About the International Criminal Court
The International Criminal Court (ICC), governed by the Rome Statute, is the first permanent, treaty based, international criminal court established to help end impunity for the perpetrators of the most serious crimes of concern to the international community.
The ICC is an independent international organisation, and is not part of the United Nations system. Its seat is at The Hague in the Netherlands. Although the Court’s expenses are funded primarily by States Parties, it also receives voluntary contributions from governments, international organisations, individuals, corporations and other entities.
The international community has long aspired to the creation of a permanent international court, and, in the 20th century, it reached consensus on definitions of genocide, crimes against humanity and war crimes. The Nuremberg and Tokyo trials addressed war crimes, crimes against peace, and crimes against humanity committed during the Second World War.
In the 1990s after the end of the Cold War, tribunals like the International Criminal Tribunal for the former Yugoslavia and for Rwanda were the result of consensus that impunity is unacceptable. However, because they were established to try crimes committed only within a specific time-frame and during a specific conflict, there was general agreement that an independent, permanent criminal court was needed.
On 17 July 1998, the international community reached an historic milestone when 120 States adopted the Rome Statute, the legal basis for establishing the permanent International Criminal Court.
The Rome Statute entered into force on 1 July 2002 after ratification by 60 countries.
ICC at a glance
The International Criminal Court (ICC) is an independent, permanent court that tries persons accused of the most serious crimes of international concern, namely genocide, crimes against humanity and war crimes. The ICC is based on a treaty, joined by 111 countries.
The ICC is a court of last resort. It will not act if a case is investigated or prosecuted by a national judicial system unless the national proceedings are not genuine, for example if formal proceedings were undertaken solely to shield a person from criminal responsibility. In addition, the ICC only tries those accused of the gravest crimes.
In all of its activities, the ICC observes the highest standards of fairness and due process. The jurisdiction and functioning of the ICC are governed by the Rome Statute.
The States Parties to the Rome Statute
As of 21 July 2009, 111 countries are States Parties to the Rome Statute of the International Criminal Court. Out of them 30 are African States, 15 are Asian States, 17 are from Eastern Europe, 24 are from Latin American and Caribbean States, and 25 are from Western European and other States.
A
Afghanistan
Albania
Andorra
Antigua and Barbuda
Argentina
Australia
Austria
B
Barbados
Belgium
Belize BengladeshBenin
Bolivia
Bosnia and Herzegovina
Botswana
Brazil
Bulgaria
Burkina Faso
Burundi
C
Cambodia
Canada
Central African Republic
Chad
Chile
Colombia
Comoros
Congo
Cook Islands
Costa Rica
Croatia
Cyprus
Czech Republic
D
Democratic Republic of the Congo
Denmark
Djibouti
Dominica
Dominican Republic
E
EcuadorEstonia
F
Fiji
Finland
France
G
Gabon
Gambia
Georgia
Germany
Ghana
Greece
Guinea
Guyana
H
Honduras
Hungary
I
Iceland
Ireland
Italy
J
Japan
Jordan
K
Kenya
L
Latvia
Lesotho
Liberia
Liechtenstein
Lithuania
Luxembourg
M
Madagascar
Malawi
Mali
Malta
Marshall Islands
Mauritius
Mexico
Mongolia
Montenegro
N
Namibia
NauruNetherlands
New Zealand
Niger
Nigeria
Norway
P
Panama
Paraguay
Peru
Poland
Portugal
R
Republic of Korea
Romania
S
Saint Kitts and Nevis
Saint Vincent and the Grenadines
Samoa
San Marino
Senegal
Serbia
Sierra Leone
Slovakia
Slovenia
South Africa
Spain
Surinam
Sweden
Switzerland
T
Tajikistan
The Former Yugoslav Republic of Macedonia
Timor-Leste
Trinidad and Tobago
U
Uganda
United Kingdom
United Republic of Tanzania
Uruguay
V
Venezuela
Z
Zambia
Structure of the Court
The Court is an independent institution. The Court is not part of the United Nations, but it maintains a cooperative relationship with the U.N. The Court is based in The Hague , the Netherlands , although it may also sit elsewhere.
The Court is composed of four organs. These are the Presidency, the judicial Divisions, the Office of the Prosecutor and the Registry.
Presidency
The Presidency is responsible for the overall administration of the Court, with the exception of the Office of the Prosecutor, and for specific functions assigned to the Presidency in accordance with the Statute. The Presidency is composed of three judges of the Court, elected to the Presidency by their fellow judges, for a term of three years. The President of the Court is JudgeSang-Hyun Song (Republic of Korea). Judge Fatoumata Dembele Diarra(Mali) is First Vice-President, and Judge Hans-Peter Kaul (Germany) is Second Vice-President.
Judicial Divisions
The Judicial Divisions consist of eighteen judges organized into the Pre-Trial Division, the Trial Division and the Appeals Division. The judges of each Division sit in Chambers which are responsible for conducting the proceedings of the Court at different stages. Assignment of judges to Divisions is made on the basis of the nature of the functions each Division performs and the qualifications and experience of the judge. This is done in a manner ensuring that each Division benefits from an appropriate combination of expertise in criminal law and procedure and international law. The judges of the Court are: Sang-Hyun Song (Republic of Korea), Fatoumata Dembele Diarra (Mali), Hans-Peter Kaul (Germany), Elizabeth Odio Benito (Costa Rica), Akua Kuenyehia (Ghana), Erkki Kourula (Finland), Anita Ušacka (Latvia), Sir Adrian Fulford (United Kingdom), Sylvia Steiner (Brazil), Ekaterina Trendafilova (Bulgaria), Daniel David Ntanda Nsereko (Uganda), Bruno Cotte (France), Joyce Aluoch (Kenya), Sanji Mmasenono Monogeng (Botswana), Christine van den Wyngaert (Belgium), Cuno Tarfusser (Italy) and René Blattman (Bolivia).
Office of the Prosecutor
The Office of the Prosecutor is responsible for receiving referrals and any substantiated information on crimes within the jurisdiction of the Court, for examining them and for conducting investigations and prosecutions before the Court. The Office is headed by the Prosecutor, Luis Moreno-Ocampo ( Argentina ), who was elected by the States Parties for a term of nine years.
He is assisted by Deputy Prosecutor Mrs. Fatou Bensouda who is in charge of the Prosecution Division of the Office of the Prosecutor.
Registry
The Registry is responsible for the non-judicial aspects of the administration and servicing of the Court. The Registry is headed by the Registrar who is the principal administrative officer of the Court. The Registrar exercises his or her functions under the authority of the President of the Court. The current Registrar, elected by the judges for a term of five years, is Ms Silvana Arbia (Italy).
Other Offices
The Court also the Court includes a number of semi-autonomous offices such as the Office of Public Counsel for victims and the Office of Public Counsel for Defence. These Offices fall under the Registry for administrative purposes but otherwise function as wholly independent offices. The Assembly of States Parties has also established a Trust Fund for the benefit of victims of crimes within the jurisdiction of the Court and the families of these victims