Types of Jurisdiction
The ICC has jurisdiction based on three main dimensions:
Temporal jurisdiction: The ICC can only prosecute crimes committed after the Rome Statute entered into force on July 1, 2002.
Personal jurisdiction: The ICC prosecutes individuals - not states or organizations. The ICC has personal jurisdiction over nationals of State Parties or those committing crimes within the territory of a State Party.
Subject Matter Jurisdiction: The Court has jurisdiction over four core crimes: genocide, crimes against humanity, war crimes, and the crime of aggression.
Triggering Jurisdiction
The ICC can exercise jurisdiction when a case is triggered through one of the following mechanisms:
State Party Referral: A State Party to the Rome Statute may refer a situation to the ICC for investigation.
- Example: Nigeria
United Nations Security Council (UNSC) Referral: The UNSC can refer a situation to the ICC, even involving non-State Parties.
- Example: Libya
Prosecutorial Initiation (Proprio Motu): The ICC Prosecutor can initiate an investigation with the approval of the Pre-Trial Chamber.
- Example: Kenya
Self-Referral: A state under ICC jurisdiction may voluntarily refer its own situation for investigation and prosecution.
- Example: Mali