International Criminal Court facts for kids
Quick facts for kids
International Criminal Court
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 Official logo
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Countries that are part of the Rome Statute
State party
Signed, but not yet joined Joined, then left Signed, then withdrew signature Not a state party, not a signatory |
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| Seat | The Hague, Netherlands |
| Working languages | |
| Official languages | |
| Member states | 124 |
| Leaders | |
| Tomoko Akane | |
| Rosario Salvatore Aitala | |
| Reine Alapini-Gansou | |
| Establishment | |
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• Rome Statute adopted
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17 July 1998 |
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• Entered into force
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1 July 2002 |
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Website
www.icc-cpi.int |
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The International Criminal Court (ICC) is a special court located in The Hague, Netherlands. It is the first and only permanent international court that can prosecute individuals for very serious international crimes. These crimes include genocide, crimes against humanity, war crimes, and the crime of aggression.
The ICC is different from the International Court of Justice (ICJ). The ICJ is part of the United Nations and handles disagreements between countries. The ICC, however, focuses on holding individuals responsible for terrible crimes.
The ICC was created in 2002 by a special agreement called the Rome Statute. Many people believe it is a big step forward for justice and human rights around the world. However, some governments and groups have criticized it. They have raised concerns about its fairness, its choices of cases, and how effective it is.
Contents
How the ICC Started
Early Ideas for an International Court
The idea for an international court to judge leaders accused of serious crimes first came up after World War I in 1919. Later, in 1937, a meeting in Geneva tried to create a permanent court for international terrorism. But no country fully agreed to it, so it never started.
After World War II, special courts were set up to try leaders accused of war crimes. These were the Nuremberg trials for German leaders and the International Military Tribunal for the Far East in Tokyo for Japanese leaders. In 1948, the United Nations General Assembly realized there was a need for a permanent international court. This court would deal with the kinds of terrible acts seen during World War II.
However, during the Cold War, setting up such a court was very difficult. The idea was put on hold for many years. People like Benjamin B. Ferencz, who investigated Nazi crimes, and Robert Kurt Woetzel strongly supported the creation of an international criminal court.
Official Proposal and Creation
In 1989, the Prime Minister of Trinidad and Tobago, A. N. R. Robinson, brought up the idea of a permanent international criminal court again. The UN General Assembly then asked a group called the International Law Commission (ILC) to start writing a plan for this court.
While this plan was being developed, the United Nations Security Council created two temporary courts in the early 1990s. These were for crimes committed during the Yugoslav Wars and the Rwandan genocide. These temporary courts showed even more clearly that a permanent international court was needed.
In 1994, the ILC presented its final plan for the International Criminal Court. They suggested a big meeting to create a treaty, which is a formal agreement between countries, to establish the court.
Many meetings were held from 1995 to 1998 to prepare the treaty. Groups that were not governments also helped by sharing their ideas.
Finally, in June 1998, a conference was held in Rome. On July 17, 1998, the Rome Statute of the International Criminal Court was adopted. This means 120 countries voted for it, seven voted against it, and 21 did not vote. Some countries, like China and the U.S., voted against it. Israel voted against it because the treaty included moving people into occupied land as a war crime.
After 60 countries officially agreed to the Rome Statute, the treaty became law on July 1, 2002. This is when the International Criminal Court officially began.
The first 18 judges were chosen in 2003. The Court issued its first arrest warrants in 2005. Its first trial hearings started in 2006.
In 2012, the ICC made its first judgment. It found Thomas Lubanga Dyilo, a rebel leader from Congo, guilty of war crimes. He was found guilty of using child soldiers. Lubanga was sentenced to 14 years in prison.
In 2010, countries that were part of the Rome Statute met in Uganda. They made some changes to the types of crimes the Court could handle. They also added a definition and rules for the crime of aggression.
How the ICC Works
The ICC started its work on July 1, 2002. This was when the Rome Statute, the court's main rulebook, became active. Countries that agree to the Rome Statute become members of the ICC. They form the Assembly of States Parties, which helps manage the court. As of November 2023, there are 124 member countries.
The ICC is meant to be a "court of last resort." This means it steps in only when a country's own courts cannot or will not prosecute serious criminals. The ICC can only investigate crimes that happen in member countries or are committed by citizens of member countries. It can also investigate crimes if the United Nations Security Council asks it to.
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The ICC held its first hearing in 2006. This was about war crimes charges against Thomas Lubanga Dyilo, who was accused of using child soldiers. His conviction in 2012 was the first in the court's history. The ICC has opened many official investigations and is looking into other situations.
Many individuals have been charged by the ICC. These include rebel leader Joseph Kony from Uganda, former President Omar al-Bashir of Sudan, and President Uhuru Kenyatta of Kenya.
On March 17, 2023, ICC judges issued arrest warrants for Russian leader Vladimir Putin and Maria Lvova-Belova. They were charged with taking children from Ukraine. Even though Russia is not part of the ICC, Putin can be charged because Ukraine has accepted the court's authority since 2014. If Putin travels to a country that is an ICC member, he could be arrested. In March 2024, the ICC issued two more arrest warrants for Russian military commanders for war crimes in Ukraine.
Starting an Investigation
An investigation by the ICC can begin in a few ways:
- A country that is a member of the ICC can ask for an investigation.
- The United Nations Security Council can ask for an investigation.
- The ICC Prosecutor can decide to start an investigation based on information received from other sources, like individuals or groups.
How the ICC is Organized
The ICC is managed by the Assembly of States Parties. This group is made up of representatives from all the countries that are part of the Rome Statute. The Assembly chooses the court's officials, approves its budget, and makes changes to the Rome Statute.
The Court itself has four main parts:
- The Presidency
- The Judicial Divisions (where the judges work)
- The Office of the Prosecutor
- The Registry
The Assembly of States Parties
The Assembly of States Parties is the main management and law-making body of the Court. Each member country has one representative and one vote. They try to make decisions by agreement, but if they can't, they vote. The Assembly is led by a president and two vice-presidents, who are chosen for three-year terms.
The Assembly meets once a year, either in New York or The Hague. They can also hold special meetings if needed. Other countries and non-governmental groups can attend these meetings as observers.
The Assembly chooses the judges and prosecutors. It also decides the Court's budget and oversees the other parts of the Court. The Assembly can remove a judge or prosecutor from office if they have done something seriously wrong or cannot do their job.
However, the member countries cannot interfere with how the judges make decisions in specific cases. Any disagreements about individual cases are handled by the judges themselves.
Main Parts of the Court
The Court has four main parts: the Presidency, the Judicial Division, the Office of the Prosecutor, and the Registry.
The Presidency
The Presidency is in charge of running the Court smoothly, except for the Office of the Prosecutor. It includes the President and the First and Second Vice-Presidents. These three judges are chosen by their fellow judges for terms of up to six years.
As of March 2024, the President is Tomoko Akane from Japan. She started her term on March 11, 2024.
The Judicial Divisions
The Judicial Divisions are made up of the 18 judges of the Court. They are divided into three groups: the Pre-Trial Chamber, the Trial Chamber, and the Appeals Chamber. These groups handle the court's legal work. Judges are chosen by the Assembly of States Parties for nine-year terms. They usually cannot be chosen again. All judges must be citizens of countries that are part of the Rome Statute, and no two judges can be from the same country. They must be fair, honest, and have strong legal backgrounds.
If someone thinks a judge might not be fair in a case, they can ask for that judge to be removed from the case. Most of the other judges decide if the judge should be removed. Judges can also be removed from office if they have done something seriously wrong or cannot do their job. This requires a two-thirds vote from both the other judges and the member countries.
The Office of the Prosecutor
The Office of the Prosecutor (OTP) is responsible for investigating crimes and bringing cases to court. It is led by the Prosecutor, who has one or more assistants. The Rome Statute says that the OTP must act independently. This means no one in the OTP can take orders from outside groups like governments or other organizations.
The Prosecutor can start an investigation in three ways:
- When a member country refers a situation.
- When the United Nations Security Council refers a situation because it threatens international peace.
- When the Pre-Trial Chamber allows the prosecutor to start an investigation based on information from other sources, like individuals or non-governmental groups.
If someone thinks a prosecutor might not be fair in a case, they can ask for that prosecutor to be removed from the case. The Appeals Chamber decides on these requests. A prosecutor can be removed from office by a vote of the member countries if they have done something seriously wrong or cannot do their job.
Some critics have said there are not enough checks and balances on the power of the ICC prosecutor and judges. They worry about unfair prosecutions. However, former chief ICC prosecutor Luis Moreno Ocampo said that political agreement is important for prosecutions to succeed.
Karim Khan, a British lawyer, was chosen as the lead prosecutor on February 12, 2021. He started his job on June 16, 2021. Before this, he led the UN team investigating crimes by the Islamic State in Iraq.
Policy Papers
The Office of the Prosecutor sometimes publishes "Policy Papers." These documents explain what the office focuses on and how it chooses cases. While a policy paper doesn't give the Court new powers, it shows what the Prosecutor will consider when selecting cases.
For example, a Policy Paper published in September 2016 announced that the ICC would focus on environmental crimes when choosing cases. This means the Office will pay special attention to crimes that harm the environment, involve illegal use of natural resources, or illegal taking of land. This was seen as a big change in how environmental law is handled.
The Registry
The Registry handles all the non-judicial tasks of the Court. This includes managing legal aid, court operations, support for victims and witnesses, and the detention unit. It also handles general administrative tasks like finances, translations, and building management. The Registry is led by the Registrar, who is chosen by the judges for a five-year term. As of April 2023, the Registrar is Osvaldo Zavala Giler.
| Registrar | Term |
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| Bruno Cathala | 2003–2008 |
| Silvana Arbia | 2008–2013 |
| Herman von Hebel | 2013–2018 |
| Peter Lewis | 2018–2023 |
| Osvaldo Zavala Giler | 2023–present |
Crimes the ICC Prosecutes
The ICC can only prosecute individuals for specific crimes listed in its founding document, the Rome Statute. The main crimes are: genocide, crimes against humanity, war crimes, and the crime of aggression. There are also crimes against the administration of justice, which means interfering with the court's work.
Genocide
Genocide is defined as "acts committed with the intent to destroy, in whole or in part, a national, ethnic, racial, or religious group." There are five types of acts that count as genocide:
- Killing members of the group.
- Causing serious physical or mental harm to members of the group.
- Intentionally creating living conditions meant to destroy the group physically.
- Putting in place measures to prevent births within the group.
- Forcibly transferring children of the group to another group.
These definitions are the same as those in the Genocide Convention of 1948.
Images for kids
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Official logo of the International Criminal Court.
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Map showing countries that are part of the Rome Statute.
See also
In Spanish: Corte Penal Internacional para niños
