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{{Infobox Geopolitical organization
|name = International Criminal Court<br/><sub>{{lang|fr|'''Cour Pénale Internationale'''}} {{fr icon}}</sub>
|linking_name = <!--For wikilinks, if diff from name-->
|symbol_type = Official logo
|image_symbol = International Criminal Court logo.svg
|symbol_width = 150px
|text_symbol_type =
|text_symbol =
|image_map = ICCmemberstatesworldmap102007.png
|map_width = 300px
|map_caption = [[States Parties to the Rome Statute of the International Criminal Court|Membership]] (as of August 2008)
|org_type = Permanent [[international court]]
|membership_type = [[#Membership|Membership]]
|membership = [[States Parties to the Rome Statute of the International Criminal Court|108 states]]
|admin_center_type = Seat
|admin_center = [[The Hague]], Netherlands<br/>{{coord|52.068333|4.353611|region:NL_type:landmark|display=inline}}
|languages_type = [[Working language]]s
|languages = English and French
|leader_title1 = [[#Presidency|President]]
|leader_name1 = [[Philippe Kirsch]]
|leader_title2 = <!--e.g. "Deputy chair", etc.-->
|leader_name2 =
|established =
|established_event1 = {{nowrap|[[Rome Statute]] adopted}}
|established_date1 = 17 July 1998
|established_event2 = Entered into force
|established_date2 = 1 July 2002
|official_website = http://www.icc-cpi.int
|currency =
|currency_code =
|time_zone =
|utc_offset = <!-- +N, where N is number of hours -->
|footnotes = <!--For generic non-numbered footnotes-->
|footnote1 =
|footnote2 =
}}
The '''International Criminal Court''' ('''ICC''' or '''ICCt''')<ref>International Criminal Court is sometimes abbreviated as ICCt to distinguish it from [[ICC|several other organisations abbreviated as ICC]]. However, the more common abbreviation ICC is used in this article.</ref> was established in 2002 as a permanent tribunal to prosecute individuals for [[genocide]], [[crime against humanity|crimes against humanity]], [[war crime]]s, and the [[crime of aggression]], although it cannot currently exercise jurisdiction over the crime of aggression.<ref name=article5/><ref name=iccfact/> The Court came into being on 1 July 2002&nbsp;— the date its founding [[treaty]], the [[Rome Statute of the International Criminal Court]], entered into force<ref name=ai2002/>&nbsp;— and it can only prosecute crimes committed on or after that date.<ref name=article11/>

As of November 2008, 108 states are [[States Parties to the Rome Statute of the International Criminal Court|members of the Court]];<ref name=untreaty/><ref name="parties"/><ref name=cicc-ratification/> A further 40 countries have signed but not [[ratification|ratified]] the Rome Statute.<ref name=untreaty/> However, a number of states, including China, Russia, India and the United States, are critical of the Court and have not joined.{{fact|date=July 2008}}

The Court can generally exercise [[jurisdiction]] only in cases where the accused is a national of a state party, the alleged crime took place on the [[territory]] of a state party, or a situation is referred to the Court by the [[United Nations Security Council]].<ref name=articles12&13/> The Court is designed to complement existing national judicial systems: it can exercise its jurisdiction only when national courts are unwilling or unable to investigate or prosecute such crimes.<ref name=article17/><ref name=article20/> Primary responsibility to investigate and punish crimes is therefore left to individual states.<ref name=prosecutor/>

To date, the Court has opened investigations into [[International Criminal Court investigations|four situations]]: Northern [[Uganda]], the [[Democratic Republic of the Congo]], the [[Central African Republic]] and [[Darfur]].<ref name=cases/> The Court has issued public arrest warrants for [[List of people indicted by the International Criminal Court|twelve people]]; six of them remain free, two have died, and [[People detained by the International Criminal Court|four are in custody]]. The Court's first trial, of Congolese militia leader [[Thomas Lubanga]], is due to begin in January 2009.<ref name=afp-lubanga>Agence France-Presse, 18 November 2008. ''[http://www.google.com/hostednews/afp/article/ALeqM5h9G0ngqaMx513TRwakptt11ZrdCQ ICC's long-delayed first trial to start January]''. Accessed 18 November 2008.</ref>

The official seat of the Court is in [[The Hague]], Netherlands, but its proceedings may take place anywhere.<ref name=article3/> The ICC is sometimes referred to as a "world court"; it should not be confused with the [[International Court of Justice]], also known as the World Court, which is the [[United Nations]] organization that settles disputes between states.<ref name=iccfaq>International Criminal Court. [http://www.icc-cpi.int/about/ataglance/faq.html ''Frequently asked questions'']. Accessed 18 September 2007.</ref>

==History==
In 1948, following the [[Nuremberg Trials|Nuremberg]] and [[International Military Tribunal for the Far East|Tokyo Tribunals]], the [[United Nations General Assembly]] recognised the need for a permanent international court to deal with atrocities of the kind committed during [[World War II]].<ref name=iccfact/> At the request of the General Assembly, the [[International Law Commission]] drafted two draft statutes by the early 1950s but these were shelved as the [[Cold War]] made the establishment of an international criminal court politically unrealistic.<ref name="Cato">Gary T. Dempsey, 16 July 1998. [http://www.cato.org/pubs/pas/pa-311es.html ''Reasonable Doubt: The Case Against the Proposed International Criminal Court'']. The [[Cato Institute]]. Accessed 31 December 2006.</ref>

The idea was revived in 1989 when [[A. N. R. Robinson]], then [[Prime Minister of Trinidad and Tobago]], proposed the creation of a permanent international court to deal with the [[illegal drug trade]].<ref name="Cato"/><ref>International Criminal Court, 20 June 2006. ''[http://www.icc-cpi.int/pressrelease_details&id=152&l=en.html Election of Mr Arthur N.R. Robinson to the Board of Directors of the Victims Trust Fund]''. Accessed 3 May 2007.</ref> While work began on a draft statute, the international community established ''[[ad hoc]]'' tribunals to try war crimes in the former Yugoslavia<ref>The [[International Criminal Tribunal for the former Yugoslavia]], established in 1993.</ref> and Rwanda,<ref>The [[International Criminal Tribunal for Rwanda]], established in 1994.</ref> further highlighting the need for a permanent international criminal court.<ref>Coalition for the International Criminal Court. [http://www.iccnow.org/?mod=icchistory ''History of the ICC'']. Accessed 31 December 2006.</ref>

Following years of negotiations, the General Assembly convened a conference in Rome in June 1998, with the aim of finalising a treaty. On 17 July 1998, the [[Rome Statute of the International Criminal Court]] was adopted by a vote of 120 to 7, with 21 countries abstaining. The seven countries that voted against the treaty were China, [[Iraq]], [[Israel]], [[Libya]], [[Qatar]], the United States, and [[Yemen]].<ref>Michael P. Scharf, August 1998. [http://www.asil.org/insights/insigh23.htm ''Results of the Rome Conference for an International Criminal Court'']. The American Society of International Law. Accessed 4 December 2006.</ref>

The Rome Statute became a binding treaty on 11 April 2002, when the number of countries that had ratified it reached 60.<ref name=ai2002>Amnesty International, 11 April 2002. ''[http://www.amnesty.org/en/library/info/IOR40/008/2002 The International Criminal Court — a historic development in the fight for justice]''. Accessed 20 March 2008.</ref> The Statute legally came into force on 1 July 2002,<ref name=ai2002/> and the Court can only prosecute crimes committed after that date.<ref name=article11/> The first bench of 18 judges was elected by an Assembly of States Parties in February 2003. They were sworn in at the inaugural session of the Court on 1 March 2003.<ref>Coalition for the International Criminal Court. [http://www.iccnow.org/?mod=judgespresidency ''Judges and the Presidency'']. Accessed 5 December 2006.</ref> The Court issued its first [[arrest warrant]]s on 8 July 2005,<ref name="LRA warrants">International Criminal Court, 14 October 2005. ''[http://www.icc-cpi.int/pressrelease_details&id=114&l=en.html Warrant of Arrest unsealed against five LRA Commanders]''. Accessed 5 December 2006.</ref> and the first pre-trial hearings were held in 2006.<ref>International Criminal Court, 9 November 2006. ''[http://www.icc-cpi.int/press/pressreleases/201.html Prosecutor presents evidence that could lead to first ICC trial]''. Accessed 5 December 2006.</ref>

==Membership==
<!-- Infobox at top of article links to this section -->
{{main|States Parties to the Rome Statute of the International Criminal Court}}
{{see also|United States and the International Criminal Court}}
As of November 2008, 108 countries have joined the Court, including nearly all of Europe and South America, and roughly half the countries in Africa.<ref name=untreaty>United Nations Treaty Collection. ''[http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&id=372&chapter=18&lang=en Rome Statute of the International Criminal Court]''. Accessed 5 October 2008.</ref><ref name="parties">International Criminal Court, 2008. [http://www.icc-cpi.int/statesparties.html ''The States Parties to the Rome Statute'']. Accessed 5 October 2008.</ref><ref name=cicc-ratification>Coalition for the International Criminal Court, 18 July 2008. {{PDFlink|[http://www.iccnow.org/documents/RatificationsbyUNGroup_18_July_08.pdf ''States Parties to the Rome Statute of the ICC'']|81.2&nbsp;KB}}. Accessed 5 October 2008.</ref> However, these countries only account for a minority of the world's population.<ref>[http://www.icc-berlin2007.de/Conference_Report_31.10.07.pdf The International Criminal Court at Work: Challenges and Successes in the Fight against Impunity], ''[[Coalition for the International Criminal Court]]-Berlin'', [[2007-09-21]], Retrieved [[2008-03-21]]</ref>

A further 40 states have signed but not ratified the Rome Statute;<ref name=untreaty/> the [[Vienna Convention on the Law of Treaties|law of treaties]] obliges these states to refrain from “acts which would defeat the object and purpose” of the treaty.<ref>[http://web.archive.org/web/20050208040137/http://www.un.org/law/ilc/texts/treatfra.htm The 1969 Vienna Convention on the Law of Treaties], Article 18. Accessed 23 November 2006.</ref> In 2002, two of these states, the United States and Israel, "unsigned" the Rome Statute, indicating that they no longer intend to become states parties and, as such, they have no legal obligations arising from their signature of the statute.<ref name=untreaty/><ref>John R Bolton, 6 May 2002. [http://www.state.gov/r/pa/prs/ps/2002/9968.htm ''International Criminal Court: Letter to UN Secretary General Kofi Annan'']. US Department of State. Accessed 23 November 2006.</ref><ref name="Heritage"/>

==Jurisdiction==
<!-- [[Rome Statute of the International Criminal Court]] and [[Complaints to the International Criminal Court]] link to this section -->
===Crimes within the jurisdiction of the Court===
[[Image:Kamajoh child soldier (Sierra Leone).jpg|thumb|left|Using children under the age of fifteen to participate actively in hostilities is a [[war crime]] under the Rome Statute<ref name=article8>Article 8 of the [http://untreaty.un.org/cod/icc/statute/99_corr/cstatute.htm Rome Statute]. Accessed 20 March 2008.</ref>]]
Article 5 of the Rome Statute grants the Court jurisdiction over four groups of crimes, which it refers to as the “most serious crimes of concern to the international community as a whole”: the crime of [[genocide]], [[crimes against humanity]], [[war crimes]], and the [[crime of aggression]]. The statute defines each of these crimes except for aggression: it provides that the Court will not exercise its jurisdiction over the crime of aggression until such time as the states parties agree on a definition of the crime and set out the conditions under which it may be prosecuted.<ref name=article5>Article 5 of the [http://untreaty.un.org/cod/icc/statute/99_corr/cstatute.htm Rome Statute]. Accessed 20 March 2008.</ref><ref name=iccfact/>

Many states wanted to add [[terrorism]] and [[Illegal drug trade|drug trafficking]] to the list of crimes covered by the Rome Statute; however, the states were unable to agree on a definition for terrorism and it was decided not to include drug trafficking as this might overwhelm the Court's limited resources.<ref name=iccfact>United Nations Department of Public Information, December 2002. [http://www.un.org/News/facts/iccfact.htm ''The International Criminal Court'']. Accessed 5 December 2006.</ref> India lobbied to have the use of [[nuclear weapons]] and other [[weapons of mass destruction]] included as war crimes but this move was also defeated.<ref name="India">Dilip Lahiri, 17 July 1998. [http://www.indianembassy.org/policy/ICC/ICC_Adoption_July_17_1998.html ''Explanation of vote on the adoption of the Statute of the International Criminal Court'']. Embassy of India, Washington, D.C. Accessed 31 December 2006.</ref> India has expressed concern that “the Statute of the ICC lays down, by clear implication, that the use of weapons of mass destruction is not a war crime. This is an extraordinary message to send to the international community.”<ref name="India"/>

Some commentators have argued that the Rome Statute defines crimes too broadly or too vaguely. For example, China has argued that the definition of ‘war crimes’ goes beyond that accepted under [[customary international law]].<ref>Lu Jianping and Wang Zhixiang. “China's Attitude Towards the ICC” in ''Journal of International Criminal Justice'', July 2005.</ref>

A [[Review Conference of the International Criminal Court Statute|Review Conference]] is due to take place in the first half of 2010.<ref name="review conference resolution">Assembly of States Parties, 14 December 2007. {{PDFlink|''[http://www.icc-cpi.int/library/asp/ICC-ASP-6-20_Vol.I_Part_III_English.pdf Resolution: Strengthening the International Criminal Court and the Assembly of States Parties]''|323&nbsp;KB}}. Accessed 20 March 2008.</ref> Among other things, the conference will review the list of crimes contained in Article 5.<ref>Article 123 of the [http://untreaty.un.org/cod/icc/statute/99_corr/cstatute.htm Rome Statute]. Accessed 20 March 2008. (See also Rolf Einar Fife, 21 November 2006, {{PDFlink|[http://www.icc-cpi.int/library/asp/ICC-ASP-5-INF2_English.pdf ''Review Conference: scenarios and options'']|69.4&nbsp;KB}}. Accessed 5 December 2006.)</ref> The final resolution on adoption of the Rome Statute specifically recommended that terrorism and drug trafficking be reconsidered at this conference.<ref>[[Amnesty International]], 2 November 2006. ''[http://www.amnesty.org/en/library/info/IOR40/037/2006 International Criminal Court: Concerns at the fifth session of the Assembly of States Parties]''. Accessed 20 March 2008.</ref>

===Territorial jurisdiction===
During the negotiations that led to the Rome Statute, a large number of states argued that the Court should be allowed to exercise [[universal jurisdiction]]. However, this proposal was defeated due in large part to opposition from the United States.<ref>Elizabeth Wilmhurst, 1999. ‘Jurisdiction of the Court’, p. 136. In Roy S Lee (ed.), ''The International Criminal Court: The Making of the Rome Statute''. The Hague: Kluwer Law International. ISBN 90-411-1212-X.</ref> A compromise was reached, allowing the Court to exercise jurisdiction only under the following limited circumstances:
*where the person accused of committing a crime is a national of a state party (or where the person's state has accepted the jurisdiction of the Court);
*where the alleged crime was committed on the territory of a state party (or where the state on whose territory the crime was committed has accepted the jurisdiction of the Court); or
*where a situation is referred to the Court by the UN Security Council.<ref name=articles12&13>Articles 12 & 13 of the [http://untreaty.un.org/cod/icc/statute/99_corr/cstatute.htm Rome Statute]. Accessed 20 March 2008.</ref>

===Temporal jurisdiction===
The Court's jurisdiction does not apply retroactively: it can only prosecute crimes committed on or after 1 July 2002 (the date on which the Rome Statute entered into force). Where a state becomes party to the Rome Statute after that date, the Court can exercise jurisdiction automatically with respect to crimes committed after the statute enters into force for that state.<ref name=article11>Article 11 of the [http://untreaty.un.org/cod/icc/statute/99_corr/cstatute.htm Rome Statute]. Accessed 20 March 2008.</ref>

[[Image:Building of the International Criminal Court in The Hague.jpg|thumb|right|The ICC's temporary headquarters in [[The Hague]]]]
===Complementarity===
The Court is intended as a court of last resort, investigating and prosecuting only where national courts have failed. Article 17 of the Statute provides that a case is inadmissible if:

{{quote|"(a) The case is being investigated or prosecuted by a State which has jurisdiction over it, unless the State is unwilling or unable genuinely to carry out the investigation or prosecution;

(b) The case has been investigated by a State which has jurisdiction over it and the State has decided not to prosecute the person concerned, unless the decision resulted from the unwillingness or inability of the State genuinely to prosecute;

(c) The person concerned has already been tried for conduct which is the subject of the complaint, and a trial by the Court is not permitted under article 20, paragraph 3;

(d) The case is not of sufficient gravity to justify further action by the Court."<ref name=article17>Article 17 of the [http://untreaty.un.org/cod/icc/statute/99_corr/cstatute.htm Rome Statute]. Accessed 20 March 2008.</ref>}}

Article 20, paragraph 3, specifies that, if a person has already been tried by another court, the ICC cannot try them again for the same conduct unless the proceedings in the other court:

{{quote|"(a) Were for the purpose of shielding the person concerned from criminal responsibility for crimes within the jurisdiction of the Court; or

(b) Otherwise were not conducted independently or impartially in accordance with the norms of due process recognized by international law and were conducted in a manner which, in the circumstances, was inconsistent with an intent to bring the person concerned to justice."<ref name=article20>Article 20 of the [http://untreaty.un.org/cod/icc/statute/99_corr/cstatute.htm Rome Statute]. Accessed 20 March 2008.</ref>}}

==Structure==
<!-- [[Rome Statute of the International Criminal Court]] links to this section -->
The Court is governed by an Assembly of States Parties.<ref name=assembly>International Criminal Court. [http://www.icc-cpi.int/asp.html ''Assembly of States Parties'']. Accessed 2 January 2008.</ref> The Court consists of four organs: the Presidency, the Judicial Divisions, the Office of the Prosecutor, and the Registry.<ref name=structure>International Criminal Court. [http://www.icc-cpi.int/about/ataglance/structure.html ''Structure of the Court'']. Accessed 23 November 2006.</ref>

===Assembly of States Parties===
<!-- [[Judges of the International Criminal Court]] links to this section -->
<!-- [[Assembly of States Parties]] redirects here -->
The Court's management oversight and legislative body, the Assembly of States Parties, consists of one representative from each state party.<ref name=article112>Article 112 of the [http://untreaty.un.org/cod/icc/statute/99_corr/cstatute.htm Rome Statute]. Accessed 20 March 2008.</ref> Each state party has one vote and every effort has to be made to reach decisions by consensus.<ref name=article112/> If consensus cannot be reached, decisions are made by vote.<ref name=article112/>

The Assembly meets in full session once a year in New York or The Hague, and may also hold special sessions where circumstances require.<ref name=article112/> Sessions are open to observer states and non-governmental organisations.<ref>Amnesty International, 11 November 2007. ''[http://www.amnesty.org/en/international-justice/issues/international-criminal-court/assembly-states-parties Assembly of States Parties of the International Criminal Court]''. Accessed 2 January 2008.</ref>

The Assembly elects the judges and prosecutors, decides the Court's budget, adopts important texts (such as the Rules of Procedure and Evidence), and provides management oversight to the other organs of the Court.<ref name=article112/><ref name=assembly/> Article 46 of the Rome Statute allows the Assembly to remove from office a judge or prosecutor who "is found to have committed serious misconduct or a serious breach of his or her duties" or "is unable to exercise the functions required by this Statute".<ref name=article46>Article 46 of the [http://untreaty.un.org/cod/icc/statute/99_corr/cstatute.htm Rome Statute]. Accessed 20 March 2008.</ref>

The states parties cannot interfere with the judicial functions of the Court.<ref name=iccnow-asp>Coalition for the International Criminal Court. [http://www.iccnow.org/?mod=asp ''Assembly of States Parties'']. Accessed 2 January 2008.</ref> Disputes concerning individual cases are settled by the Judicial Divisions.<ref name=iccnow-asp/>

At the seventh session of the Assembly of States Parties in November 2008, the Assembly decided that the Review Conference of the Rome Statute shall be held in Kampala, Uganda, during the first semester of 2010.<ref>[http://www.haguejusticeportal.net/eCache/DEF/10/054.TGFuZz1FTg.html Uganda to host Rome Statute Review Conference], [http://www.haguejusticeportal.net/eCache/DEF/2.html Hague Justice Portal]</ref>

===Presidency===
<!-- Infobox at top of article links to this section -->
[[Image:JudgeKirsch.jpg|thumb|right|[[Philippe Kirsch]], President of the Court]]
The Presidency is responsible for the proper administration of the Court (apart from the Office of the Prosecutor).<ref name=presidency>International Criminal Court. [http://www.icc-cpi.int/organs/presidency.html ''The Presidency'']. Accessed 21 July 2007.</ref> It comprises the President and the First and Second Vice-Presidents&nbsp;— three judges of the Court who are elected to the Presidency by their fellow judges for a maximum of two three-year terms.<ref>Article 38 of the [http://untreaty.un.org/cod/icc/statute/99_corr/cstatute.htm Rome Statute]. Accessed 20 March 2008.</ref> As of November 2008, the President is [[Philippe Kirsch]],<ref name=structure/> who was elected to a second term on 11 March 2006.<ref name=presidency/>

===Judicial Divisions===
{{main|Judges of the International Criminal Court}}
The Judicial Divisions consist of the 18 judges of the Court, organized into three divisions&nbsp;— the Pre-Trial Division, Trial Division and Appeals Division&nbsp;— which carry out the judicial functions of the Court.<ref name=chambers>International Criminal Court. [http://www.icc-cpi.int/organs/chambers.html ''Chambers'']. Accessed 21 July 2007.</ref> Judges are elected to the Court by the Assembly of States Parties.<ref name=chambers/> They serve nine-year terms and are not generally eligible for re-election.<ref name=chambers/> All judges must be nationals of states parties to the Rome Statute, and no two judges may be nationals of the same state.<ref name=article36>Article 36 of the [http://untreaty.un.org/cod/icc/statute/99_corr/cstatute.htm Rome Statute]. Accessed 20 March 2008.</ref> They must be “persons of high moral character, impartiality and integrity who possess the qualifications required in their respective States for appointment to the highest judicial offices”.<ref name=article36/>

The Prosecutor or any person being investigated or prosecuted may request the disqualification of a judge from "any case in which his or her impartiality might reasonably be doubted on any ground".<ref name=article41>Article 41 of the [http://untreaty.un.org/cod/icc/statute/99_corr/cstatute.htm Rome Statute]. Accessed 20 March 2008.</ref> Any request for the disqualification of a judge from a particular case is decided by an absolute majority of the other judges.<ref name=article41/> A judge may be removed from office if he or she "is found to have committed serious misconduct or a serious breach of his or her duties" or is unable to exercise his or her functions.<ref name=article46/> The removal of a judge requires both a two-thirds majority of the other judges and a two-thirds majority of the states parties.<ref name=article46/>

===Office of the Prosecutor===
The Office of the Prosecutor is responsible for conducting investigations and prosecutions.<ref name=prosecutor>International Criminal Court. [http://www.icc-cpi.int/organs/otp.html ''Office of the Prosecutor'']. Accessed 21 July 2007.</ref> It is headed by the Prosecutor, who is assisted by two Deputy Prosecutors.<ref name=structure/> The Rome Statute provides that the Office of the Prosecutor shall act independently;<ref name=Article42>Article 42 of the [http://untreaty.un.org/cod/icc/statute/99_corr/cstatute.htm Rome Statute]. Accessed 20 March 2008.</ref> as such, no member of the Office may seek or act on instructions from any external source, such as states, [[international organisation]]s, [[non-governmental organisation]]s or individuals.<ref name=prosecutor/>

The Prosecutor may open an investigation under three circumstances:<ref name=prosecutor/>
*when a situation is referred to him by a state party;
*when a situation is referred to him by the [[United Nations Security Council]], acting to address a threat to international peace and security; or
*when the Pre-Trial Chamber authorises him to open an investigation on the basis of information received from other sources, such as individuals or non-governmental organisations.

Any person being investigated or prosecuted may request the disqualification of a prosecutor from any case "in which their impartiality might reasonably be doubted on any ground".<ref name=Article42/> Requests for the disqualification of prosecutors are decided by the Appeals Division.<ref name=Article42/> A prosecutor may be removed from office by an absolute majority of the states parties if he or she "is found to have committed serious misconduct or a serious breach of his or her duties" or is unable to exercise his or her functions.<ref name=article46/> However, critics of the Court argue that there are “insufficient checks and balances on the authority of the ICC prosecutor and judges” and “insufficient protection against politicized prosecutions or other abuses”.<ref name="US DoS faq">US Department of State, 30 July 2003. [http://www.state.gov/t/pm/rls/fs/23428.htm ''Frequently Asked Questions About the U.S. Government's Policy Regarding the International Criminal Court (ICC)'']. Accessed 31 December 2006.</ref> [[Henry Kissinger]] says the checks and balances are so weak that the prosecutor “has virtually unlimited discretion in practice”.<ref name="Kissinger">Henry A. Kissinger. “The Pitfalls of Universal Jurisdiction”. ''[[Foreign Affairs]]'', July/August 2001, p. 95. Accessed 31 December 2006.</ref>

As of November 2008, the Prosecutor is [[Luis Moreno-Ocampo]] of Argentina, who was elected by the Assembly of States Parties on 21 April 2003<ref>International Criminal Court, 24 April 2003. [http://www.icc-cpi.int/press/pressreleases/52.html ''Election of the Prosecutor'']. Accessed 21 July 2007.</ref> for a term of nine years.<ref name=prosecutor/>

===Registry===
The Registry is responsible for the non-judicial aspects of the administration and servicing of the Court.<ref name=registry>International Criminal Court. [http://www.icc-cpi.int/organs/registry.html ''The Registry'']. Accessed 21 July 2007.</ref> This includes, among other things, “the administration of legal aid matters, court management, victims and witnesses matters, defence counsel, detention unit, and the traditional services provided by administrations in international organisations, such as finance, translation, building management, procurement and personnel”.<ref name=registry/> The Registry is headed by the Registrar, who is elected by the judges to a five-year term.<ref name=structure/>

==Rights of the accused==
The Rome Statute provides that all persons are presumed innocent until proven guilty beyond [[burden of proof|reasonable doubt]],<ref>Article 66 of the [http://untreaty.un.org/cod/icc/statute/99_corr/cstatute.htm Rome Statute]. Accessed 20 March 2008.</ref> and establishes certain rights of the accused and persons during investigations.<ref>The rights of persons during an investigation are provided in Article 55. Rights of the accused are provided in Part 6, especially Article 67. See also Amnesty International, 1 August 2000. ''[http://www.amnesty.org/en/library/info/IOR40/009/2000 The International Criminal Court: Fact sheet 9 — Fair trial guarantees]''. Accessed 20 March 2008.</ref> These include the right to be fully informed of the charges against him or her; the right to have a lawyer appointed, free of charge; the right to a speedy trial; and the right to examine the witnesses against him or her and to obtain the attendance and examination of witnesses on his or her behalf.

Some argue that the protections offered by the ICC are insufficient. According to the [[Heritage Foundation]], “Americans who appear before the court would be denied such basic constitutional rights as trial by a jury of one's peers, protection from double jeopardy, and the right to confront one's accusers.”<ref name="Heritage">Brett D. Schaefer, 9 January 2001. [http://www.heritage.org/Research/InternationalOrganizations/EM708.cfm ''Overturning Clinton's Midnight Action on the International Criminal Court'']. The [[Heritage Foundation]]. Accessed 23 November 2006.</ref> However, [[Human Rights Watch]] argues that “the ICC has one of the most extensive lists of due process guarantees ever written”, including “presumption of innocence; right to counsel; right to present evidence and to confront witnesses; right to remain silent; right to be present at trial; right to have charges proved beyond a reasonable doubt; and protection against double jeopardy”.<ref>Human Rights Watch. [http://hrw.org/campaigns/icc/facts.htm ''Myths and Facts About the International Criminal Court'']. Accessed 31 December 2006.</ref> According to [[David Scheffer]], who led the US delegation to the Rome Conference (and who voted against adoption of the treaty), “when we were negotiating the Rome treaty, we always kept very close tabs on, ‘Does this meet U.S. constitutional tests, the formation of this court and the due process rights that are accorded defendants?’ And we were very confident at the end of Rome that those due process rights, in fact, are protected, and that this treaty does meet a constitutional test.”<ref>CNN, 2 January 2000. [http://transcripts.cnn.com/TRANSCRIPTS/0001/02/bp.00.html ''Burden of Proof'' transcript]. Accessed 31 December 2006.</ref>

In order to ensure “equality of arms” between defence and prosecution teams, the ICC has established an independent Office of Public Counsel for the Defence (OPCD) to provide logistical support, advice and information to defendants and their counsel.<ref>Katy Glassborow, 21 August 2006. ''[http://www.globalpolicy.org/intljustice/general/2006/0821defenders.htm Defending the Defenders]''. [[Global Policy Forum]]. Accessed 3 May 2007.</ref><ref>International Criminal Court. ''[http://www.icc-cpi.int/defence/defaccused.html Rights of the Defence]''. Accessed 3 May 2007.</ref> The OPCD also helps to safeguard the rights of the accused during the initial stages of an investigation.<ref>International Criminal Court, 2005. ''[http://www.derechos.org/nizkor/icc/iccreport.html Report of the International Criminal Court for 2004]''. Accessed 3 May 2007.</ref> However, Thomas Lubanga's defence team say they have been given a smaller budget than the Prosecutor and that evidence and witness statements have been slow to arrive.<ref name="cfr">Stephanie Hanson, 17 November 2006. [http://www.cfr.org/publication/12048/ ''Africa and the International Criminal Court'']. Council on Foreign Relations. Accessed 23 November 2006.</ref>

==Victim participation and reparations==
The Rome Statute provides for victim participation in the Court's proceedings.<ref>International Criminal Court. [http://www.icc-cpi.int/victimsissues.html ''Victims and witnesses'']. Accessed 22 June 2007.</ref><ref>Ilaria Bottigliero, April 2003. "[http://www.sgiquarterly.org/english/Features/quarterly/0304/perspective.htm The International Criminal Court — Hope for the Victims]", 32 ''SGI Quarterly'', pp. 13-15. Accessed 24 July 2007.</ref> Article 43(6) establishes a Victims and Witnesses Unit to provide "protective measures and security arrangements, counseling and other appropriate assistance for witnesses, victims who appear before the Court, and others who are at risk on account of testimony given by such witnesses."<ref>Article 43(6) of the [http://untreaty.un.org/cod/icc/statute/99_corr/cstatute.htm Rome Statute]. Accessed 20 March 2008.</ref> Article 68 sets out procedures for the "Protection of the victims and witnesses and their participation in the proceedings."<ref>Article 68 of the [http://untreaty.un.org/cod/icc/statute/99_corr/cstatute.htm Rome Statute]. Accessed 20 March 2008.</ref> The Court has also established an Office of Public Counsel for Victims, to provide support and assistance to victims and their legal representatives.<ref name=2006report>International Criminal Court, 17 October 2006. ''{{PDFlink|[http://www.icc-cpi.int/library/asp/ICC-ASP-5-15_English.pdf Report on the activities of the Court]''|151&nbsp;KB}}. Accessed 18 June 2007.</ref> Article 79 of the Rome Statute establishes a Trust Fund to make financial [[Reparation (legal)|reparations]] to victims and their families.<ref>International Criminal Court. [http://www.icc-cpi.int/vtf.html ''Trust Fund for Victims'']. Accessed 22 June 2007.</ref>

==Relationship with the United Nations==
[[Image:Darfur report - Page 2 Image 1.jpg|thumb|left|The [[United Nations Security Council|UN Security Council]] has referred the [[War in Darfur|situation in Darfur]] to the ICC]]
Unlike the [[International Court of Justice]], the ICC is legally and functionally independent from the United Nations. However, the Rome Statute grants certain powers to the [[United Nations Security Council]]. Article 13 allows the Security Council to refer to the Court situations that would not otherwise fall under the Court's jurisdiction (as it did in relation to the [[War in Darfur|situation in Darfur]], which the Court could not otherwise have prosecuted as [[Sudan]] is not a state party). Article 16 allows the Security Council to require the Court to defer from investigating a case for a period of 12 months.<ref name="Article 16">Article 16 of the [http://untreaty.un.org/cod/icc/statute/99_corr/cstatute.htm Rome Statute]. Accessed 20 March 2008.</ref> Such a deferral may be renewed indefinitely by the Security Council.

The Court cooperates with the UN in many different areas, including the exchange of information and logistical support.<ref name="un&icc">International Criminal Court, 1 February 2007. ''[http://www.icc-cpi.int/press/pressreleases/222.html UN Secretary-General visits ICC]''. Accessed 1 February 2007.</ref> The Court reports to the UN each year on its activities,<ref name="un&icc"/><ref>International Criminal Court, August 2006. ''{{PDFlink|[http://www.icc-cpi.int/library/organs/presidency/ICC_Report-to-UN_2006_English.pdf Report of the International Criminal Court for 2005-2006]''|68.5&nbsp;KB}}. Accessed 14 May 2007.</ref> and some meetings of the Assembly of States Parties are held at UN facilities. The relationship between the Court and the UN is governed by a “Relationship Agreement between the International Criminal Court and the United Nations”.<ref>''{{PDFlink|[http://www.icc-cpi.int/library/asp/ICC-ASP-3-Res1_English.pdf Negotiated Relationship Agreement between the International Criminal Court and the United Nations]''|130&nbsp;KB}}. Accessed 23 November 2006.</ref><ref>Coalition for the International Criminal Court, 12 November 2004. {{PDFlink|[http://iccnow.org/documents/CICCFS-UNRelationshipAgmt_12Nov04.pdf ''Q&A: The Relationship Agreement between the ICC and the UN'']|64.8&nbsp;KB}}. Accessed 23 November 2006.</ref>

==Co-operation by states not party to Rome Statute==
One of the principles of international law is that a treaty does not create either obligations or rights for third states (''pacta tertiis nec nocent nec prosunt'') without their consent, and this is also enshrined in the 1969 [[Vienna Convention on the Law of Treaties]].<ref>Article 34 of the [http://untreaty.un.org/ilc/texts/instruments/english/conventions/1_1_1969.pdf Vienna Convention] from 1969. Accessed 30 October 2008.</ref> The co-operation of the non-party states with the ICC is envisioned by the [[Rome Statute]] of the International Criminal Court to be of voluntary nature.<ref>Article 85 (5)(a) of the [[s:en:Rome Statute of the International Criminal Court#Article 87 - Requests for cooperation: general provisions|Rome Statute]]. Accessed 30 October 2008.</ref> However, even states that have not acceded to the Rome Statute might still be subjects to an obligation to co-operate with ICC in certain cases.<ref name=zhu>Zhu, Wenqi. "[http://www.icrc.org/Web/eng/siteeng0.nsf/htmlall/review-861-p87/$File/irrc_861_Wenqi.pdf On co-operation by states not party to the International Criminal Court]." ''International Review of the Red Cross'', no. 861 (2006), p. 87-110.</ref> When a case is referred to the ICC by the UN [[Security Council]] all UN member states are obliged to co-operate, since its decisions are binding for all of them.<ref>Article 25 of the [http://www.un.org/aboutun/charter/ UN Charter]. Accessed 30 October 2008.</ref> Also, there is an obligation to respect and ensure respect for international humanitarian law, which stems from the [[Geneva Conventions]] and [[Additional Protocol I]],<ref>Article 89 of [http://www.icrc.org/ihl.nsf/7c4d08d9b287a42141256739003e636b/f6c8b9fee14a77fdc125641e0052b079 Additional Protocol I] from 1977. Accessed on 30 October 2008.</ref> which reflects the absolute nature of [[IHL]].<ref>''Military and Paramilitary Activities in and against Nicaragua ([[Nicaragua v. United States|Nicaragua v. the United States]] of America)'', Merits, Judgment, ICJ Reports 1986, p. 114, para. 220.</ref> Although the wording of the Conventions might not be precise as to what steps have to be taken, it has been argued that it at least requires non-party states to make an effort not to block actions of ICC in response to serious violations of those Conventions.<ref name=zhu/> In relation to co-operation in investigation and evidence gathering, it is implied from the Rome Statute<ref>Article 99 of the [[s:en:Rome Statute of the International Criminal Court#Article 99 - Execution of requests under articles 93 and 96|Rome Statute]]. Accessed 30 October 2008.</ref> that the consent of a non-party state is a prerequisite for [[w:en:International Criminal Court#Office of the Prosecutor|ICC Prosecutor]] to conduct an investigation within its territory, and it seems that it is even more necessary for him to observe any reasonable conditions raised by that state, since such restrictions exist for states party to the Statute.<ref name=zhu/> Taking into account the experience of the [[ICTY]] (which worked with the principle of the primacy, instead of [[w:en:International Criminal Court#Complementarity|complementarity]]) in relation to co-operation, some scholars have expressed their pessimism as to the possibility of ICC to obtain co-operation of non-party states.<ref name=zhu/> As for the actions that ICC can take towards non-party states that do not co-operate, the Rome Statute stipulates that the Court may inform the [[w:en:International Criminal Court#Assembly of States Parties|Assembly of States Parties]] or Security Council, when the matter was referred by it, when non-party state refuses to co-operate after it has entered into an ad hoc arrangement or an agreement with the Court.<ref>Article 87(5) of the [[s:en:Rome Statute of the International Criminal Court#Article 87 - Requests for cooperation: general provisions|Rome Statute]]. Accessed on 30 October 2008.</ref>

==Amnesties and national reconciliation processes==
It is unclear to what extent the Court is compatible with reconciliation processes that grant [[amnesty]] to human rights abusers as part of agreements to end conflict.<ref name=dworkin>Anthony Dworkin, December 2003. "[http://www.crimesofwar.org/icc_magazine/icc-intro.html Introduction]" in ''The International Criminal Court: An End to Impunity?'' Crimes of War Project. Accessed 18 September 2007.</ref> Article 16 of the Rome Statute allows the Security Council to prevent the Court from investigating or prosecuting a case,<ref name="Article 16"/> and Article 53 allows the Prosecutor the discretion not to initiate an investigation if he or she believes that “an investigation would not serve the interests of justice”.<ref>Article 53 of the [http://untreaty.un.org/cod/icc/statute/99_corr/cstatute.htm Rome Statute]. Accessed 20 March 2008.</ref> The President of the ICC, Philippe Kirsch, has said that "some limited amnesties may be compatible" with a country's obligations genuinely to investigate or prosecute under the statute.<ref name=dworkin/>

It is sometimes argued that amnesties are necessary to allow the peaceful transfer of power from abusive regimes. By denying states the right to offer amnesty to human rights abusers, the International Criminal Court may make it more difficult to negotiate an end to conflict and a transition to democracy. For example, the outstanding arrest warrants for four leaders of the [[Lord's Resistance Army]] are regarded by some as an obstacle to ending the insurgency in Uganda.<ref>Tim Cocks, 30 May 2007. “[http://africa.reuters.com/top/news/usnBAN056745.html Uganda urges traditional justice for rebel crimes]”. Reuters. Accessed 31 May 2007.</ref><ref>Alasdair Palmer, 14 January 2007. “[http://www.telegraph.co.uk/opinion/main.jhtml?xml=/opinion/2007/01/14/do1409.xml When victims want peace, not justice]”. ''The Sunday Telegraph''. Accessed 15 January 2007.</ref> Czech politician Marek Benda argues that “the ICC as a deterrent will in our view only mean the worst dictators will try to retain power at all costs”.<ref>Alena Skodova, “[http://www.radio.cz/en/article/26826 Czech parliament against ratifying International Criminal Court]”. [[Radio Prague]], 12 April 2002. Accessed 11 January 2007.</ref> However, the United Nations<ref>See, for example, [[Kofi Annan]], 4 October 2000. [http://www.afrol.com/Countries/Sierra_Leone/documents/un_sil_court_041000.htm ''Report of the Secretary-General on the establishment of a Special Court for Sierra Leone''], para. 22. Accessed 31 December 2006.</ref> and the [[International Committee of the Red Cross]]<ref>Jean-Marie Henckaerts & Louise Doswald-Beck, 2005. ''Customary International Humanitarian Law'', Volume I: Rules, pp. 613-614. Cambridge: [[Cambridge University Press]]. ISBN 0521005280.</ref> maintain that granting amnesty to those accused of war crimes and other serious crimes is a violation of international law.

==Finance==
[[Image:International Criminal Court contributions, 2008.png|thumb|right|350px|Contributions to the ICC's budget, 2008]]
The Court is financed by contributions from the states parties. The amount payable by each state party is determined using the same method as the United Nations:<ref name="budget resolution">Assembly of States Parties, 14 December 2007. {{PDFlink|''[http://www.icc-cpi.int/library/asp/ICC-ASP-6-20_Vol.I_Part_III_English.pdf Resolution: Programme budget for 2008, the Working Capital Fund for 2008, scale of assessments for the apportionment of expenses of the International Criminal Court and financing appropriations for the year 2008]''|323&nbsp;KB}}. Accessed 20 March 2008.</ref> each state's contribution is based on the country’s capacity to pay, which reflects factors such as a national income and population. The maximum amount a single country can pay in any year is limited to 22% of the Court's budget; Japan paid this amount in 2008.

The Court spent [[Euro|€]]80.5 million in 2007,<ref name=budget-performance-2007>Assembly of States Parties, 26 May 2008. {{PDFlink|''[http://www.icc-cpi.int/library/asp/ICC-ASP-7-8_English.pdf Report on programme performance of the International Criminal Court for the year 2007]''|309&nbsp;KB}}. Accessed 10 July 2008.</ref> and the Assembly of States Parties has approved a budget of [[Euro|€]]90,382,100 for 2008.<ref name="budget resolution">Assembly of States Parties, 14 December 2007. {{PDFlink|''[http://www.icc-cpi.int/library/asp/ICC-ASP-6-20_Vol.I_Part_III_English.pdf Resolution: Programme budget for 2008, the Working Capital Fund for 2008, scale of assessments, for the apportionment of expenses of the International Criminal Court and financing appropriations for the year 2008]''|323&nbsp;KB}}. Accessed 20 March 2008.</ref> As of 9 October 2007, the ICC’s staff consisted of 485 persons from 80 states.<ref name=2007report>International Criminal Court, 18 October 2007. ''{{PDFlink|[http://www.icc-cpi.int/library/asp/ICC-ASP-6-18_English.pdf Report on the activities of the Court]''|91.8&nbsp;KB}}. Accessed 25 November 2007.</ref>

==Headquarters, offices and detention unit==
The official seat of the Court is in [[The Hague]], Netherlands, but its proceedings may take place anywhere.<ref name=article3>Article 3 of the [http://untreaty.un.org/cod/icc/statute/99_corr/cstatute.htm Rome Statute]. Accessed 20 March 2008.</ref><ref>The legal relationship between the ICC and the Netherlands is governed by a headquarters agreement, which entered into force on 1 March 2008. (See International Criminal Court, 2008: {{PDFlink|[http://www.icc-cpi.int/library/about/officialjournal/ICC-BD-04-01-08-ENG.pdf ''Headquarter Agreement between the International Criminal Court and the Host State'']|2.23&nbsp;MB}}. Accessed 1 June 2008.)</ref> The Court is currently housed in interim premises on the eastern edge of The Hague.<ref name=premises>Coalition for the International Criminal Court, 2006. ''[http://www.iccnow.org/?mod=premises Building — ICC Premises]''. Accessed 18 June 2007.</ref> The Court intends to construct permanent premises in Alexanderkazerne, to the north of The Hague.<ref name="premises resolution">Assembly of States Parties, 14 December 2007. {{PDFlink|''[http://www.icc-cpi.int/library/asp/ICC-ASP-6-20_Vol.I_Part_III_English.pdf Resolution: Permanent premises]''|323&nbsp;KB}}. Accessed 20 March 2008.</ref><ref name=premises/>

The ICC also maintains a liaison office in New York<ref name=NY>International Criminal Court, January 2007. ''[http://www.icc-cpi.int/library/about/newsletter/12/en_06.html Socorro Flores Liera Head of the Liaison Office to the UN]''. Accessed 10 June 2008.</ref> and field offices in places where it conducts its activities.<ref name=field-offices/> As of 18 October 2007, the Court had field offices in [[Kampala]], [[Kinshasa]], [[Bunia]], [[Abéché]] and [[Bangui]].<ref name=field-offices>International Criminal Court, 18 October 2007. ''[http://www.icc-cpi.int/press/pressreleases/288.html The Registrar Inaugurates the ICC Field Office in Bangui ]''. Accessed 10 June 2008.</ref>

The [[People detained by the International Criminal Court#Detention centre|ICC's detention centre]] comprises twelve cells on the premises of the [[Scheveningen]] branch of the [[Penitentiary Institution Haaglanden|Haaglanden Penal Institution]], The Hague.<ref name=Scheveningen>Emma Thomasson, 28 February 2006. ''[http://www.publicinternationallaw.org/warcrimeswatch/archives/wcpw_vol01issue02.html#u2 ICC says cells ready for Uganda war crimes suspects]''. Reuters. Accessed 18 June 2007.</ref> Suspects held by the [[International Criminal Tribunal for the former Yugoslavia]] are held in the same prison and share some facilities, like the fitness room, but have no contact with suspects held by the ICC.<ref name=Scheveningen/> The detention unit is close to the ICC's future headquarters in Alexanderkazerne.<ref>International Criminal Court, 18 October 2005. {{PDFlink|[http://www.icc-cpi.int/library/asp/ICC-ASP-4-22_English.pdf ''Report on the future permanent premises of the International Criminal Court: Project Presentation'']|537&nbsp;KB}}, p. 23. Accessed 18 June 2007.</ref>

As of November 2008, the detention centre houses five suspects: [[Thomas Lubanga]], [[Germain Katanga]], [[Mathieu Ngudjolo Chui]], [[Jean-Pierre Bemba]] and former [[Liberia]]n President [[Charles Taylor (Liberia)|Charles Taylor]]. Taylor is being tried under the mandate and auspices of the [[Special Court for Sierra Leone]], but his trial is being held at the ICC's facilities in The Hague because of political and security concerns about holding the trial in [[Freetown]].<ref>BBC News, 20 June 2006. ''[http://news.bbc.co.uk/2/hi/africa/4848938.stm Q&A: Trying Charles Taylor]''. Accessed 11 January 2007.</ref><ref>Alexandra Hudson, 31 May 2007. "[http://www.alertnet.org/thenews/newsdesk/L31697300.htm Warlord Taylor's home is lonely Dutch prison]". ''Reuters''. Accessed 27 July 2007.</ref>

==Situations before the Court==
{{main|International Criminal Court investigations}}
The Court has received complaints about alleged crimes in at least 139 countries<ref name=communications/> but, as of November 2008, the Prosecutor has opened investigations into just four situations: Uganda, the Democratic Republic of the Congo, the Central African Republic and Darfur.<ref name=cases>International Criminal Court, 2007. [http://www.icc-cpi.int/cases.html ''Situations and Cases'']. Accessed 31 May 2007.</ref>
{{ICC summary table}}

===Uganda===
[[Image:Joseph Kony (296444792).jpg|thumb|right|[[Joseph Kony]], wanted by the ICC for [[war crime]]s and [[crime against humanity|crimes against humanity]]]]
In December 2003, the government of [[Uganda]], a state party, referred to the Prosecutor the situation concerning the [[Lord’s Resistance Army]] in Northern Uganda.<ref>International Criminal Court, 29 January 2004. ''[http://www.icc-cpi.int/pressrelease_details&id=16&l=en.html President of Uganda refers situation concerning the Lord's Resistance Army (LRA) to the ICC]''. Accessed 11 January 2007.</ref> On 8 July 2005, the Court issued its first arrest warrants for the Lord's Resistance Army leader [[Joseph Kony]], his deputy [[Vincent Otti]], and LRA commanders [[Raska Lukwiya]], [[Okot Odiambo]], and [[Dominic Ongwen]].<ref name="LRA warrants"/> Lukwiya was killed in battle on 12 August 2006,<ref>International Criminal Court, 11 July 2007. {{PDFlink|[http://www.icc-cpi.int/library/cases/ICC-02-04-01-05-248_English.pdf ''Decision to Terminate the Proceedings against Raska Lukwiya'']|2.73&nbsp;MB}}. Accessed 24 January 2008.</ref> and Otti was killed in 2007, apparently by Kony.<ref>BBC News, 23 January 2008. ''[http://news.bbc.co.uk/2/hi/africa/7204278.stm Uganda's LRA confirm Otti death]''. Accessed 24 January 2008.</ref> The LRA's leaders have repeatedly demanded immunity from ICC prosecution in return for an end to the insurgency.<ref name=lra-immunity>Associated Press, 30 May 2007. ''[http://www.pr-inside.com/human-rights-watch-ugandan-rebels-must-r138877.htm Human Rights Watch: Ugandan rebels must face justice, even if not before international court]''. Accessed 24 January 2008.</ref> The government of Uganda says it is considering establishing a national criminal tribunal that meets international standards, thereby allowing the ICC warrants to be set aside.<ref>Agence France-Presse, 23 January 2008. ''[http://afp.google.com/article/ALeqM5i-Op9prQrFBXZm4O4tzvOWtlHAEg Uganda's mato oput ritual: forgiveness for brutal 20-year war]''. Accessed 24 January 2008.</ref>

===Democratic Republic of the Congo===
In March 2004, the government of the [[Democratic Republic of the Congo]], a state party, referred to the Prosecutor “the situation of crimes within the jurisdiction of the Court allegedly committed anywhere in the territory of the DRC since the entry into force of the Rome Statute, on 1 July 2002.”<ref>International Criminal Court, 19 April 2004. ''[http://www.icc-cpi.int/pressrelease_details&id=19&l=en.html Prosecutor receives referral of the situation in the Democratic Republic of Congo]''. Accessed 11 January 2007.</ref><ref name=drc>International Criminal Court, 23 June 2004. ''[http://www.icc-cpi.int/pressrelease_details&id=26&l=en.html The Office of the Prosecutor of the International Criminal Court opens its first investigation]''. Accessed 11 January 2007.</ref>

On 17 March 2006, [[Thomas Lubanga]], former leader of the [[Union of Congolese Patriots]] militia in [[Ituri conflict|Ituri]], became the first person to be arrested under a warrant issued by the Court, for allegedly “conscripting and enlisting children under the age of fifteen years and using them to participate actively in hostilities”.<ref>International Criminal Court, 17 March 2006. ''[http://www.icc-cpi.int/pressrelease_details&id=132.html First arrest for the International Criminal Court]''. Accessed 11 January 2007.</ref> His trial was due to begin on 23 June 2008,<ref name=lubanga-trial>International Criminal Court, 13 March 2008. ''[http://www.icc-cpi.int/press/pressreleases/348.html The trial in the case of Thomas Lubanga Dyilo will commence on 23 June 2008]''. Accessed 14 April 2008.</ref> but it was halted on 13 June when the Court ruled that the Prosecutor's refusal to disclose potentially [[Brady material|exculpatory material]] had breached Lubanga's [[right to a fair trial]].<ref name=lubanga-decision>International Criminal Court, 13 June 2008. ''{{PDFlink|[http://www.icc-cpi.int/library/cases/ICC-01-04-01-06-1401-ENG.pdf Decision on the consequences of non-disclosure of exculpatory materials covered by Article 54(3)(e) agreements and the application to stay the prosecution of the accused, together with certain other issues raised at the Status Conference on 10 June 2008]''|2.11&nbsp;MB}}. Accessed 17 June 2008.</ref> The Prosecutor had obtained the evidence from the United Nations and other sources on condition of confidentiality, but the judges ruled that the Prosecutor had incorrectly applied the relevant provision of the Rome Statute and, as a consequence, "the trial process has been ruptured to such a degree that it is now impossible to piece together the constituent elements of a fair trial".<ref name=lubanga-decision/><ref name=lubanga-release>International Criminal Court, 16 June 2008. ''[http://www.icc-cpi.int/press/pressreleases/394.html Trial Chamber I ordered the release of Thomas Lubanga Dyilo - Implementation of the decision is pending]''. Accessed 2 July 2008.</ref> The Court lifted this suspension on 18 November 2008; Lubanga's trial is expected to begin in January 2009.<ref name=afp-lubanga/>

Two more suspects, [[Germain Katanga]] and [[Mathieu Ngudjolo Chui]], have also been surrendered to the Court by the Congolese authorities.<ref name=katanga-arrest>International Criminal Court, 18 October 2007. ''[http://www.icc-cpi.int/press/pressreleases/284.html Second arrest: Germain Katanga transferred into the custody of the ICC]''. Accessed 18 October 2007.</ref><ref name=Ngudjolo-arrest>International Criminal Court, 7 February 2008. [http://www.icc-cpi.int/press/pressreleases/329.html ''Third detainee for the International Criminal Court: Mathieu Ngudjolo Chui'']. Retrieved on 7 February 2008.</ref> Both men are charged with six counts of war crimes and three counts of crimes against humanity, relating to an [[Bogoro attack|attack on the village of Bogoro]] on 24 February 2003, in which at least 200 civilians were killed, survivors were imprisoned in a room filled with corpses, and women and girls were sexually enslaved.<ref name=katanga-warrant>International Criminal Court, 2 July 2007. ''{{PDFlink|[http://www.icc-cpi.int/library/cases/ICC-01-04-01-07-1_tEnglish.pdf Warrant of arrest for Germain Katanga]|192&nbsp;KB}}''. Accessed 18 October 2007.</ref><ref name=ngudjolo-warrant>International Criminal Court, 6 July 2007. {{PDFlink|[http://www.icc-cpi.int/library/cases/ICC-01-04-02-07-1-tENG.pdf ''Warrant of arrest for Mathieu Ngudjolo Chui'']|194&nbsp;KB}}. Retrieved on 7 February 2008.</ref> The charges against both men include [[murder]], [[sexual slavery]] and using children under the age of fifteen to participate actively in hostilities.<ref name=katanga-arrest/><ref name=Ngudjolo-arrest/>

===Central African Republic===
In December 2004, the government of the [[Central African Republic]], a state party, referred to the Prosecutor “the situation of crimes within the jurisdiction of the Court committed anywhere on the territory of the Central African Republic since 1 July 2002, the date of entry into force of the Rome Statute.”<ref>International Criminal Court, 15 December 2006. {{PDFlink|''[http://www.icc-cpi.int/library/cases/ICC-01-05-7_English.pdf Prosecution's Report Pursuant to Pre-Trial Chamber Ill's 30 November 2006 Decision Requesting Information on the Status of the Preliminary Examination of the Situation in the Central African Republic]''|352&nbsp;KB}}. Accessed 11 January 2007.</ref> On 22 May 2007, the Prosecutor announced his decision to open an investigation,<ref>International Criminal Court, 22 May 2007. ''[http://www.icc-cpi.int/press/pressreleases/248.html Prosecutor opens investigation in the Central African Republic]''. Accessed 31 May 2007.</ref><ref>International Criminal Court, 22 May 2007. {{PDFlink|''[http://www.icc-cpi.int/library/press/pressreleases/ICC-OTP-BN-20070522-220_A_EN.pdf Background: Situation in the Central African Republic]''|141&nbsp;KB}}. Accessed 31 May 2007.</ref> focusing on allegations of killing and rape in 2002 and 2003, a period of intense fighting between government and rebel forces.<ref>Nora Boustany, 23 May 2007. “[http://www.washingtonpost.com/wp-dyn/content/article/2007/05/22/AR2007052201384.html Court Examines Alleged Abuses in Central African Republic]”, ''[[The Washington Post]]'', p. A16. Accessed 31 May 2007.</ref> On 23 May 2008, the Court issued an arrest warrant for [[Jean-Pierre Bemba]], a former [[Vice Presidents of the Democratic Republic of the Congo|Vice President of the Democratic Republic of the Congo]], charging him with [[war crime]]s and [[crime against humanity|crimes against humanity]].<ref name=bemba-arrest>International Criminal Court, 24 May 2008 ''[http://www.icc-cpi.int/press/pressreleases/370.html Jean-Pierre Bemba Gombo arrested for crimes allegedly committed in the Central African Republic.]'' Accessed 25 May 2008.</ref> He was arrested near [[Brussels]] the following day.<ref name=bemba-arrest/> On 3 July, 2008 he was surrendered to the ICC.<ref> International Criminal Court, 3 July 2008 ''[http://www.icc-cpi.int/press/pressreleases/395.html Surrender of Jean-Pierre Bemba to the International Criminal Court.]'' Accessed 28 September 2008.</ref>

===Darfur, Sudan===
On 31 March 2005, the United Nations Security Council passed [[United Nations Security Council Resolution 1593|Resolution 1593]], referring “the situation prevailing in [[War in Darfur|Darfur]] since 1 July 2002” to the Prosecutor.<ref>United Nations Security Council, 31 March 2006. ''[http://www.un.org/News/Press/docs/2005/sc8351.doc.htm Security Council Refers Situation in Darfur, Sudan, To Prosecutor of International Criminal Court.]'' Accessed 11 January 2007.</ref> In February 2007 the Prosecutor announced that two men&nbsp;— Sudanese humanitarian affairs minister [[Ahmed Haroun|Ahmad Muhammad Harun]] and [[Janjaweed]] militia leader [[Ali Kushayb]]&nbsp;— had been identified as key suspects, accused of war crimes and crimes against humanity.<ref name=voa>Sonja Pace, 27 February 2007. "[http://voanews.com/english/2007-02-27-voa37.cfm International Court Names Top Suspects in Darfur War Crimes]". ''[[Voice of America]]''. Accessed 27 February 2007.</ref> On 2 May 2007, the Court issued arrest warrants for the two men.<ref name=hudson>Alexandra Hudson, 2 May 2007. ''[http://www.reuters.com/article/worldNews/idUSL0272465320070502 ICC judges issue arrest warrants for Darfur suspects]''. Reuters. Accessed 3 May 2007.</ref> However, [[Sudan]] says the Court has no jurisdiction over this matter,<ref name=voa/> and refuses to hand over the suspects.<ref name=hudson/> On 14 July 2008, the Prosecutor accused Sudanese President [[Omar al-Bashir]] of genocide, crimes against humanity and war crimes, and requested that the Court issue an arrest warrant for him.<ref name=al-bashir>International Criminal Court, 14 July 2008. [http://www.icc-cpi.int/press/pressreleases/406.html ''ICC Prosecutor presents case against Sudanese President, Hassan Ahmad AL BASHIR, for genocide, crimes against humanity and war crimes in Darfur'']. Accessed 14 July 2008.</ref>

===Other complaints===
{{main|Complaints to the International Criminal Court}}
{{see also|The International Criminal Court and the 2003 invasion of Iraq}}
As of 4 October 2007, the Prosecutor had received [[Complaints to the International Criminal Court|2889 communications]]<ref name=2007report/> about alleged crimes in at least 139 countries.<ref name=communications>International Criminal Court, 10 February 2006. {{PDFlink|[http://www.icc-cpi.int/library/organs/otp/OTP_Update_on_Communications_10_February_2006.pdf ''Update on communications received by the Office of the Prosecutor of the ICC'']|236&nbsp;KB}}. Accessed 22 June 2007.</ref> After initial review, however, the vast majority of these communications were dismissed as “manifestly outside the jurisdiction of the Court”.<ref name=2007report/>

On 10 February 2006, the Prosecutor published a letter responding to complaints he had received concerning the [[2003 invasion of Iraq]].<ref name=Iraq>Luis Moreno-Ocampo, 9 February 2006. {{PDFlink|[http://www.icc-cpi.int/library/organs/otp/OTP_letter_to_senders_re_Iraq_9_February_2006.pdf ''Letter concerning the situation in Iraq'']|158&nbsp;KB}}. Accessed 23 November 2006.</ref> He noted that "the International Criminal Court has a mandate to examine the ''conduct during the conflict''<!-- [emphasis in original] -->, but not whether the ''decision to engage'' in armed conflict was legal", and that the Court's jurisdiction is limited to the actions of nationals of states parties.<ref name=Iraq/> He concluded that there was a reasonable basis to believe that a limited number of war crimes had been committed in Iraq, but that the crimes allegedly committed by nationals of states parties did not appear to meet the required gravity threshold for an ICC investigation.<ref name=2006report/>

==See also==
*[[Command responsibility]]
*[[Nuremberg Principles]]

==Notes and references==
{{reflist|2}}

==Further reading==
* Bruce Broomhall, ''International Justice and the International Criminal Court: Between Sovereignty and the Rule of Law''. Oxford: [[Oxford University Press]] (2003). ISBN 019927424X.
* Anne-Marie de Brouwer, ''Supranational Criminal Prosecution of Sexual Violence: The ICC and the Practice of the ICTY and the ICTR''. Antwerp - Oxford: Intersentia (2005). ISBN 90-5095-533-9.
* [[Antonio Cassese]], Paola Gaeta & John R.W.D. Jones (eds.), ''The Rome Statute of the International Criminal Court: A Commentary''. Oxford: [[Oxford University Press]] (2002). ISBN 978-0-19-829862-5.
* [[Hans Köchler]], ''[[Global Justice or Global Revenge|Global Justice or Global Revenge? International Criminal Justice at the Crossroads]]''. Vienna/New York: Springer, 2003, ISBN 3-211-00795-4.
* Roy S Lee (ed.), ''The International Criminal Court: The Making of the Rome Statute''. The Hague: [[Wolters Kluwer|Kluwer Law International]] (1999). ISBN 90-411-1212-X.
* Roy S Lee & Hakan Friman (eds.), ''The International Criminal Court: Elements of Crimes and Rules of Procedure and Evidence''. Ardsley, NY: Transnational Publishers (2001). ISBN 1-57105-209-7.
* Madeline Morris (ed.), "[http://www.law.duke.edu/journals/journaltoc?journal=lcp&toc=lcptoc64winter2001.htm The United States and the International Criminal Court]", ''Law and Contemporary Problems'', Winter 2001, vol. 64, no. 1. Retrieved 2007-07-24.
* William A Schabas, ''An Introduction to the International Criminal Court'' (2nd ed.). Cambridge: [[Cambridge University Press]] (2004). ISBN 0-521-01149-3.
* Nicolaos Strapatsas, "Universal Jurisdiction and the International Criminal Court", ''Manitoba Law Journal'', 2002, vol. 29, p. 2.
* [[Lyal S. Sunga]], "The Crimes within the Jurisdiction of the International Criminal Court (Part II, Articles 5-10)", ''European Journal of Crime, Criminal Law and Criminal Justice'' vol. 6, no. 4, pp. 377-399 (April 1998).

==External links==
{{Wikisource|Rome Statute of the International Criminal Court|Rome Statute}}
{{Commonscat|ICC}}
'''Official websites'''
* [http://www.icc-cpi.int/ Official website of the ICC]
* [http://www.un.org/law/icc/ United Nations website on the Rome Statute]

'''Non-governmental organisations'''
* [http://www.iccnow.org The Coalition for the International Criminal Court]
* ''[http://www.amnestyusa.org/icc/index.do The International Criminal Court]'' by [[Amnesty International]] USA
* ''[http://www.internationalcrimesblog.com International Crimes Blog]'' by McNabb Associates
* [http://www.vrwg.org Victims' Rights Working Group]

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[[Category:International Criminal Court| ]]
[[Category:The Hague]]
[[Category:2002 establishments]]

[[ar:المحكمة الجنائية الدولية]]
[[bn:আন্তর্জাতিক অপরাধী আদালত]]
[[bg:Международен наказателен съд]]
[[ca:Cort Penal Internacional]]
[[cs:Mezinárodní trestní soud]]
[[da:Den Internationale Straffedomstol]]
[[de:Internationaler Strafgerichtshof]]
[[et:Rahvusvaheline Kriminaalkohus]]
[[es:Corte Penal Internacional]]
[[eo:Internacia krima kortumo]]
[[fr:Cour pénale internationale]]
[[ko:국제형사재판소]]
[[id:Pengadilan Kriminal Internasional]]
[[is:Alþjóðlegi sakamáladómstóllinn]]
[[it:Corte Penale Internazionale]]
[[he:בית הדין הפלילי הבינלאומי]]
[[lv:Starptautiskā krimināltiesa]]
[[lt:Tarptautinis Baudžiamasis Teismas]]
[[hu:Nemzetközi Büntetőbíróság]]
[[mk:Меѓународен Кривичен Суд]]
[[ms:Mahkamah Jenayah Antarabangsa]]
[[nl:Internationaal Strafhof]]
[[ja:国際刑事裁判所]]
[[no:Den internasjonale straffedomstolen]]
[[pl:Międzynarodowy Trybunał Karny]]
[[pt:Corte Penal Internacional]]
[[ro:Curtea Penală Internaţională]]
[[ru:Международный уголовный суд]]
[[si:ජාත්‍යන්තර අපරාධ අධිකරණය]]
[[simple:International Criminal Court]]
[[sk:Medzinárodný trestný súd]]
[[sr:Међународни кривични суд]]
[[sh:Međunarodni krivični sud]]
[[fi:Kansainvälinen rikostuomioistuin]]
[[sv:Internationella brottmålsdomstolen]]
[[ta:பன்னாட்டு குற்றவியல் நீதிமன்றம்]]
[[th:ศาลอาญาระหว่างประเทศ]]
[[tr:Uluslararası Ceza Mahkemesi]]
[[zh:国际刑事法院]]

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