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THE INTERNATIONAL CRIMINAL COURT. What it is and how it works. What it is. It’s an IO established by States on 17 July 1998 It was established by treaty (the ‘ICC Statute’), which came into force on 1 July 2002 Its seat is at The Hague. What it is: special features.

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the international criminal court
THE INTERNATIONAL CRIMINAL COURT

What it is and how it works

what it is
What it is
  • It’s an IO established by States on 17 July 1998
  • It was established by treaty (the ‘ICC Statute’), which came into force on 1 July 2002
  • Its seat is at The Hague
what it is special features
What it is: special features
  • It’s a permanent institution
  • It aspires to universality
    • 110 States have become parties to the Statute (30 from Africa, 14 from Asia, 17 from Eastern Europe, 24 from Latin America and Caribbean States, and 25 from European and other States)
  • It’s complementary to national jurisdictions
  • Victims have the right to participate in the proceedings and to seek reparations
how it works
Jurisdiction

Subject-matter

Genocide

Crimes against humanity

War crimes

Aggression

Personal

Natural persons above 18

Temporal

Crimes committed after 1/7/2002

Preconditions to the exercise of jurisdiction

The crime has to be committed on the territory of a State party or otherwise accepting the ICC jurisdiction

The accused is a national of a State party or otherwise accepting the ICC jurisdiction

How it works
how it works admissibility of a case
How it works: admissibility of a case
  • Causes of inadmissibility
    • The case is being investigated or prosecuted
    • The case has been investigated and not prosecuted in ‘good faith’
    • The person concerned has already been tried for the same conduct
    • The case is not of sufficient gravity to justify further action