Understanding the Icc

Helping build
a more just world
Understanding
the International
Criminal Court
PHOTO © ICC-CPI
“The most
serious crimes
of concern to
the international
community as a
whole must not
go unpunished.”
Preamble to the Rome Statute of
the International Criminal Court
Table of Contents
The ICC at a glance
The structure of the ICC
Crimes within the jurisdiction of the ICC
Published by the International Criminal Court

ISBN No. 92-9227-365-5
ICC-PIOS-BK-05-010/23_Eng
Copyright © International Criminal Court 2023 | All rights reserved
This is not an official document. It is intended for public information only.

This booklet is not for sale, reproduction or commercial use.
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How does the ICC operate?
Referrals, analyses and investigations

Arrests
The rights of suspects
Confirmation of charges before trial
The trial
Judgment and sentence
Appeals and revision
Victims’ participation
Witness protection
Further information about the ICC

On 17 July 1998, 120 States adopted a statute in Rome – known as the Rome
Statute of the International Criminal Court (“the Rome Statute”) – establishing the
International Criminal Court. For the first time in the history of humankind,
States decided to accept the jurisdiction of a permanent international criminal
court for the prosecution of the perpetrators of the most serious crimes
committed in their territories or by their nationals after the entry into force of the
Rome Statute on 1 July 2002.
The International Criminal Court is not a substitute for national courts. According
to the Rome Statute, it is the duty of every State to exercise its criminal
jurisdiction over those responsible for international crimes.
The International Criminal Court can only intervene where a State is unable or
unwilling to genuinely carry out the investigation and prosecute the perpetrators.
The primary mission of the International Criminal Court is to help put an end
to impunity for the perpetrators of the most serious crimes of concern to the
international community as a whole, and thus to contribute to the prevention of
such crimes.
A well-informed public can contribute to guaranteeing lasting respect for and the
enforcement of international justice. The purpose of this booklet is to promote a
better understanding of the International Criminal Court by providing answers to
the most frequently asked questions about the Court.
Helping
build a safer
future for
humankind
PHOTO © ICC-CPI
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Understanding the International Criminal Court
I. The ICC at a glance
1. What is the International Criminal Court?

The International Criminal Court (“the ICC” or “the Court”) is a permanent
international court established to investigate, prosecute and try individuals accused
of committing the most serious crimes of concern to the international community
as a whole, namely the crime of genocide, crimes against humanity, war crimes and
the crime of aggression.
2. Why was the ICC established?

Some of the most heinous crimes were committed during the conflicts which
marked the twentieth century. Unfortunately, many of these violations of
international law have remained unpunished. The Nuremberg and Tokyo
tribunals were established in the wake of the Second World War. In 1948, when
the Convention on the Prevention and Punishment of the Crime of Genocide
was adopted, the United Nations General Assembly recognised the need for a
permanent international court to deal with the kinds of atrocities which had just
been perpetrated.
The idea of a system of international criminal justice re-emerged after the end of
the Cold War. However, while negotiations on the ICC Statute were underway at
the United Nations, the world was witnessing the commission of heinous crimes
in the territory of the former Yugoslavia and in Rwanda. In response to these
atrocities, the United Nations Security Council established an ad hoc tribunal for
each of these situations.
These events undoubtedly had a most significant impact on the decision to convene
the conference which established the ICC in Rome in the summer of 1998.
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International Criminal Court
3. What is the Rome Statute?

On 17 July 1998, a conference of 160 States established the first treaty-based
permanent international criminal court. The treaty adopted during that conference
is known as the Rome Statute of the International Criminal Court. Among other
things, it sets out the crimes falling within the jurisdiction of the ICC, the rules of
procedure and the mechanisms for States to cooperate with the ICC. The countries
which have accepted these rules are known as States Parties and are represented in
the Assembly of States Parties.
The Assembly of States Parties, which meets at least once a year, sets the general
policies for the administration of the Court and reviews its activities. During those
meetings, the States Parties review the activities of the working groups established
by the States and any other issues relevant to the ICC, discuss new projects and
adopt the ICC’s annual budget.
4. How many countries have ratified the Rome Statute?

Over 120 countries are States Parties to the Rome Statute, representing all regions:
Africa, the Asia- Pacific, Eastern Europe, Latin America and the Caribbean, as well
as Western Europe and North America.
5. Where is the seat of the Court?

The seat of the Court is in The Hague in the Netherlands. The Rome Statute
provides that the Court may sit elsewhere whenever the judges consider it desirable.
The Court has also set up offices in the areas where it is conducting investigations.
6. How is the Court funded?

The Court is funded by contributions from the States Parties and by voluntary
contributions from governments, international organisations, individuals,
corporations and other entities.
7. How does the ICC differ from other courts?

The ICC is a permanent autonomous court, whereas the ad hoc tribunals for the
former Yugoslavia and Rwanda, as well as other similar courts, were established
within the framework of the United Nations to deal with specific situations, and
only have a limited mandate and jurisdiction. The ICC, which tries individuals,
is also different from the International Court of Justice, which is the principal
judicial organ of the United Nations for the settlement of disputes between States.
The International Court of Justice and the International Residual Mechanism for
Criminal Tribunals also have their seats in The Hague.
8. Is the ICC an office or agency of the United Nations?

No. The ICC is an independent body whose mission is to try individuals for crimes
within its jurisdiction without the need for a special mandate from the United
Nations. On 4 October 2004, the ICC and the United Nations signed an agreement
governing their institutional relationship.
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9. Is the ICC meant to replace national courts?

No. The ICC does not replace national criminal justice systems; rather, it
complements them. It can investigate and, where warranted, prosecute and try
individuals only if the State concerned does not, cannot or is unwilling to do so
genuinely. This might occur where proceedings are unduly delayed or are intended
to shield individuals from their criminal responsibility. This is known as the
principle of complementarity, under which priority is given to national systems.
States retain primary responsibility for trying the perpetrators of the most serious
of crimes.
The ICC can investigate and, where warranted,

prosecute and try individuals only if the State
concerned does not, cannot or is unwilling to do
so genuinely.
10. Under what conditions does the ICC exercise its jurisdiction?
When a State becomes a party to the Rome Statute, it agrees to submit itself to the
jurisdiction of the ICC with respect to the crimes enumerated in the Statute. The
Court may exercise its jurisdiction in situations where the alleged perpetrator
is a national of a State Party or where the crime was committed in the territory
of a State Party. Also, a State not party to the Statute may decide to accept the
jurisdiction of the ICC. These conditions do not apply when the Security Council,
acting under Chapter VII of the United Nations Charter, refers a situation to the
Office of the Prosecutor.
11. Is the ICC’s jurisdiction time bound?

The ICC has jurisdiction only with respect to events which occurred after the entry
into force of its Statute on 1 July 2002. If a State becomes a party to the Statute after
its entry into force, the Court may exercise its jurisdiction only with respect to
crimes committed after the entry into force of the Statute for that State, unless that
State has made a declaration accepting the jurisdiction of the ICC retroactively.
However, the Court cannot exercise jurisdiction with respect to events which
occurred before 1 July 2002. For a new State Party, the Statute enters into force on
the first day of the month after the 60th day following the date of the deposit of its
instrument of ratification, acceptance, approval or accession.
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PHOTO © ICC-CPI
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12. Who can be prosecuted before the ICC?

The ICC prosecutes individuals, not groups or States. Any individual who is
alleged to have committed crimes within the jurisdiction of the ICC may be
brought before the ICC. In fact, the Office of the Prosecutor’s prosecutorial policy
is to focus on those who, having regard to the evidence gathered, bear the greatest
responsibility for the crimes, and does not take into account any official position
that may be held by the alleged perpetrators.
The Prosecutor’s policy is to focus on those who

bear the greatest responsibility for the crimes.
The Office of the Prosecutor does not take into
account any official position that may be held by
the alleged perpetrators.
13. If those who bear the greatest responsibility hold high political or military
office, are they not exempt from prosecution? Can they not be granted
immunity or amnesty?
No one is exempt from prosecution because of his or her current functions or
because of the position he or she held at the time the crimes concerned were
committed.
Acting as a Head of State or Government, minister or parliamentarian does not

exempt anyone from criminal responsibility before the ICC.
In some circumstances, a person in a position of authority may even be held

responsible for crimes committed by those acting under his or her command
or orders.
Likewise, amnesty cannot be used as a defence before the ICC. As such, it cannot
bar the Court from exercising its jurisdiction.
14. If the ICC issues an arrest warrant against a current or former head of
state, is it for political reasons?
No. The ICC is a judicial institution with an exclusively judicial mandate. It is not
subject to political control. As an independent court, its decisions are based on legal
criteria and rendered by impartial judges in accordance with the provisions of its
founding treaty, the Rome Statute, and other legal texts governing the work of
the Court.
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15. Can the ICC try children?

No. The Court has no jurisdiction with respect to any person who was under the
age of 18 when the crimes concerned were committed.
16. There are allegations that the ICC is only targeting African countries.
Is that true?
No. The ICC is concerned with countries that have accepted the Court’s jurisdiction
and these are in all continents.
African countries made great contributions to the establishment of the Court

and influenced the decision to have an independent Office of the Prosecutor. In
1997, the Southern African Development Community (SADC) was very active in
supporting the proposed Court and its declaration on the matter was endorsed in
February 1998, by the participants of the African Conference meeting in Dakar,
Senegal, through the “Declaration on the Establishment of the International
Criminal Court”. At the Rome Conference itself, the most meaningful declarations
about the Court were made by Africans. Without African support the Rome Statute
might never have been adopted. In fact, Africa is the most heavily represented
region in the Court’s membership. The trust and support comes not only from
the governments, but also from civil society organisations. The Court has also
benefited from the professional experience of Africans and a number of Africans
occupy high-level positions in all organs of the Court.
The majority of ICC investigations were opened at the request of or after

consultation with African governments. Other investigations were opened
following a referral by the United Nations Security Council, where African
governments are also represented.
Finally, in addition to its formal investigations, the Court’s Office of the Prosecutor
is conducting preliminary examinations in a number of countries across four
continents.
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United in
our resolve
to end
impunity
PHOTO © ICC-CPI
II. The structure

of the ICC
The ICC is composed of four organs: the Presidency, the

Chambers, the Office of the Prosecutor and the Registry.
Each of these organs has a specific role and mandate.
17. What does the Presidency do?

The Presidency consists of three judges (the President and two Vice-Presidents)
elected by an absolute majority of the 18 judges of the Court for a maximum of two,
three-year terms.
The Presidency is responsible for the administration of the Court, with the
exception of the Office of the Prosecutor. It represents the Court to the outside
world and helps with the organisation of the work of the judges. The Presidency is
also responsible for carrying out other tasks, such as ensuring the enforcement of
sentences imposed by the Court.
18. What do the Chambers do?

The 18 judges, including the three judges of the Presidency, are assigned to the
Court’s three judicial divisions: the Pre-Trial Division (composed of not less than six
judges), the Trial Division (composed of not less than six judges), and the Appeals
Division (composed of five judges). They are assigned to the following Chambers:
the Pre-Trial Chambers (each composed of one or three judges), the Trial Chambers
(each composed of three judges) and the Appeals Chamber (composed of the five
judges of the Appeals Division). The roles and responsibilities of the judges are
outlined below, by category of Pre-Trial, Trial, and Appeals Chambers.
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19. How are the judges elected?

The judges are persons of high moral character, impartiality and integrity who
possess the qualifications required in their respective States for appointment to
the highest judicial offices. All have extensive experience relevant to the Court’s
judicial activity.
The judges are elected by the Assembly of States Parties on the basis of their
established competence in criminal law and procedure and in relevant areas of
international law such as international humanitarian law and the law of human
rights. They have extensive expertise on specific issues, such as violence against
women or children.
The election of the judges takes into account the need for the representation of the
principal legal systems of the world, a fair representation of men and women, and
equitable geographical distribution.
The judges ensure the fairness of proceedings and the proper administration
of justice.
20. What is the role of the Pre-Trial Chambers?

The Pre-Trial Chambers, each of which is composed of either one or three judges,
resolve all issues which arise before the trial phase begins. Their role is essentially
to supervise how the Office of the Prosecutor carries out its investigatory and
prosecutorial activities, to guarantee the rights of suspects, victims and witnesses
during the investigatory phase, and to ensure the integrity of the proceedings.
The Pre-Trial Chambers then decide whether or not to issue warrants of arrest or
summonses to appear at the Office of the Prosecutor’s request and whether or not
to confirm the charges against a person suspected of a crime. They may also decide
on the admissibility of situations and cases and on the participation of victims at
the pre-trial stage.
21. What is the role of the Trial Chambers?

Once an arrest warrant is issued, the alleged perpetrator arrested and the charges
confirmed by a Pre-Trial Chamber, the Presidency constitutes a Trial Chamber
composed of three judges to try the case.
A Trial Chamber’s primary function is to ensure that trials are fair and expeditious
and are conducted with full respect for the rights of the accused and due regard for
the protection of the victims and the witnesses. It also rules on the participation of
victims at the trial stage.
The Trial Chamber determines whether an accused is innocent or guilty of the

charges and, if he or she is found guilty, may impose a sentence of imprisonment
for a specified number of years not exceeding a maximum of thirty years or life
imprisonment. Financial penalties may also be imposed. A Trial Chamber may
thus order a convicted person to make reparations for the harm suffered by the
victims, including compensation, restitution or rehabilitation.
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22. What are the main functions of the Appeals Chamber?

The Appeals Chamber is composed of the President of the Court and four other
judges. All parties to the trial may appeal or seek leave to appeal decisions of
the Pre-Trial and Trial Chambers. The Appeals Chamber may uphold, reverse or
amend the decision appealed from, including judgments and sentencing decisions,
and may even order a new trial before a different Trial Chamber.
It may also revise a final judgment of conviction or sentence.
23. What does the Office of the Prosecutor do?

The Office of the Prosecutor is an independent organ of the Court. Its mandate
is to receive and analyse information on situations or alleged crimes within the
jurisdiction of the ICC, to analyse situations referred to it in order to determine
whether there is a reasonable basis to initiate an investigation into a crime of
genocide, crimes against humanity, war crimes or the crime of aggression, and to
bring the perpetrators of these crimes before the Court. The Office of the Prosecutor
is headed by the Prosecutor, who is assisted by Deputy Prosecutors, elected by the
Assembly of States Parties.
The Office is divided into two prosecution pillars and an integrated services
division. Under the delegated authority of the Prosecutor, two Deputy Prosecutors
manage the two prosecution pillars, which govern an equal division of Situations
and cases based on a unified team concept.
The Deputy Prosecutors oversee preliminary examinations, investigations,

prosecutions, and, where applicable, appeals proceedings; and provide strategic
advice and guidance to the Prosecutor on each Situation and case under their
responsibility. The integrated services division centralises the support functions
that provide cross-cutting support to the Office.
24. What does the Registry do?

The Registry helps the Court to conduct fair, impartial and public trials. The core
function of the Registry is to provide administrative and operational support to the
Chambers and the Office of the Prosecutor. It also supports the Registrar’s activities
in relation to defence, victims, communication and security matters. It ensures that
the Court is properly serviced and develops effective mechanisms for assisting
victims, witnesses and the defence in order to safeguard their rights under the
Rome Statute and the Rules of Procedure and Evidence. As the Court’s official
channel of communication, the Registry also has primary responsibility for the
ICC’s public information and outreach activities.
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The
crimes
gravest
PHOTO © MARCUS BLEASDALE
III. Crimes within

the jurisdiction
of the ICC
25. Which crimes fall within the jurisdiction of the ICC?

The mandate of the Court is to try individuals (rather than States), and to hold such
persons accountable for the most serious crimes of concern to the international
community as a whole, namely the crime of genocide, war crimes, crimes against
humanity, and the crime of aggression.
26. What is genocide?

According to the Rome Statute, “genocide” means any of the following acts
committed with the intent to destroy, in whole or in part, a national, ethnical, racial
or religious group:
▪ killing members of the group;

▪ causing serious bodily or mental harm to members of the group;
▪ deliberately inflicting on the group conditions of life calculated to bring about
its physical destruction in whole or in part;
▪ imposing measures intended to prevent births within the group;
▪ forcibly transferring children of the group to another group.
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27. What are crimes against humanity?

“Crimes against humanity” include any of the following acts committed as part of
a widespread or systematic attack directed against any civilian population, with
knowledge of the attack:
▪ murder;
▪ extermination;
▪ enslavement;
▪ deportation or forcible transfer of population;
▪ imprisonment;
▪ torture;
▪ rape, sexual slavery, enforced prostitution, forced pregnancy, enforced
sterilization, or any other form of sexual violence of comparable gravity;
▪ persecution against an identifiable group on political, racial, national, ethnic,
cultural, religious or gender grounds;
▪ enforced disappearance of persons;
▪ the crime of apartheid;
▪ other inhumane acts of a similar character intentionally causing great suffering
or serious bodily or mental injury.
28. What are war crimes?

“War crimes” include grave breaches of the Geneva Conventions and other serious
violations of the laws and customs applicable in international armed conflict and in
conflicts “not of an international character” listed in the Rome Statute, when they
are committed as part of a plan or policy or on a large scale. These prohibited acts
include:
▪ murder;
▪ mutilation, cruel treatment and torture;
▪ taking of hostages;
▪ intentionally directing attacks against the civilian population;
▪ intentionally directing attacks against buildings dedicated to religion,
education, art, science or charitable purposes, historical monuments or hospitals;
▪ pillaging;
▪ rape, sexual slavery, forced pregnancy or any other form of sexual violence;
▪ conscripting or enlisting children under the age of 15 years into armed forces or
groups or using them to participate actively in hostilities.
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PHOTO © MINUSMA/MARCO DORMINO
29. What is a crime of aggression?

As adopted by the Assembly of States Parties during the Review Conference of
the Rome Statute, held in Kampala (Uganda) between 31 May and 11 June 2010, a
“crime of aggression” means the planning, preparation, initiation or execution of
an act of using armed force by a State against the sovereignty, territorial integrity
or political independence of another State.
The act of aggression includes, among other things, invasion, military occupation,
and annexation by the use of force, blockade of the ports or coasts, if it is considered
being, by its character, gravity and scale, a manifest violation of the Charter of the
United Nations.
The perpetrator of the act of aggression is a person who is in a position effectively

to exercise control over or to direct the political or military action of a State.
30. When did the Court’s jurisdiction over the crime of aggression begin?
On 15 December 2017, the Assembly of States Parties adopted by consensus a
resolution activating the jurisdiction of the Court over the crime of aggression as of
17 July 2018.
31. Under which conditions would the Court be able to exercise its jurisdiction
over the crime of aggression?
The Court may exercise jurisdiction in a situation where genocide, crimes against
humanity or war crimes were committed on or after 1 July 2002 and:
▪ the crimes were committed by a State Party national, or in the territory of a State
Party, or in a State that has accepted the jurisdiction of the Court; or
▪ the crimes were referred to the ICC Prosecutor by the United Nations Security
Council (UNSC) pursuant to a resolution adopted under chapter VII of the UN
Charter.
As of 17 July 2018, a situation in which an act of aggression would appear to have

occurred could be referred to the Court by the Security Council, acting under
Chapter VII of the United Nations Charter, irrespective as to whether it involves
States Parties or non-States Parties.
In the absence of a UNSC referral of an act of aggression, the Prosecutor may

initiate an investigation on her own initiative or upon request from a State Party.
The Prosecutor shall first ascertain whether the Security Council has made a
determination of an act of aggression committed by the State concerned. Where no
such determination has been made within six months after the date of notification
to the UNSC by the Prosecutor of the situation, the Prosecutor may nonetheless
proceed with the investigation, provided that the Pre-Trial Division has authorized
the commencement of the investigation. Also, under these circumstances, the Court
shall not exercise its jurisdiction regarding a crime of aggression when committed
by a national or on the territory of a State Party that has not ratified or accepted
these amendments.
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32. How would an investigation into a crime of aggression be opened?

If the United Nations Security Council determines that an act of aggression has
been committed, the ICC Prosecutor can decide to open an investigation, under
the conditions mentioned above.
Otherwise, the Prosecution may examine the situation and, based on its
assessment, may notify the United Nations Secretary General of the situation.
If, within six months of being notified by the Prosecution, the United Nations
Security Council does not make a determination on whether or not an act
of aggression has been committed, the Prosecutor may still proceed with an
investigation into a crime of aggression, subject to authorisation by the
ICC’s Pre-Trial Division.
Trying individuals for genocide, war crimes,

crimes against humanity and aggression.
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PHOTO © UN PHOTO/ALBERT GONZÁLEZ FARRAN
Ensuring
fair
trials
PHOTO © ICC-CPI
IV. How the ICC

operates
A. REFERRALS, ANALYSES AND INVESTIGATIONS
33. How do cases come before the Court?

Any State Party to the Rome Statute can request the Office of the Prosecutor to
carry out an investigation. A State not party to the Statute can also accept the
jurisdiction of the ICC with respect to crimes committed in its territory or by one of
its nationals, and request the Office of the Prosecutor to carry out an investigation.
The United Nations Security Council may also refer a situation to the Court.
34. Can the Prosecutor decide on his own initiative to open an investigation?
Yes, if the Office of the Prosecutor receives reliable information about crimes
involving nationals of a State Party or of a State which has accepted the jurisdiction
of the ICC, or about crimes committed in the territory of such a State, and concludes
that there is a reasonable basis to proceed with an investigation. Such information
can be provided by individuals, intergovernmental or non-governmental
organisations, or any other reliable sources. The Prosecution must, however, obtain
permission from the Pre-Trial Chamber judges before initiating an investigation
under such circumstances.
35. What happens when a situation is referred to the ICC for investigation?
The Prosecutor determines whether, in his or her opinion, the Court has jurisdiction
with respect to the alleged crimes. Following a thorough analysis of the available
information, the Prosecution decides whether there is a reasonable basis to proceed
with an investigation. Thus, it must establish whether the crime of genocide, crimes
against humanity or war crimes may have been committed and, if so, whether they
were committed after 1 July 2002. The Prosecution must also ascertain whether any
national authorities are conducting a genuine investigation or trial of the alleged
perpetrators of the crimes. Lastly, it must notify the States Parties and other States
which may have jurisdiction of its intention to initiate an investigation.
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36. How is an investigation conducted?

The Office of the Prosecutor collects the necessary evidence from a variety of
reliable sources, independently, impartially, and objectively. The investigation can
take as long as needed to gather the required evidence. If sufficient evidence would
be collected to establish that specific individuals bear criminal responsibility,
the Prosecutor would then request Judges of a Pre-Trial Chamber to issue either
summonses to appear or warrants of arrest. The responsibility to enforce warrants
of arrest issued by an ICC Chamber remains with States. States Parties to the Rome
Statute have a legal obligation to cooperate fully with the ICC. Other States may be
invited to cooperate with the ICC and may decide to do so on a voluntary basis.
37. Will the ICC prosecute all persons suspected of committing the most
serious crimes?
No. The Court will not be able to bring to justice every person suspected of
committing crimes of concern to the international community. The prosecutorial
policy of the Office of the Prosecutor is to focus its investigations and prosecutions
on those who, having regard to the evidence gathered, bear the greatest
responsibility for such crimes.
38. Can other courts try the perpetrators that the ICC does not prosecute?
Under the principle of complementarity, national judicial systems retain their
responsibility for trying perpetrators of crimes.
The Office of the Prosecutor collects the necessary

evidence from a variety of reliable sources,
independently, impartially, and objectively.
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PHOTO © UN PHOTO/CATIANNE TIJERINA
PHOTO © SKYLIGHT PICTURES
B. ARRESTS
39. Who has the power to issue a warrant of arrest or a summons to appear?
After the initiation of an investigation, only a Pre-Trial Chamber may, at the request
of the Prosecution, issue a warrant of arrest or summons to appear if there are
reasonable grounds to believe that the person concerned has committed a crime
within the ICC’s jurisdiction.
40. What information do the judges need from the Prosecution before they can
issue a warrant of arrest or a summons to appear?
When the Prosecution requests the issuance of a warrant of arrest or summons to
appear, it must provide the judges with the following information:
▪ the name of the person;
▪ a description of the crimes the person is believed to have committed;
▪ a concise summary of the facts (the acts alleged to be crimes);
▪ a summary of the evidence against the person;
▪ the reasons why the Prosecution believes that it is necessary to arrest the person.
41. What reasons may justify the issuing of a warrant of arrest?

The judges will issue a warrant of arrest if it appears necessary to ensure that the
person will actually appear at trial, that he or she will not obstruct or endanger the
investigation or the Court’s proceedings, or to prevent the person from continuing
to commit crimes.
42. What happens after a warrant of arrest is issued?

The Registrar transmits requests for cooperation seeking the arrest and surrender
of the suspect to the relevant State or to other States, depending on the decision of
the judges in each case.
Once the person is arrested and the Court is so informed, the Court ensures that
the person receives a copy of the warrant of arrest in a language which he or she
fully understands and speaks.
43. Does the ICC have the power to arrest suspects?

The Court does not have its own police force. Accordingly, it relies on State
cooperation, which is essential to the arrest and surrender of suspects.
According to the Rome Statute, States Parties shall cooperate fully with the Court
in its investigation and prosecution of crimes within the jurisdiction of the Court.
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44. Who has to execute the warrants of arrest?

The responsibility to enforce warrants of arrest in all cases remains with States.
In establishing the ICC, the States set up a system based on two pillars. The Court
itself is the judicial pillar. The operational pillar belongs to States, including the
enforcement of Court orders.
States Parties to the Rome Statute have a legal obligation to cooperate fully
with the ICC. When a State Party fails to comply with a request to cooperate, the
Court may make a finding to that effect and refer the matter for further action to
the Assembly of States Parties.
When the Court’s jurisdiction is triggered by the Security Council, the duty to
cooperate extends to all UN Member States, regardless of whether or not they are a
Party to the Statute. The crimes within the jurisdiction of the Court are the gravest
crimes known to humanity and as provided for by article 29 of the Statute they
shall not be subject to any statute of limitations. Warrants of arrest are lifetime
orders and therefore individuals still at large will sooner or later face the Court.
45. What happens after a person is arrested?

An arrested person is brought promptly before the competent judicial authority
in the custodial State, which determines whether the warrant is indeed for the
arrested person, whether the person was arrested consistently with due process
and whether the person’s rights have been respected. Once an order for surrender is
issued, the person is delivered to the Court, and held at the Detention Centre in
The Hague, The Netherlands.
The Court does not have its own police force. It

relies on States to arrest and surrender suspects.
The Court is the judicial pillar of the Rome Statute
system. The operational pillar belongs to States,
including the enforcement of Court orders.
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46. What are the conditions of detention at the Detention Centre in The Hague?
The ICC Detention Centre operates in conformity with the highest international
human rights standards for the treatment of detainees, such as the United Nations
Standard Minimum Rules. An independent inspecting authority conducts regular
and unannounced inspections of the centre in order to examine how detainees are
being held and treated.
At the ICC Detention Centre, the daily schedule affords the detainees the
opportunity to take walks in the courtyard, exercise, receive medical care, take
part in manual activities and have access to the facilities at their disposal for the
preparation of their defence. Additionally, the centre has multimedia facilities and
offers a series of training, leisure and sports programmes. ICC detainees also have
access to computers, TV, books and magazines. Those who are indigent have the
right to call their Defence Counsel free of charge during official working hours.
Each 10 m2 cell is designed to hold one person only. A standard cell contains a bed,
desk, shelving, a cupboard, toilet, hand basin, TV and an intercom system to contact
the guards when the cell is locked.
The Court provides three meals per day, but the detainees also have access to
a communal kitchen if they wish to cook. A shopping list is also available to
detainees so that they can procure additional items, to the extent possible.
All detainees may be visited by their families several times a year and, in the case
of detainees declared indigent, at the Court’s expense, to the extent possible.
Persons convicted of crimes under the jurisdiction of the ICC do not serve their
sentence at the ICC Detention Centre in The Hague as the facility is not designed
for long-term imprisonment. Convicted persons are therefore transferred to a
prison outside The Netherlands, in a State designated by the Court from a list of
States which have indicated their willingness to allow convicted persons to serve
their sentence there.
37
PHOTO © FRANK SCHINSKI
C. THE RIGHTS OF SUSPECTS
47. Are detainees deemed to have been convicted by virtue of their transfer to
the Court?
No. Everyone is presumed innocent unless and until proven guilty before the
Court. The Prosecution must prove the guilt of the suspect and a Trial Chamber
will convict someone only if it is satisfied that the charges have been proven
beyond reasonable doubt.
48. What rights do suspects have?

Suspects are presumed innocent. They are present in the courtroom during the
trial, and they have a right to a public, fair and impartial hearing of their case.
To this end, a series of guarantees are set out in the Court’s legal documents,
including the following rights, to mention but a few:
▪ to be defended by the counsel (lawyer) of their choice, present evidence and
witnesses of their own and to use a language they fully understand and speak;
▪ to be informed in detail of the charges in a language which they fully
understand and speak;
▪ to have adequate time and facilities for the preparation of the defence and to
communicate freely and in confidence with counsel;
▪ to be tried without undue delay;
▪ not to be compelled to testify or to confess guilt and to remain silent, without
such silence being a consideration in the determination of guilt or innocence;
▪ to have the Prosecution disclose to the defence evidence in its possession or
control which it believes shows or tends to show the innocence of the accused,
or to mitigate the guilt of the accused, or which may affect the credibility of the
Prosecution’s evidence.
49. What happens if a suspect does not have the means to pay for legal
assistance?
Suspects have the right to legal assistance in any case where the interests of
justice so require and, if the suspect does not have the means to pay for it, to legal
assistance assigned by the Court.
50. Can detainees obtain interim release pending trial?

All detainees are entitled to apply for interim release pending trial. In the event of
rejection, the decision is periodically reviewed by the competent chamber, at least
every 120 days, and may be reviewed at any time at the request of the detained
person or the Prosecution.
51. What is the role of the Office of Public Counsel for the Defence (OPCD)?
The OPCD promotes, represents and researches the rights of the defence, raises the
profile of substantive defence issues, and endeavours to achieve equality of arms
for the defence at all stages of an investigation and trial.
The Office is independent in terms of its substantive functions, but falls within the
remit of the Registry solely for administrative purposes.
39
D. CONFIRMATION OF CHARGES BEFORE TRIAL
52. Do suspects appear before the Court as soon as they arrive in The Hague?
Yes. The suspect’s first appearance before the Court takes place shortly after his
or her arrival in The Hague. During the first appearance, the Pre-Trial Chamber
confirms the identity of the suspect, ensures that the suspect understands the
charges, confirms the language in which the proceedings should be conducted, and
sets a date to begin the confirmation of charges hearing.
At the confirmation of charges hearing – which is not a trial, but a pre-trial

hearing – the Prosecution must present sufficient evidence for the case to go to
trial. The suspect’s defence may object to the charges, challenge the Prosecution’s
evidence and also present evidence.
The confirmation of charges hearing is held in the presence of the Prosecution, the
person being prosecuted, and his or her counsel, as well as the representative of the
victims. As provided by article 61 of the Statute, the suspect can waive his or her
right to be present at this hearing.
53. What decisions can a Pre-Trial Chamber issue following a confirmation of

charges hearing?
Following a confirmation of charges hearing, a Pre-Trial Chamber may:
▪ decline to confirm the charges; such a decision does not prevent the Prosecution
from presenting a subsequent request for confirmation of the charges on the
basis of additional evidence;
▪ adjourn the hearing and request the Prosecution to consider providing further
evidence or conducting further investigation, or amending the charges because
the available evidence shows that a different crime was committed;
▪ confirm the charges and commit the case for trial; upon confirmation, the
Presidency of the Court constitutes a Trial Chamber responsible for the
subsequent phase of the proceedings: the trial.
54. Does the confirmation of charges prejudge the suspect’s guilt?

No. The purpose of the confirmation hearing is to safeguard the rights of suspects
by preventing proceedings with insufficient legal basis from being brought against
them. In the pre-trial phase, the Prosecution must support each of the charges
with sufficient evidence to establish substantial grounds to believe that the person
committed the crimes charged. If one or more charges are confirmed, the case is
committed to trial before a Trial Chamber.
55. What happens after the confirmation of charges?

After the confirmation of charges, the Pre-Trial Chamber commits the case for
trial before a Trial Chamber, which will conduct the subsequent phase of the
proceedings: the trial.
Before the commencement of the trial, the judges of the Trial Chamber consider
procedural issues that may be submitted to them by the parties and hold hearings
to prepare for trial and to resolve procedural matters in order to facilitate the fair
and expeditious conduct of the proceedings.
40
PHOTO © ICC-CPI
41
E. THE TRIAL
56. Where does the trial take place?

Trials takes place at the seat of the Court in The Hague, unless the judges decide to
hold the trial elsewhere. This issue has been raised in several cases. The accused
must be present at his or her trial, which is held in public, unless the Chamber
determines that certain proceedings be conducted in closed session in order to
protect the safety of victims and witnesses or the confidentiality of sensitive
evidentiary material.
57. What happens at the commencement of the trial?

At the commencement of the trial, the charges against the accused are read out
to him or her and the Chamber asks whether he or she understands them. The
Chamber then asks the accused to make an admission of guilt or to plead
not guilty.
58. What happens if the accused makes an admission of guilt?

First, the Trial Chamber ensures that the accused understands the nature and
consequences of the admission of guilt, that the admission is voluntarily made
by the accused after sufficient consultation with his or her lawyer and that the
admission of guilt is supported by the facts of the case that are contained in the
evidence and charges brought by the Prosecution and admitted by the accused.
Where the Trial Chamber is satisfied that these conditions have been met, it may
convict the accused of the crime charged. If it is not satisfied that the conditions
have been met, the Chamber shall consider the admission of guilt as not having
been made, in which case it shall order that the trial be continued.
59. How is the trial conducted?

At trial, the Prosecution and Counsel for the Defence have the opportunity to
present their case. The Prosecution must present evidence to the Court to prove
that the accused person is guilty beyond all reasonable doubt. This evidence may
be in the form of documents, other tangible objects, or witness statements. The
Prosecution must also disclose to the accused any evidence which may show that
he or she is innocent.
The Prosecution presents its case first and calls witnesses to testify. When the
Prosecution has finished examining each witness, the Counsel for the Defence is
given the opportunity to also examine the witness.
Once the Prosecution has presented all its evidence, it is the turn of the accused,
with the assistance of his or her counsel, to present his or her defence.
42
60. Who can present evidence?

All parties to the trial may present evidence relevant to the case. Everyone
is presumed innocent unless and until proven guilty according to law. The
Prosecution has the burden of proving that the accused is guilty beyond all
reasonable doubt. The accused has the right to examine the Prosecution’s witnesses,
and to call and examine witnesses on his or her own behalf under the same
conditions as the Prosecution’s witnesses.
When the personal interests of victims are affected, the Court allows their
views and concerns to be presented and considered at stages of the proceedings
determined to be appropriate by the Court and in a manner which is not prejudicial
to or inconsistent with the rights of the accused and a fair and impartial trial. Their
views and concerns may be presented by their legal representatives.
In a judgment rendered on 11 July 2008, the Appeals Chamber granted victims

the right to lead evidence pertaining to the guilt or innocence of the accused and
to challenge the admissibility or relevance of evidence, although this right lies
primarily with the parties, namely the Prosecution and the Defence. This right is
subject to stringent conditions, namely proving that the victims have a personal
interest in doing so, and to the request’s consistency with the rights of the defence
and the requirements of a fair trial. Victims must also comply with disclosure
obligations, notify the request to the parties, and comply with the Court’s orders on
the protection of certain persons. Lastly, the appropriateness of the victims’ request
is subject to the judges’ assessment.
Everyone is presumed innocent unless and

until proven guilty before the Court. A Trial
Chamber will convict someone only if the
charges have been proven beyond reasonable
doubt.
43
44
PHOTO © ICC-CPI
45
F. JUDGMENT AND SENTENCE
Once the parties have presented their evidence, the Prosecution and the Defence
are invited to make their closing statements. The Defence always has the
opportunity to speak last. The judges may order reparations to victims, including
restitution, compensation and rehabilitation. To this end, they may make an order
directly against a convicted person.
61. When is the sentence pronounced by the Court?

After hearing the victims and the witnesses called to testify by the Prosecution and
the Defence and considering the evidence, the judges decide whether the accused
person is guilty or not guilty.
The sentence is pronounced in public and, wherever possible, in the presence of

the accused, and victims or their legal representatives, if they have taken part in
the proceedings.
62. What penalties may be imposed by the Court?

The judges may impose a prison sentence, to which may be added a fine or
forfeiture of the proceeds, property and assets derived directly or indirectly from
the crime committed. The Court cannot impose a death sentence. The maximum
sentence is 30 years. However, in extreme cases, the Court may impose a term
of life imprisonment.
63. Where are the sentences served?

Convicted persons serve their prison sentences in a State designated by the Court
from a list of States which have indicated to the Court their willingness to accept
convicted persons.
The conditions of imprisonment are governed by the laws of the State of

enforcement and must be consistent with widely accepted international treaty
standards governing the treatment of prisoners. Such conditions may not be more
or less favourable than those available to prisoners convicted of similar offences in
the State of enforcement.
46
G. APPEALS AND REVISION
64. When may a decision be appealed?

Any party may appeal the decisions of a Pre-Trial or Trial Chamber. The
Prosecution may appeal against a conviction or acquittal on any of the following
grounds: procedural error, error of fact or error of law.
The convicted person or the Prosecution may also appeal on any other ground that
affects the fairness or reliability of the proceedings or the decision, in particular on
the ground of disproportion between the sentence and the crime.
The legal representatives of the victims, the convicted person, or a bona fide owner
of property adversely affected by an order for reparations to the victims may also
appeal against such an order.
The Appeals Chamber may reverse or amend the decision or conviction or order a
new trial before a different Trial Chamber.
65. Does the convicted person remain in custody pending an appeal?

Unless otherwise ordered by the Trial Chamber, a convicted person remains in
custody pending an appeal. However, in general, when a convicted person’s time
in custody exceeds the sentence of imprisonment imposed, the person is released.
In addition, in the case of an acquittal, the accused is released immediately unless
there are exceptional circumstances.
66. When can a decision be revised?

The convicted person or the Prosecution may apply to the Appeals Chamber to
revise a final judgment of conviction or sentence where:
▪ new and important evidence has been discovered;
▪ it has been newly discovered that decisive evidence, taken into account at trial
and upon which the conviction depends, was false, forged or falsified;
▪ one or more of the judges has committed an act of serious misconduct or serious
breach of duty of sufficient gravity to justify the removal of that judge or those
judges from office under the Rome Statute.
67. What happens if someone has been the victim of unlawful arrest or
detention?
Anyone who has been the victim of unlawful arrest or detention has an enforceable
right to compensation. The Court can award compensation if a grave and manifest
miscarriage of justice is conclusively shown.
47
48
PHOTO © ICC-CPI
49
Providing
justice to
victims
PHOTO © FRANK SCHINSKI
V. Victims’
participation
68. What is the difference between a victim and a witness?

A victim is a person who has suffered harm as a result of the commission of a crime
within the ICC’s jurisdiction. The Rome Statute ensures that a number of rights
are accorded to victims, as outlined in detail below, the most groundbreaking of
which is the right to participate in proceedings independently of the Prosecution
or Defence. Victims have the right to have their own legal representative in the
Courtroom presenting their concerns and personal interests to the Court.
A witness is a person who testifies before the Court, giving a statement as evidence,
often called by either the Prosecution or Defence.
69. Who is considered a “victim” before the ICC?

Victims are individuals who have suffered harm as a result of the commission
of any crime within the jurisdiction of the ICC. Victims may also include
organisations or institutions that have sustained harm to any of their property
which is dedicated to religion, education, art, science or charitable purposes.
The judges of the ICC determine the types of harm to be taken into account, such as
bodily harm, psychological harm, that is, where a person’s mind has been affected
by what he or she has experienced or witnessed, or material harm, which consists
of loss of or damage to goods or property.
51
70. What are the rights of victims before the ICC?

Victims before the ICC have rights that have never before been granted before an
international criminal court. Victims may be involved in the proceedings before
the ICC in various ways:
▪ victims can send information to the Office of the Prosecutor and ask the Office
to initiate an investigation;
▪ victims are also entitled to participate in proceedings through a legal
representative; during proceedings, victims may participate by presenting their
views and concerns to the judges; such participation is voluntary and enables
victims to express an opinion independently of the Prosecution or the Defence
and offers them the opportunity to present their own concerns and interests;
▪ victims participating in proceedings may also, in some circumstances, lead
evidence pertaining to the guilt or innocence of the accused; they may also
challenge the admissibility or the relevance of evidence presented by the parties;
▪ at a trial, a victim may voluntarily testify before the Court, if called as a
witness for the Defence or the Prosecution or other victims participating in the
proceedings;
▪ lastly, victims can seek reparation for the harm that they have suffered.
71. How can victims participate in the proceedings?

If the Court considers it appropriate, victims may present their point of view
directly to the judges at various stages in the proceedings. Such participation is
generally through a legal representative (that is, a lawyer) who presents their views
and concerns to the Court, since criminal proceedings are quite complex.
To make it easy for victims to participate, they are required to fill out an
application for participation form. Victims may obtain a copy of the application
for participation forms from the Court’s website or from the Victims Participation
and Reparations Section in The Hague. The forms must be returned to the Victims
Participation and Reparations Section in The Hague by fax, email or post, using the
information provided in the box on the right.
Victims who wish to be assisted in filling out the form and sending it to the Court
may contact that same section.
72. Can all victims in a situation participate in the proceedings?

The judges review applications on a case-by-case basis and decide whether or not
the applicant is entitled to participate in proceedings before the ICC and at what
stages.
73. Do victims have to travel to the seat of the Court in The Hague?
Generally, victims do not have to travel to the seat of the Court if they do not wish
to do so. Their legal representatives present their views and concerns to the Court.
52
74. How can victims find a legal representative?

Victims may freely choose their legal representative as long as the representative
has the necessary qualifications: he or she must possess ten years’ experience as
judge, prosecutor or lawyer in criminal proceedings and fluency in at least one of
the working languages of the Court (English or French). The ICC Registry helps
victims to find a legal representative by providing a list of qualified lawyers. At
the Court, there is also an Office of Public Counsel for Victims (OPCV) which
can represent victims and provide them and their legal representative with legal
assistance.
If there are a large number of victims, the judges may ask them to choose one or
more common legal representatives. This is called common legal representation,
and its purpose is to ensure the effectiveness of the proceedings.
75. What happens if the victims cannot afford a legal representative?

Although the Court has limited resources for legal assistance, it may be able to
provide some financial assistance. The Office of Public Counsel for Victims can also
provide legal assistance to victims without charge.
Victims Participation
and Reparations Section
P.O. Box 19519
2500 CM, The Hague, The Netherlands
Fax: +31 (0) 70 515 9100
Email: VPRS.Information@icc-cpi.int
53
76. What is the role of the Office of Public Counsel for Victims?
The Office of Public Counsel for Victims (OPCV) provides legal support and
assistance to victims and their legal representatives at all stages of the proceedings,
thus ensuring their effective participation and the protection of their rights.
The OPCV falls within the remit of the Registry solely for administrative purposes,
but operates as a wholly independent office.
77. Does the Court protect victims participating in proceedings?

The Victims and Witnesses Section within the Registry may advise the Court on
appropriate protective measures and security arrangements for victims who appear
before the Court and others who are at risk on account of testimony given by
witnesses. The Section implements the necessary protective and security measures
and arrangements for the above-mentioned persons.
In the course of their field work, all of the Court’s organs must adhere to good
practices in order to ensure their security and that of individuals who interact
with them. Protective measures may, for example, include anonymity for victims
participating in proceedings, the use of pseudonyms, the redaction of documents or
the prohibition of disclosure thereof and the use of audiovisual techniques which
can disguise the identity of persons appearing before the Court.
78. What decisions may the judges take concerning reparations for victims at
the end of a trial?
At the end of a trial, the Trial Chamber may order a convicted person to pay
compensation to the victims of the crimes of which the person was found guilty.
Reparations may include monetary compensation, return of property, rehabilitation
or symbolic measures such as apologies or memorials.
The Court may award reparations on an individual or collective basis, whichever

is, in its opinion, the most appropriate for the victims in the particular case.
An advantage of collective reparations is that they provide relief to an entire
community and help its members to rebuild their lives, such as the building of
victim services centres or the taking of symbolic measures. Furthermore, States
Parties to the Rome Statute have established a Trust Fund for Victims of crimes
within the jurisdiction of the ICC and for their families in order to raise the
funds necessary to comply with an order for reparations made by the Court if the
convicted person does not have sufficient resources to do so.
54
79. What is the role of the Trust Fund for Victims?

The Rome Statute created two independent institutions: the International Criminal
Court and the Trust Fund for Victims.
While it is impossible to fully undo the harm caused by genocide, war crimes,
crimes against humanity and the crime of aggression, it is possible to help
survivors, in particular, the most vulnerable among them, rebuild their lives and
regain their dignity and status as fully-functioning members of their societies.
The Trust Fund for Victims advocates for victims and mobilises individuals,
institutions with resources, and the goodwill of those in power for the benefit of
victims and their communities. It funds or sets up innovative projects to meet
victims’ physical, material, or psychological needs. It may also directly undertake
activities as and when requested by the Court.
The Trust Fund for Victims can act for the benefit of victims of crimes, regardless of
whether there is a conviction by the ICC. It cooperates with the Court to avoid any
interference with ongoing legal proceedings.
80. Do victims have to first participate in the proceedings before they are
entitled to reparations?
No. A victim who has not participated in the proceedings may make an application
for reparations. The two applications are independent of each other. The Court may
even decide on its own to make an award for reparations.
Reparations may include monetary compensation,

return of property, rehabilitation or symbolic
measures such as apologies or memorials.
55
56
PHOTO © TRUST FUND FOR VICTIMS
57
Protecting
witnesses
PHOTO © ICC-CPI
VI. Witness
protection
81. Who can be a witness?

The Office of the Prosecutor, the Defence or victims participating in the
proceedings can ask experts, victims or any other person who has witnessed
crimes to testify as a witness before the Court.
82. What criteria does the Office of the Prosecutor use to select witnesses?
The Office of the Prosecutor selects witnesses based on the relevance of their
testimony, their reliability and their credibility.
83. Are witnesses compelled to testify?

No. The Court does not compel a witness to appear before it to testify without his
or her consent.
84. How does the Court know that witnesses are not lying?
Various measures have been put in place to prevent false testimony. Before
testifying, each witness makes an undertaking to tell the truth. The judges have the
authority to freely assess all evidence submitted in order to determine its relevance
or admissibility.
If a witness gives false testimony, the Court may sanction him or her by a term of
imprisonment not exceeding five years and/or by imposing a fine.
59
85. How are witnesses who appear before the Court assisted?
Witnesses who appear before the Court are provided with information and
guidance. For this purpose, the Victims and Witnesses Section’s (VWS’s) support
team offers services including the provision of psychosocial support, crisis
intervention, and access to medical care when needed.
The VWS also prepares all witnesses testifying before the Court by a process called
“familiarisation”. This is a process where the courtroom and trial procedure is
shown to the witnesses in advance of their testimony. Many witnesses will have
never been in a courtroom before and may find it daunting. This could impact on
their well-being, as well as their testimony, and the familiarisation process aims to
avoid this. Familiarisation does not have an impact on the content of the testimony,
as the evidence is not discussed at all during this process.
PHOTO © ICC-CPI
86. What are the protective measures available to witnesses testifying before
the Court?
The Court has a number of protective measures that can be granted to witnesses
who appear before the Court and other persons at risk on account of testimony
given by a witness. The foundation of the Court’s protection system is good
practices which are aimed at concealing a witness’ interaction with the Court from
their community and from the general public. These are employed by all people
coming into contact with witnesses.
Operational protective measures can be implemented where witnesses reside; for

example the Initial Response System is a 24/7 emergency response system that
enables the Court, where feasible, to extract witnesses to a safe location should
they be targeted or in fear of being targeted. Other operational protective measures
include educating witnesses on the importance of confidentiality and cover stories
or agreeing on an emergency backup plan.
The Court can also apply procedural protective measures. Such measures may
consist of face/voice distortion or the use of a pseudonym. Separate special
measures can be ordered by the Court for traumatised witnesses, a child, an elderly
person or a victim of sexual violence. These can include facilitating the testimony
of witnesses by allowing a psychologist or family member to be present while the
witness gives testimony or the use of a curtain to shield the witness from direct eye
contact with the accused.
A last resort protective measure is entry into the Court’s Protection Programme
(ICCPP) through which the witness and his or her close relatives are relocated away
from the source of the threat. This is an effective method of protection, but due to
the immense burden on the relocated persons, relocation remains a measure of last
resort and absolute necessity.
Protective measures do not affect the fairness of a trial. They are used to make
witnesses safe and comfortable. They apply for both referring parties, the
Prosecution and the Defence equally. All parties are bound by confidentiality and
respect to protective measure, yet even when protective measures are applied, a
witness can still be questioned.
61
Get
involved
PHOTO © ICC-CPI
Further information
about the ICC
87. Where can I find further information about the ICC?

For more about the ICC’s work, visit: www.icc-cpi.int. The site contains legal texts,
Court rulings and documents, the hearing schedule, information about situations
and cases before the ICC as well as the organs of the Court, press releases and
information for media representatives, employment opportunities, the ICC
Internship and Visiting Professionals Programme, and other information about
the Court, including links to live web streaming of ICC proceedings and the ICC’s
social media channels.
Follow the International Criminal Court on YouTube, Twitter, Facebook, Instagram

and Flickr.
88. In what languages is the information available?

In general, the information provided on the ICC’s website is available in English
and French, which are the working languages of the Court. When relevant to
the situation, documents are also available in other languages. Some essential
documents on the website are available in Arabic, Chinese, Russian and Spanish
which, together with English and French, are the official languages of the Court.
63
64
PHOTO © ICC-CPI
ICC-CPI
89. How can I visit the ICC for a briefing or attend a hearing?
The International Criminal Court welcomes to its seat in The Hague anyone who is
interested in its structure, its operations and the nature of its work.
To attend a briefing about the Court:

Individuals and groups wishing to attend a briefing about the Court are requested
to fill out the appropriate application form, which is available on the Court’s
website at www.icc-cpi.int. Applications should be sent by email to
visits@icc-cpi.int at least two months in advance for groups and one month in
advance for individual visits.
To attend a hearing:
ICC hearings are generally open to the public, unless the Chamber orders a closed
session. Interested persons are invited to go to the entrance of the Court (there is
no need to fill out a form beforehand). Any person entering the Court building will
have to undergo security checks and present valid identification (passport, identity
card or driver’s licence).
In addition, all public hearings are broadcast on the Court’s website with a half-
hour delay. They can be accessed at www.icc-cpi.int.
For further information, please consult the hearing schedule. Also note that in the
interests of public order, minors under the age of sixteen are not allowed in the
Court building.
Public Information and

Outreach Section
Registry, International Criminal Court
Oude Waalsdorperweg 10
2597 AK, The Hague, The Netherlands
P.O. Box 19519

2500 CM, The Hague, The Netherlands
Telephone: +31 (0) 70 515 8515
Email: PublicAffairs.Unit@icc-cpi.int
66
PHOTO © ADAM MØRK
icc-cpi.int

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Helping build

a more just world

The ICC at a glance

The structure of the ICC

Crimes within the jurisdiction of the ICC

Published by the International Criminal Court

This is not an official document. It is intended for public information only.

Oude Waalsdorperweg 10, 2597 AK, The Hague, The Netherlands

Referrals, analyses and investigations

Further information about the ICC

I. The ICC at a glance

1. What is the International Criminal Court?

2. Why was the ICC established?

3. What is the Rome Statute?

4. How many countries have ratified the Rome Statute?

5. Where is the seat of the Court?

6. How is the Court funded?

7. How does the ICC differ from other courts?

8. Is the ICC an office or agency of the United Nations?

9. Is the ICC meant to replace national courts?

The ICC can investigate and, where warranted,

11. Is the ICC’s jurisdiction time bound?

12. Who can be prosecuted before the ICC?

The Prosecutor’s policy is to focus on those who

Acting as a Head of State or Government, minister or parliamentarian does not

In some circumstances, a person in a position of authority may even be held

15. Can the ICC try children?

African countries made great contributions to the establishment of the Court

The majority of ICC investigations were opened at the request of or after

II. The structure

The ICC is composed of four organs: the Presidency, the

17. What does the Presidency do?

18. What do the Chambers do?

19. How are the judges elected?

20. What is the role of the Pre-Trial Chambers?

21. What is the role of the Trial Chambers?

The Trial Chamber determines whether an accused is innocent or guilty of the

22. What are the main functions of the Appeals Chamber?

It may also revise a final judgment of conviction or sentence.

23. What does the Office of the Prosecutor do?

The Deputy Prosecutors oversee preliminary examinations, investigations,

24. What does the Registry do?

III. Crimes within

25. Which crimes fall within the jurisdiction of the ICC?

26. What is genocide?

▪ killing members of the group;

27. What are crimes against humanity?

28. What are war crimes?

29. What is a crime of aggression?

The perpetrator of the act of aggression is a person who is in a position effectively

As of 17 July 2018, a situation in which an act of aggression would appear to have

In the absence of a UNSC referral of an act of aggression, the Prosecutor may

32. How would an investigation into a crime of aggression be opened?

Trying individuals for genocide, war crimes,

IV. How the ICC

A. REFERRALS, ANALYSES AND INVESTIGATIONS

33. How do cases come before the Court?

36. How is an investigation conducted?