Which countries must be connected to a crime for the International Criminal Court to have jurisdiction?
The International Criminal Court (ICC) has jurisdiction over crimes such as genocide, war crimes, and crimes against humanity when they are connected to a state that has ratified the Rome Statute. Specifically, the court may exercise jurisdiction if:12
- The crime was committed in the territory of a state that has ratified the Rome Statute.12
- The crime was committed by a national of a state that has ratified the Rome Statute.12
In these instances, the ICC may prosecute an individual even if they are a national of a country that has not ratified the statute, provided the crime occurred within the territory of a ratifying state. Additionally, the UN Security Council may authorize the court to proceed with a case that falls outside these standard jurisdictional limits.21
It is important to note that the ICC acts as a court of last resort, recognizing the primacy of national jurisdictions; it can only proceed with a case after determining that domestic courts are unwilling or unable to prosecute.12