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[Quotes from ICC text]

Questions and Answers

When did the Rome Statute of the International Criminal Court (ICC) enter into force?

The 60th ratification needed to create the Court was received on April 11th at a special event at the United Nations. This means that the ICC Statute entered into force on July 1, 2002.

Why do we need the International Criminal Court?

This past century has seen some of the worst atrocities in the history of humanity.

In too many cases, these crimes have been committed with impunity, which has only encouraged others to flout the laws of humanity.

The International Criminal Court is urgently needed to help end impunity and the gross violations of international humanitarian law the past century has witnessed.

Efforts to create a permanent International Criminal Court gained new momentum with the adoption of the Rome Statute in 1998.

What are the key features of the International Criminal Court?

Based in The Hague, the International Criminal Court will have jurisdiction to prosecute individuals for the most horrific of crimes: genocide, crimes against humanity and war crimes.

The jurisdiction of the ICC will be complementary to national courts, which means that it will only act when countries are unable or unwilling to investigate or prosecute.

The ICC also has strong protections for due process, procedural safeguards to protect it from abuse, and furthers victims' rights and gender justice under international law.

Why was the crime of aggression left out? Doesn't that weaken the ICC?

Countries felt that it was important to include the crime of aggression in the ICC Statute, but could not agree on a definition.

The definition for the crime of aggression continues to be negotiated at the ICC's Preparatory Commission. The negotiations are difficult, but there has been some progress.

Assuming that agreement is reached, the definition will be included within the ICC Statute, when the Statute is reviewed in seven years.

Doesn't "complementarily" mean that the International Criminal Court can never prosecute if a country has its own trial?

The International Criminal Court will complement national courts so that they retain jurisdiction to try genocide, crimes against humanity and war crimes.

If a case is being considered by a country with jurisdiction over it, then the ICC cannot act unless the country is unwilling or unable genuinely to investigate or prosecute.

A country may be determined to be "unwilling" when it is clearly shielding someone from responsibility for ICC crimes. A country may be "unable" when its legal system has collapsed.

How will the International Criminal Court exercise jurisdiction over a particular situation?

Proceedings before the International Criminal Court may be initiated by a State Party, the Prosecutor or the Security Council.

The ICC Statute has strict conditions for when jurisdiction can be exercised, such as complementarity and the requirement for a territorial or nationality link.

The jurisdiction of the ICC is based on "complementarity", which allows national courts the first opportunity to investigate or prosecute.

How is the International Criminal Court different from the ad hoc Tribunals for Rwanda and the former Yugoslavia?

The International Criminal Court is the product of a multilateral treaty, whereas the Tribunals for Rwanda and the former Yugoslavia were created by the United Nations Security Council. Tribunals were created in response to specific situations and will be in existence for a limited time. The ICC will be a permanent international criminal tribunal. The International Criminal Court will avoid the delays and costs of creating ad hoc Tribunals and exist independent of the United Nations.

How is the International Criminal Court different from the International Court of Justice (ICJ)?

The International Court of Justice does not have criminal jurisdiction to prosecute individuals. It is a civil tribunal that deals primarily with disputes between States. The ICJ is the principle judicial organ of the United Nations, whereas the ICC will be independent of the U.N.

Can the ICC be used to try crimes committed before the Rome Treaty entrance into force?

The ICC will not have retroactive jurisdiction and therefore will not apply to crimes committed before 1st July 2002.

Could the Security Council refer situations to the ICC?

Yes. The United Nations Security Council may refer situations to the ICC whether or not the countries are States Parties to the ICC Statute.

Could the International Criminal Court deal with terrorist acts within its existing jurisdiction?

The International Criminal Court will have jurisdiction over genocide, crimes against humanity and war crimes. The ICC may be able to prosecute terrorist acts when they amount to these crimes. All countries have a duty to take all necessary steps to prevent the commission of terrorist acts and bring alleged terrorists to justice.

What is the next step for the International Criminal Court?

The ICC Statute entered into force on July 1st and since that date its provisions became binding international law.

The final meeting of the ICC Preparatory Commission was held July 1-12, 2002 in New York, at which much of the work required to create the Court was completed.


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