What is the ICC

History

The International Criminal Court (ICC) was established by the Rome Statute of the International Criminal Court on 17 July 1998, when 120 States participating in the "United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court" adopted the Statute. This is the first ever permanent, treaty based, international criminal court established to promote the rule of law and ensure that the gravest international crimes do not go unpunished.

The Statute sets out the Court's jurisdiction, structure and functions and it provides for its entry into force 60 days after 60 States have ratified or acceded to it. The 60th instrument of ratification was deposited with the Secretary General on 11 April 2002, when 10 countries simultaneously deposited their instruments of ratification. Accordingly, the Statute entered into force on 1 July 2002. Anyone who commits any of the crimes under the Statute after this date will be liable for prosecution by the Court.

Seat

The seat of the Court is The Hague in The Netherlands. The Court will be temporarily housed at "de Arc" on the outskirts of The Hague before moving to its permanent premises at the Alexanderkazerne. It is envisaged that the permanent premises will be ready for occupation between 2007 and 2009.

Establishment

Even though the Statute entered into force on 1 July 2002, it will take some time before the Court begins its operations. A number of statutory measures and practical steps still have to be taken before the Court becomes operational. Whereas the two ad hoc Tribunals for Yugoslavia and Rwanda could be set up within the framework of the United Nations, the ICC will have to be set up as a completely new international organisation.

With the coming into force of the Rome Treaty, the Advance Team for the International Criminal Court began work on 1st July 2002. Its mandate ceased at the end of October.

The Team consisted of eight technical experts in, amongst other things, human resources, finance, building and facilities management, information technology, legal matters, and security. With the Host State, the Team was doing preparatory ground work to enable the Court to start recruiting and commence its basic operations when it formally begins its work.

In addition, the Advance Team acted as a custodian for all information addressed to the Court. Systems were put in place to allow the Team to take possession of such material, register it in accordance with international standards, and store it in a safe place until it can be given to the Prosecutor when he or she takes up office, which is expected to be early in 2003.

On 14 October 2002, the Director of the Division of Common Services appointed by the Assembly of States Parties took his office at the seat of the Court. Pending to the election of the Registrar, the Director will perform the functions of the Registrar.

Relationship with United Nations

The International Criminal Court is an independent international organisation. In accordance with article 2 of the Rome Statute, the relationship with the United Nations system is governed by an agreement that has been approved by the Assembly of States Parties and will be concluded by the President of the Court on its behalf.