Jurisdiction of ICC |  

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1. Jurisdiction
The extent of power and authority
2. Jurisdiction of Court
It is a power and authority of the court to hear and decide the case.
3. Crimes come under the Jurisdiction of ICC
• Crime of Genocide
The crime of genocide is characterised by the specific intent to destroy in whole or in part a national, ethnic, racial or religious group by killing its members or by other means
• Crimes against humanity
ICC can prosecute crimes against humanity, which are serious violations committed as part of a large-scale attack against any civilian population
• War crimes
War crimes which are grave breaches of the Geneva conventions in the context of armed conflict and include, for instance, the use of child soldiers; the killing or torture of persons such as civilians or prisoners of war; intentionally directing attacks against hospitals, historic monuments, or buildings dedicated to religion, education, art, science or charitable purposes.
• Crime of aggression
It is the use of armed force by a State against the sovereignty, integrity or independence of another State.
4. Precondition before Triggering the ICC’s Jurisdiction
• Principle of Complementarity
The ICC is complementary to national criminal jurisdictions, meaning that States have the primary competence and authority to investigate and prosecute international crimes.
4. Modes of Knocking the ICC’s Jurisdiction
• Referral by the State Party
• Referral by the UNSC
• Proprio Motu Initiation of Preliminary Examination by Prosecutor of ICC
5. Types of Jurisdiction
• Territorial Jurisdiction
The ICC can only exercise jurisdiction in the territory of State Parties, non-State Parties that consent to jurisdiction (ad-hoc jurisdiction), or non-State Parties that are referred to the Court by the UN Security Council. If the alleged crimes occurred on a State that does not meet these requirements, the case cannot move forward at the ICC.
• Personal Jurisdiction
The ICC can only investigate and prosecute “natural persons” who are over the age of 18. The ICC cannot investigate or prosecute governments, corporations, political parties, or rebel movements, but may investigate individuals who are members of groups.
Also, the ICC can only exercise jurisdiction over nationals from a state within the Court’s jurisdiction (e.g. State Party; non-State Party that consents to jurisdiction or was referred by the UN Security Council).
• Temporal Jurisdiction
The ICC can only exercise jurisdiction over crimes committed after July 1, 2002 (the date that the Rome Statute went into force). If the alleged crimes occurred prior to this date, the case cannot move forward at the ICC.
• Subject Matter Jurisdiction
 Crime of Genocide
 Crimes against humanity
 War crimes
 Crime of aggression