International Criminal Court

The International Criminal Court (ICC) was created by the Rome Statute, adopted in 1998, which came into force on 1 July 2002. It tries individuals, not States. Its jurisdiction covers four crimes: genocide, crimes against humanity, war crimes and the crime of aggression. It can act over crimes committed on the territory of a State party or by its nationals, or in a situation referred by the UN Security Council.

The ICC is complementary to national courts: it acts only where a State is unwilling or unable genuinely to investigate or prosecute. It should not be confused with the ICJ, which is a UN organ deciding disputes between States; the ICC is an independent treaty body. India has not signed or ratified the Rome Statute, citing among other reasons the Security Council's referral power and the exclusion of nuclear weapons from the list of prohibited weapons.

Example

Since India is not a party to the Rome Statute, the International Criminal Court cannot ordinarily try an Indian national for acts committed in India.

In Indian law

• Rome Statute of the International Criminal Court, 1998

See also

International Court of Justice · genocide · universal jurisdiction · jus in bello

Read more in the study notes

• State Human Rights Commissions, Human Rights Courts and NGOs (Human Rights Law and Practice)
• Corporations, associations, multinational corporations and transnational juristic personality (Legal Concepts)
• Subjects of international law: States, organisations and individuals (Public International Law)