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International Criminal Court and State Sovereignty

The International Criminal Court (ICC) is a permanent international tribunal and
intergovernmental organization that is based in the Hague, Netherlands. It was founded in 2002
when the Rome Statute, its governing and foundational document, came into force (Politi, 2017).
It is considered as a continuation of the Nuremberg Tribunals and other tribunals that tried war
criminals of the Second World War. Since its inception, it has seen some founding members
withdraw. Other nations that did not sign the Rome Statute have also signed after the Court
started its operations. Currently it has 124 members (Politi, 2017).
Mission and Function of ICC
The mission of ICC is to help in stopping impunity for those who perpetrate serious
crimes. It hopes that ending such impunity may help prevent the occurrence of such crimes
(Politi, 2017). It’s functions include investigation, prosecution, and trying of persons that are
accused of committing very serious crimes (Politi, 2017). Such crimes include war crimes such
as willful killing, inhumane treatment, and torture. They also include crimes of aggression,
crimes against humanity, and international crimes of genocide (Politi, 2017).
ICC and State Sovereignty
According to the Rome Statute, which is the governing document of ICC, the Court is not
a substitute for courts of member countries. Instead, it operates under the principle of
complementarity. Under this principle, the ICC only exercises its jurisdiction if a national court
is either unable or unwilling to prosecute an accused person (Power, 2017). Thus, ICC cannot
initiate any proceedings against an individual as long as the individual’s nation has ongoing

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investigations or proceedings into the crimes that they are accused of committing. The only other
way in which the ICC can initiate proceedings against an accused person is when the United
Nations Security Council refers a situation to it (Power, 2017). Thus, ICC does not interfere with
the sovereignty of its individual states.
The ICC is, therefore, a court committed to prosecuting serious crimes that national
courts are unable to prosecute or, for various reasons, lack the will to prosecute. With the full
cooperation of its member states it hopes to discourage the commitment of serious crimes by
making sure that individuals who commit such crimes face justice.

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References

Politi, M. (2017). The Rome Statute of the International Criminal Court: a challenge to impunity.
Routledge.
Power, J. (2017). From Nuremberg to the International Criminal Court. In Ending War Crimes,
Chasing the War Criminals (pp. 19-26). Brill Nijhoff.