Rome, 17 July 1998
Objectives
The Rome Statute of the International Criminal Court was adopted on 17 July 1998
at a United Nations Diplomatic Conference of Plenipotentiaries on the
Establishment of an International Criminal Court. The Statute establishes an
international criminal court to try individuals for the most serious crimes of
concern to the international community as a whole and seeks to establish a fair
and just international criminal justice system with competent and impartial
judges and an independent prosecutor. Unlike an ad hoc tribunal, the
Court is a permanent institution, which ensures that the international community
can make immediate use of its services in the event of atrocities occurring, and
also acts as a deterrent to those who would perpetrate such crimes.
Key Provisions
The Statute establishes a Court composed of the following organs: the
Presidency, an Appeals Division, a Trial Division and a Pre-trial Division, the
Office of the Prosecutor and the Registry. Its judges will be persons of high
moral character and integrity and in their selection the States parties will
take into account the need for the representation of the principal legal systems
of the world, equitable geographical distribution and a fair representation of
female and male judges.
The Court is complementary to national criminal jurisdictions. It is not
intended to supersede their jurisdiction. It will act only when the national
jurisdiction is unable or unwilling to genuinely prosecute, or in the case of
referral by the Security Council.
The Court has jurisdiction over the crime of genocide, crimes against humanity,
war crimes and the crime of aggression. With respect to the crime of aggression,
however, the Court will exercise jurisdiction once a definition of aggression
that is consistent with the Charter of the United Nations is agreed upon and is
adopted in accordance with the Statute.
In conformity with the principle of legality, the crimes are specified and
defined in the Statute. A few examples of specific crimes include murder,
extermination, conscripting or enlisting children under the age of fifteen,
attacks against United Nations personnel and crimes of sexual violence such as
rape, sexual slavery, enforced prostitution and forced pregnancy.
In addition, the Preparatory Commission has elaborated Elements of Crimes, which
are intended to assist the Court in the interpretations and applications of the
articles defining the crimes within the jurisdiction of the Court.
The Statute applies equally to all persons without any distinction based on
official capacity. Thus a Head of State or Government, a member of Government or
parliament, an elected representative or a Government official is not exempt
from criminal responsibility under the Statute.
Once a State ratifies or accedes to the Statute, it thereby accepts the
jurisdiction of the Court. The Court may exercise its jurisdiction over a
specific case when either the State in whose territory the crime was committed
or the State of nationality of the accused is a party to the Statute. A State,
which is not a party to the Statute, may also accept the jurisdiction of the
Court on a case-by-case basis.
The Court may exercise jurisdiction with respect to a crime through a referral
of a situation by a State party, the Security Council, acting under Chapter VII
of the Charter of the United Nations or by the Prosecutor acting pursuant to
powers accorded under the Statute. The jurisdiction of the Court or the
admissibility of a case is subject to challenge pursuant to provisions of
the Statute.
The Statute also provides for due process and fair trial guarantees for the
accused, consistent with generally acceptable international human rights
standards. The Statute also makes provision for the participation of victims in
the proceedings and for reparations to them.
The Statute contains elaborate provisions on international cooperation and
judicial assistance.
The Court will be based at The Hague in the Netherlands.