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The burden of proof lies with the Prosecutor.

The defendant is considered innocent until proven guilty.

When investigating, the Prosecutor must collect and disclose both incriminating and exonerating evidence.

Before the Prosecutor can investigate, she must conduct a preliminary examination considering such matters as sufficient evidence, jurisdiction, gravity, complementarity, and the interests of justice.

The ICC does not prosecute those under the age of 18 when a crime was committed.

The Court cooperates with both States Parties and non-States Parties.įurther to the Key Features listed above, here are some of the basics you may want to know:

The ICC actively works to build understanding and cooperation in all regions, for example, through seminars and conferences worldwide. This has been done in the situations in Darfur (Sudan) and Libya. When a situation is not within the Court’s jurisdiction, the United Nations Security Council can refer the situation to the ICC granting it jurisdiction. While not a United Nations organization, the Court has a cooperation agreement with the United Nations. CooperationĪs a judicial institution, the ICC does not have its own police force or enforcement body thus, it relies on cooperation with countries worldwide for support, particularly for making arrests, transferring arrested persons to the ICC detention centre in The Hague, freezing suspects’ assets, and enforcing sentences. The ICC is intended to complement, not to replace, national criminal systems it prosecutes cases only when States do not are unwilling or unable to do so genuinely.

Also, under these circumstances, the Court shall not exercise its jurisdiction regarding a crime of aggression when committed by a national or on the territory of a State Party that has not ratified or accepted these amendments. Where no such determination has been made within six months after the date of notification to the UNSC by the Prosecutor of the situation, the Prosecutor may nonetheless proceed with the investigation, provided that the Pre-Trial Division has authorized the commencement of the investigation. The Prosecutor shall first ascertain whether the Security Council has made a determination of an act of aggression committed by the State concerned. In the absence of a UNSC referral of an act of aggression, the Prosecutor may initiate an investigation on her own initiative or upon request from a State Party. the crimes were referred to the ICC Prosecutor by the United Nations Security Council (UNSC) pursuant to a resolution adopted under chapter VII of the UN charter.Īs of 17 July 2018, a situation in which an act of aggression would appear to have occurred could be referred to the Court by the Security Council, acting under Chapter VII of the United Nations Charter, irrespective as to whether it involves States Parties or non-States Parties.the crimes were committed by a State Party national, or in the territory of a State Party, or in a State that has accepted the jurisdiction of the Court or.Genocide, crimes against humanity or war crimes were committed on or after 1 July 2002 and:

The Court may exercise jurisdiction in a situation where