The International Criminal Court and National Courts

The ICC is a permanent international court that investigates and prosecutes individuals accused of committing the most serious crimes of concern to the international community, including genocide, crimes against humanity, war crimes, and the crime of aggression.

The principle of complementarity means that the ICC will only exercise its jurisdiction if national courts are unable or unwilling to genuinely investigate and prosecute the crimes in question.

The ICC can exercise its jurisdiction over a case if the crime is of sufficient gravity, if national courts are unable or unwilling to prosecute, and if the state where the crime was committed consents to the ICC's jurisdiction.

Drug trafficking is not a crime within the jurisdiction of the ICC. The ICC's jurisdiction is limited to the most serious crimes of concern to the international community, including genocide, crimes against humanity, war crimes, and the crime of aggression.

The Security Council has a number of powers in relation to the ICC, including the ability to refer cases to the ICC, authorize the ICC to investigate and prosecute crimes in a particular situation, and impose sanctions on states that do not cooperate with the ICC.

Necessity is not a defense that can be raised before the ICC. The ICC recognizes the defenses of lack of mental capacity, self-defense, and superior orders, but it does not recognize the defense of necessity.

The ICC can impose a maximum sentence of life imprisonment for the most serious crimes, such as genocide and crimes against humanity.

Apartheid is not a crime against humanity within the jurisdiction of the ICC. The ICC's jurisdiction over crimes against humanity is limited to certain specific crimes, such as murder, rape, torture, and persecution.

The Prosecutor is responsible for investigating and prosecuting crimes within the ICC's jurisdiction. The Prosecutor is an independent and impartial official who is elected by the Assembly of States Parties to the Rome Statute.

Extensive destruction and appropriation of property is not a war crime within the jurisdiction of the ICC. The ICC's jurisdiction over war crimes is limited to certain specific crimes, such as wilful killing, torture or inhuman treatment, and using child soldiers.

The crime of aggression is defined as the planning, preparation, initiation or execution, by a person in a position effectively to exercise control over or to direct the political or military action of a State, of an act of aggression which, by its character, gravity and scale, constitutes a manifest violation of the Charter of the United Nations.

Necessity is not a defense that can be raised against the crime of aggression. The ICC recognizes the defenses of lack of mental capacity, self-defense, and superior orders, but it does not recognize the defense of necessity.

The Assembly of States Parties is the governing body of the ICC. It is composed of representatives from all states that have ratified the Rome Statute. The Assembly of States Parties is responsible for overseeing the ICC's budget and administration, electing the ICC's judges and Prosecutor, and adopting amendments to the Rome Statute.

Drug trafficking is not a crime within the jurisdiction of the ICC. The ICC's jurisdiction is limited to the most serious crimes of concern to the international community, including genocide, crimes against humanity, war crimes, and the crime of aggression.

Necessity is not a defense that can be raised before the ICC. The ICC recognizes the defenses of lack of mental capacity, self-defense, and superior orders, but it does not recognize the defense of necessity.