Why does the International Criminal Court act as a court of last resort?

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Adolf Eichmann listening to an Israeli court's verdict — War crime Former Nazi official Adolf Eichmann listening as an Israeli court declares him guilty on all counts at his war crimes trial in Jerusalem, 1961.

The International Criminal Court (ICC) operates as a court of last resort because it recognizes the primacy of national criminal jurisdictions. Under the Rome Statute, the court is only permitted to proceed with a case after it has formally determined that domestic legal systems are either unable or unwilling to conduct the prosecution themselves.1

This principle ensures that the primary responsibility for investigating and prosecuting war crimes, crimes against humanity, and genocide remains with individual states. By functioning as a supplementary body, the ICC upholds the integrity of national justice systems while providing a necessary mechanism for accountability when those systems fail to address the most serious international offenses.1