwillingness in a particular case, the Court shall consider, having regard to the principles of due process
recognized by international law, whether one or more of the following exist, as applicable:
(a) The proceedings were or are being undertaken or the national decision was made for the purpose of shielding the person concerned
from criminal responsibility for crimes within the jurisdiction of the Court referred to in article 5;
(b) There has been an unjustified delay in the proceedings which in the circumstances is inconsistent with an intent to bring the person
concerned to justice;
(c) The proceedings were not or are not being conducted independently or impartially, and they were or are being conducted in a
manner which, in the circumstances, is inconsistent with an intent to bring the person concerned to justice.

3. In order to determine inability in a particular case, the Court shall consider whether, due to a total or substantial collapse or
unavailability of its national judicial system, the State is unable to obtain the accused or the necessary evidence and testimony or
otherwise unable to carry out its proceedings.

Article 25
Individual criminal responsibility

1. The Court shall have jurisdiction over natural persons pursuant to this Statute.
2. A person who commits a crime within the jurisdiction of the Court shall be individually responsible and liable for punishment in
accordance with this Statute.
3. In accordance with this Statute, a person shall be criminally responsible and liable for punishment for a crime within the jurisdiction
of the Court if that person:
(a) Commits such a crime, whether as an individual, jointly with another or through another person, regardless of whether that other
person is criminally responsible;
(b) Orders, solicits or induces the commission of such a crime which in fact occurs or is attempted;
(c) 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;
(d) 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. Such contribution shall be intentional and shall either:
(i) Be made with the aim of furthering the criminal activity or criminal purpose of the group, where such activity or purpose involves
the commission of a crime within the jurisdiction of the Court; or
(ii) Be made in the knowledge of the intention of the group to commit the crime;
(e) In respect of the crime of genocide, directly and publicly incites others to commit genocide;
(f) 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 intentions. However, a person who abandons the effort to commit the
crime or otherwise prevents the completion of the crime shall not be liable for punishment under this Statute for the attempt to commit
that crime if that person completely and voluntarily gave up the criminal purpose.
4. No provision in this Statute relating to individual criminal responsibility shall affect the responsibility of States under international
law.