International Criminal Court

The International Criminal Court (ICC) is a permanent international tribunal seated in The Hague, Netherlands, established by the Rome Statute adopted on July 17, 1998, which entered into force on July 1, 2002. It is the world's first permanent court with jurisdiction over individuals (not states) for the gravest international crimes. The ICC has jurisdiction over four core crimes: (1) Genocide — acts committed with intent to destroy a national, ethnic, racial, or religious group; (2) Crimes Against Humanity — widespread or systematic attacks against civilian populations (murder, torture, rape, apartheid, forced transfer, etc.); (3) War Crimes — serious violations of the laws and customs of armed conflict (Geneva Conventions); (4) Crime of Aggression — use of armed force by a state against another state's sovereignty (added through Kampala Amendments, 2010, entered force 2018). The ICC operates on the principle of complementarity — it steps in only when national courts are unwilling or unable to prosecute. The ICC Prosecutor can initiate investigations in three ways: state party referral, UN Security Council referral (can include non-member states), or proprio motu (on the Prosecutor's own initiative). 125 countries are parties to the Rome Statute (as of 2024). Notably, the United States, Russia, China, India, and Israel are not members. In September 2025, Burkina Faso, Niger, and Mali announced withdrawal, though the Rome Statute requires one year's notice — their exit takes effect September 2026. The US signed the Rome Statute under Clinton but unsigned it under Bush (2002). Russia withdrew in 2016. India has consistently opposed ICC jurisdiction, citing concerns about state sovereignty and potential politicisation. In 2023, the ICC issued an arrest warrant for Russian President Vladimir Putin for the alleged unlawful deportation of children from Ukraine — a significant exercise of jurisdiction over a sitting head of state of a major power.

• 1 Rome Statute adopted July 17, 1998; entered force July 1, 2002; HQ The Hague, Netherlands
• 2 Four crimes: Genocide, Crimes Against Humanity, War Crimes, Crime of Aggression
• 3 Complementarity principle: ICC acts only when national courts are unwilling/unable
• 4 125 member states (2024); India, USA, Russia, China are NOT members; Burkina Faso/Niger/Mali withdrew September 2025 (effective September 2026)
• 5 Three trigger mechanisms: state referral, UNSC referral, Prosecutor's own motion
• 6 UNSC referral can bring non-member states under ICC jurisdiction
• 7 2023: Arrest warrant for Putin for deportation of Ukrainian children
• 8 Distinction: ICC (individuals) vs. ICJ (states)

When the UNSC referred Sudan (Darfur crisis) to the ICC in 2005, Sudan was not an ICC member — demonstrating how UNSC referrals extend ICC reach. India, though not a member, voted to abstain on that UNSC resolution. This is a classic example of how international criminal justice intersects with geopolitical realities.