Legal Definitions - International Criminal Court

The International Criminal Court (ICC) is a permanent, independent international judicial body established to prosecute individuals for the most serious crimes of concern to the international community. These crimes include genocide, crimes against humanity, war crimes, and the crime of aggression. The ICC's jurisdiction is complementary to national legal systems, meaning it acts only when national courts are unwilling or genuinely unable to investigate or prosecute such crimes. It operates under the Rome Statute, an international treaty, and is located in The Hague, Netherlands.

Here are some examples illustrating the role of the International Criminal Court:

• Example 1: Widespread Atrocities Against a Civilian Population
  Imagine a situation where a country's government or a powerful non-state armed group systematically targets a specific ethnic minority, leading to mass killings, forced displacement, and sexual violence on a large scale. If the national justice system of that country is either complicit in these acts or completely incapable of investigating and prosecuting those responsible, the ICC could step in. It would aim to hold the individual perpetrators, including high-ranking officials or commanders, accountable for crimes against humanity or genocide, ensuring justice when domestic avenues fail.
• Example 2: Deliberate Attacks on Protected Sites During Conflict
  Consider an armed conflict where military commanders repeatedly order their forces to bomb hospitals, schools, or cultural heritage sites, knowing these are civilian objects protected under international law. If the country involved does not investigate these actions or if the investigations are deemed a sham, the ICC could initiate proceedings. The court would focus on prosecuting the specific individuals who gave these unlawful orders, holding them responsible for war crimes, thereby upholding the laws of armed conflict.
• Example 3: Unprovoked Invasion of a Sovereign State
  Suppose a head of state unilaterally decides to launch a full-scale military invasion of a neighboring sovereign country without any legitimate grounds for self-defense or UN Security Council authorization. This act, if meeting specific criteria, could constitute the crime of aggression. If the national courts of the aggressor state are unwilling to prosecute their own leader for initiating such an unlawful war, the ICC could potentially exercise its jurisdiction to investigate and prosecute that individual, emphasizing the international community's commitment to preventing illegal uses of force.