Context
In August 2026, the United States announced sanctions against several judges and officials—including the President—of the International Criminal Court (ICC). These sanctions include measures such as travel bans to the US and the freezing of assets held within the US. The stated reason for these sanctions is the ICC’s investigation into the US and Israel regarding Gaza and other matters. The US considers this ICC investigation illegitimate, which is why the sanctions were imposed. Consequently, the ICC is currently a subject of discussion.
The International Criminal Court (ICC) was established in 2002 under the Rome Statute. The Rome Statute was signed on July 17, 1998, but came into force on July 1, 2002.
The ICC is an intergovernmental organization headquartered in The Hague. Currently, it has 125 member countries; however, nations such as India, the US, Russia, and China are not members. Countries that are not members do not accept the jurisdiction of the ICC.
Jurisdiction of the International Criminal Court
The jurisdiction of the ICC is limited to the following four types of crimes:
1. Crimes against humanity,
2. War crimes,
3. Genocide, and
4. Acts of aggression against another country.
The ICC becomes operational in these matters in three ways:
First, if any of the aforementioned crimes have occurred within its member countries; or
Second, if the perpetrator is a citizen of a member country; or
Third, if a case regarding these crimes is referred to it by the United Nations Security Council.
It is noteworthy that in the aforementioned situations, the ICC can investigate a matter either upon receiving a complaint or suo motu (on its own initiative). Following an investigation and legal proceedings, the International Criminal Court (ICC) can sentence individuals found guilty of the aforementioned four crimes. The ICC does not possess its own prisons or police force; prison and police facilities for convicted individuals are provided by member states. During judicial proceedings, the accused are temporarily detained in a facility located in The Hague. Investigations are conducted by the ICC’s Prosecutor.
Since 2002, the ICC has issued arrest warrants against 61 individuals, yet only 22 have been taken into custody. Notably, in 2023, the ICC issued an arrest warrant for Russian President Vladimir Putin regarding the military invasion of Ukraine, and in 2024, it issued arrest warrants for Israeli Prime Minister Netanyahu and other officials for the crime of genocide in Gaza.
Difference between the International Criminal Court (ICC) and the International Court of Justice (ICJ):
Although both courts are located in The Hague, the capital of the Netherlands, there are differences regarding their formation and jurisdiction:
1. The International Court of Justice (ICJ) is one of the six principal organs of the United Nations. Its judges are appointed for nine-year terms following approval by the UN General Assembly and the Security Council. In contrast, the International Criminal Court (ICC) is not an organ of the United Nations; its relationship with the UN is established through a 2004 agreement. ICC judges are appointed for nine-year terms by a two-thirds majority vote of the Assembly of States Parties (member countries). The United Nations plays no role in this process.
2.Only states can be parties to cases before the International Court of Justice (ICJ), and it does not have the authority to impose criminal sentences. Conversely, individuals are the parties in cases before the International Criminal Court (ICC), and it possesses the authority to impose sentences.
3. The International Court of Justice deals with all types of disputes arising between states, whereas the jurisdiction of the International Criminal Court is limited to only four types of crimes, mentioned above.
4. The decisions of the International Court of Justice are binding on the state parties, but the implementation of the decisions of the International criminal Courts depends upon the cooperation of its member states.
Image Courtesy: LawBhoomi
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