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How can an International Criminal Court case be started by the prosecutor, a government, or the UN Security Council?
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Genocide
Freight train tracks leading to Auschwitz-Birkenau, Nazi Germany's largest concentration camp, near Oświęcim, Poland.
The International Criminal Court (ICC) serves as a court of last resort, prosecuting individuals for genocide, war crimes, and crimes against humanity when domestic legal systems are unable or unwilling to act. Cases may be initiated through three primary channels:12
- The Prosecutor: An independent prosecutor, elected by the Assembly of States Parties, may initiate an investigation into crimes within the court's jurisdiction.1
- A Government: The prosecutor may act at the request of a government that has ratified the Rome Statute.1
- The UN Security Council: The prosecutor may act at the request of the United Nations Security Council. This mechanism allows the court to exercise jurisdiction even in cases that might otherwise exceed its standard jurisdictional limits.1
The ICC operates under the principle that justice must be served for the most heinous international crimes, and its procedural regime ensures that the rights of defendants are protected while maintaining judicial scrutiny over the prosecutor's actions.1