Why was the International Criminal Court created as a court of last resort?

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Hear about the formation, functions, and limitations of the International Criminal Court — International criminal law Learn about the International Criminal Court.

The International Criminal Court (ICC) functions as a court of last resort because it is designed to respect the primacy of national criminal jurisdictions. Under the principles of international law, states maintain the primary authority to address criminal issues occurring within their territories.12

The ICC may only proceed with a case after it has determined that domestic legal systems are either unable or unwilling to genuinely prosecute the individuals responsible for war crimes, genocide, or crimes against humanity. This structure ensures that the court serves as a supplementary mechanism rather than a replacement for national justice systems, which remain the first line of accountability for such offenses.1