How can the International Criminal Court investigate crimes outside its usual jurisdiction?
The International Criminal Court (ICC) is generally authorized to investigate and prosecute genocide, war crimes, and crimes against humanity committed within the territory or by a national of a state that has ratified the Rome Statute.12
When crimes occur outside these standard jurisdictional limits, the ICC may still proceed if authorized by the UN Security Council. This mechanism allows the court to address situations in non-member states, as seen in investigations initiated at the request of the Security Council regarding Sudan and Libya.13
It is important to note that the ICC functions as a court of last resort, operating on the principle of complementarity. It only intervenes when it determines that a state’s domestic legal system is either unable or unwilling to genuinely carry out the necessary investigations or prosecutions.12