INTERNATIONAL CRIMINAL COURT (ICC)

International Criminal Court is an intergovernmental organization and international tribunal located at The Hague (Netherlands). It was founded through ROME STATUTE and adopted on 17th July 1988 and entered into force on 1st July 2002.

Distinction between International Court of Justice (ICJ) AND ICC

ICJ is one of the six organs of United Nations that settles legal disputes between States whereas ICC is the first and only permanent international court with jurisdiction to investigate and where warranted prosecute individuals charged with the gravest international crimes of genocide, crimes against humanity, war crimes and the crime of aggression.

The court aims to hold those responsible for their crimes and to help prevent these crimes from happening again. ICC Judges conduct judicial proceedings and ensure the fairness of proceedings.

Working Languages- English and French

Official Languages- Arabic, Chinese, English, French, Russian and Spanish.

Member States- 125

● Armenia is the 124th member state of the International Criminal Court (ICC). The Republic of Armenia deposited its instrument of ratification of the Rome Statute on November 14, 2023, and the Statute entered into force for Armenia on February 1, 2024.

● Ukraine is the 125th member state of the ICC, joined the ICC in January 2025.

COMPOSITION OF ICC

● PRESIDENT

● FIRST VICE PRESIDENT

● SECOND VICE PRESIDENT

● 15 OTHER JUDGES

ICC has a total of 18 judges. Tenure of a judge is 9 years (non-renewable). They elect among themselves the ICC President (just like Chief Justice) and two Vice Presidents (just like Deputy Chief Justice). The tenure of President and two Vice Presidents are Three Years (renewable).

ELECTION OF JUDGES- The ICC’s 18 judges are elected by the Assembly of State Parties for their qualification, impartiality and integrity. Every member country of ICC is also a member of the Assembly of State Parties. Each Member has 1 vote.

PRESENT OFFICE BEARERS: -

President- Judge Tomoko Akane (Japan)

First Vice President- Judge Rosario Salvatore Aitala (Italy)

Vice President- Judge Reine Alapini-Gansou (Benin)

Jurisdiction

ICC serves as the “court of last resort’’, the ICC complements existing national judicial systems and may exercise its jurisdiction only when national courts are unwilling or unable to prosecute criminals. It lacks universal territorial jurisdiction and may only investigate and prosecute crimes committed within member states, crimes committed by nationals of member states, or crimes in situations referred to the Court by the United Nations Security Council.

Is India a member of ICC?

India has neither signed nor ratified the ROME STATUTE of the ICC and thus is not a member of ICC because of following reasons:

● State Sovereignty

● National Interests

● Difficulty in collection of evidence.

India opposes the powers given to UNSC and non-inclusion of nuclear weapons and other weapons of mass destruction as weapons whose use would constitute a war crime. India wants no role for UNSC in deciding whether an act of aggression has taken place for the purposes of international crime of aggression.

Recent Legal Actions of International Criminal Court:

Several prominent international figures have been implicated by the International Criminal Court (ICC) for various alleged crimes. These individuals, detailing the accusations against them and the status of their cases:

1. Benjamin Netanyahu (Prime Minister of Israel)

In November 2024, the ICC issued an arrest warrant for Israeli Prime Minister Benjamin Netanyahu, accusing him of being criminally responsible for acts including murder, persecution, and the use of starvation as a weapon of war as part of a "widespread and systematic attack against the civilian population of Gaza." Israel has rejected the ICC's jurisdiction and denies the allegations, with Netanyahu labeling the warrant as antisemitic.

2. Rodrigo Duterte (Ex President of Philippines)

Duterte’s ‘War on Drugs’ & Human Rights Violations

1. Soon after taking office in 2016, Duterte launched an aggressive anti-drug campaign, promising to eradicate drug-related crime.

2. The crackdown led to thousands of extrajudicial killings, with estimates ranging from 6,000 to 30,000 deaths, many victims were poor civilians, allegedly killed in staged police encounters

3. Reports suggested death squads were used, and there were claims of fabricated evidence. International organizations, including the UN and Human Rights Watch, condemned these actions.

ICC Investigation on Duterte

A. In 2021, the International Criminal Court (ICC) launched an investigation into crimes against humanity linked to Duterte’s war on drugs. The Philippines withdrew from the ICC in 2019, but the court maintained jurisdiction over crimes committed while the country was a member.

B. March 2024: ICC issued an arrest warrant against Duterte for crimes against humanity.

C. March 12, 2024: Duterte was arrested in Manila after returning from a trip to Hong Kong. He was later flown to The Hague, Netherlands, on a government-chartered jet.

3. Vladimir Putin (President of Russia)

In March 2023, the ICC issued an arrest warrant against Russian President Vladimir Putin, accusing him of the war crime of illegally deporting hundreds of children from Ukraine. The Kremlin has dismissed the warrant as meaningless and denies any wrongdoing. Putin remains at large and continues to serve as the President of Russia.

4. Muammar Gaddafi (Ex-President of Libya)

The ICC issued an arrest warrant for Libyan leader Muammar Gaddafi in 2011, accusing him of crimes against humanity during the crackdown on anti-government protesters. However, Gaddafi was captured and killed by rebel forces in October 2011 before he could be apprehended by the ICC.

5. Omar al-Bashir (Ex-President of Sudan)

The ICC issued an arrest warrant for former Sudanese President Omar al-Bashir in 2009, accusing him of masterminding genocide, crimes against humanity, and war crimes in Sudan's Darfur region, where an estimated 300,000 people were killed and more than 2 million displaced. Bashir was ousted in 2019 and imprisoned in Sudan, but he has not been transferred to the ICC.

6. Joseph Kony (Uganda)

Joseph Kony, founder and leader of the Lord's Resistance Army (LRA), has been evading capture since the ICC issued an arrest warrant in 2005. He is accused of 36 counts of war crimes and crimes against humanity, including murder, rape, and the use of child soldiers. In 2024, ICC judges permitted prosecutors to proceed with charges against him in absentia. In November 2025, the International Criminal Court (ICC) officially confirmed all 39 charges against Joseph Kony, finding substantial grounds to believe he committed war crimes and crimes against humanity between 2002 and 2005.