WHAT IS INTERNATIONAL CRIMINAL COURT

International Criminal Court

The International Criminal Court (ICC) is an independent judicial body with jurisdiction over persons charged with genocide, crimes against humanity and war crimes.

  • International Criminal Court website
  • Located in The Hague, The Netherlands
  • Governed by the Rome Statute (A/CONF.183/9)
    • adopted by the UN Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court on 17 July 1998
    • entered into force on 1 July 2002
    • current status available in UN Treaty Collection

The ICC is not part of the UN

  • The Court was established by the Rome Statute. This treaty was negotiated within the UN; however, it created an independent judicial body distinct from the UN.
  • The Rome Statute was the outcome of a long process of consideration of the question of international criminal law within the UN.
    • See the ILC’s Analytical Guide, International Criminal Law section, for a introduction to some of the UN’s work on this topic.
    • The UN Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court adopted the Statute.

Relationship with the UN

  • Article 2 of the Statute provides for the ICC’s relationship with the UN.
  • The UN-ICC Relationship Agreement governs the cooperation between the two organizations
  • General Assembly resolution 58/318 approved the Relationship Agreement between the UN and the ICC, found in document A/58/874 + Add.1.
  • The ICC reports to the General Assembly annually
    • UNBISnet search results
    • example: A/71/342
  • The UN Security Council can refer certain situations to the Prosecutor of the ICC, in accordance with Article 13(b) of the Rome Statute and Chapter VII of the UN Charter

Other Sources that may be helpful in your research:

  • Summary of Work of the International Law Commission: Draft code of crimes against peace and security of mankind (Part II)
    • summarizes the studies and the work done by the International Law Commission that lead to the creation of the Rome Statute
  • ICC Annual Report to the General Assembly
    • submitted via the Secretary-General in accordance with article 6 of the Relationship agreement
  • Secretary-General Reports
    • On the implementation of article 3 of the Relationship agreement
    • Expenses incurred and reimbursement received by the United Nations in connection with assistance provided to the International Criminal Court
      • An itemized list of expenses incurred by the UN and reimbursement received from the ICC
  • ICC Legal Tools database
    • prepared by the ICC
    • includes ICC documents, preparatory works and statute amendments, and other documentation related to international criminal law
  • Repertoire of Practice of the Security Council
    • a detailed analysis of the work of the Security Council
    • ICC situations will be found under Chapter VII

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