Why in News?
Qatar met the ICC President to explore legal action against Israel following an Israeli strike in Doha that killed five Hamas members and a Qatari official. As an ICC observer state, Qatar cannot directly refer cases to the court.
Description:
The ICC is the only permanent international criminal tribunal to prosecute individuals for the gravest crimes.
- Establishment: Created by the Rome Statute (17 July 1998); came into force on 1 July 2002.
- HQ: The Hague, Netherlands (different from ICJ but same city).
- Purpose: To hold individuals accountable for genocide, crimes against humanity, war crimes, and crime of aggression.
- Nature: Court of last resort — complements national jurisdictions.
Membership & Funding:
- States Parties: 125 (as of 2025).
- Non-members: India, China, US, Russia, Israel, etc.
- Funding: Contributions from member States + voluntary donations from governments, organisations, individuals, corporations.
Structure of the ICC:
| Organ | Key Points |
| Presidency | 3 judges (President + 2 VPs), elected from judges; represents ICC globally |
| Judicial Divisions | Pre-Trial, Trial, Appeals (18 judges in total, 9-year non-renewable terms) |
| Office of the Prosecutor (OTP) | Receives referrals/info → investigates → prosecutes |
| Registry | Administrative & operational support |
Jurisdiction:
- Crimes: Genocide, War Crimes, Crimes against Humanity, Crime of Aggression.
- Conditions:
- Crime committed on the territory of a State Party or by its national.
- National courts unable/unwilling to prosecute.
- Only for offences after 1 July 2002.
- UNSC can refer cases even if a country is not a member (e.g., Darfur, Libya).
Relation with UN:
- ICC is not a UN body but has a cooperation agreement (Rome Statute Article 2).
- UNSC can refer or defer investigations (Chapter VII powers).
India & ICC:
- India is not a member; concerns:
- Possible jurisdiction over Indian forces in UN missions / J&K.
- No immunity for heads of state.
- Issues with Rome Statute’s definition of crimes.
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