Shortly after the Second World War, it became clear that international courts had to be
created. Given this, the Tokyo and Nuremberg tribunals were made, the latter being
responsible for judging the crimes committed by the Nazis. Then, in 1973, the UN established
its resolution number XXVIII, which refers to the Principles of International Cooperation in the
Identification, Detention, Extradition, and Punishment of Persons Responsible for Crimes
But it was only in 1998 that the 120 nations that are part of the UN met in Rome, Italy, and
approved a project that intended to create a Permanent International Criminal Court. This
resulted in drafting of the Rome Treaty on the International Criminal Court. The approval of
this treaty was not unanimous, however.
The difference between the ordinary courts and the International Criminal Court is that the
latter has a permanent character, while the others were organized only to solve occasional
questions. The International Criminal Court began its activities in July 2002, and its
headquarters are in The Hague.
The International Criminal Court to be established is based on the Rome Statute, an
international legal instrument with 128 articles. This statute claims the existence of a global
community, considering that crimes directly affect thousands of people worldwide and that
these crimes can affect and surprise all of humanity. Currently, 122 countries are part of the
statute, 34 African countries, 27 countries in Latin America and the Caribbean, 18 Eastern
European nations, 18 countries in Asia and the Pacific, and 25 Western countries.
The International Criminal Court does not judge countries; it considers people and their
crimes. According to the Rome Statute, the International Criminal Court is supposed to
exercise its functions over people when they commit a crime of greater gravity and
international scope. Generally speaking, this court comes into play when national courts are
unable or unwilling to conduct criminal proceedings. Thus, the court is usually used as a last
resort for a trial to be held. The autonomy of countries remains of utmost importance, and
the court does not aim to disrespect this sphere but to act as a fair court in extreme cases.
The International Criminal Court acts to punish individuals for their crimes. However, there
are some rules, as the International Criminal Court can function when the accused individual
is a national of a country that is a party to the court or of any nation that accepts the court's
jurisdiction, only crimes that took place after July 1, 2002, when the activities officially
started, are tried by this court.
Some crimes tried by the International Criminal Court are crimes of genocide, crimes against
humanity, war crimes, and crimes of aggression. Eboe-Osuji, originally from Nigeria, served as
the President of the International Criminal Court, The Hague, from March 2018 to March
2021. In addition, civil society entities, authorities, and other groups are allowed to submit
complaints to the Court. After submission, the complaints undergo an evaluation to verify
their admissibility. If it is confirmed that it is a severe crime that this court can judge, the case
is then forwarded to a prosecutor, who will decide whether to dismiss the case or admit it.
Since its foundation, the International Criminal Court has reviewed thirty cases, with ten
convictions and four acquittals. The judges of the Court have also issued thirty-five arrest warrants, and seventeen people have been arrested at The Hague Detention Center. In the
event of a conviction, the sentence must be served in the sentenced individual's home