Is the ICC an office or agency of the United Nations?

11
Understanding the International Criminal Court
9. Is the ICC meant to replace national courts?
No. The ICC does not replace national criminal justice systems; rather, it 
complements them. It can investigate and, where warranted, prosecute and try 
individuals only if the State concerned does not, cannot or is unwilling to do so 
genuinely. This might occur where proceedings are unduly delayed or are intended 
to shield individuals from their criminal responsibility. This is known as the 
principle of complementarity, under which priority is given to national systems. 
States retain primary responsibility for trying the perpetrators of the most serious 
of crimes.
10. Under what conditions does the ICC exercise its jurisdiction?
When a State becomes a party to the Rome Statute, it agrees to submit itself to the 
jurisdiction of the ICC with respect to the crimes enumerated in the Statute. The 
Court may exercise its jurisdiction in situations where the alleged perpetrator 
is a national of a State Party or where the crime was committed in the territory 
of a State Party. Also, a State not party to the Statute may decide to accept the 
jurisdiction of the ICC. These conditions do not apply when the Security Council, 
acting under Chapter VII of the United Nations Charter, refers a situation to the 
Office of the Prosecutor.
11. Is the ICC’s jurisdiction time bound?
The ICC has jurisdiction only with respect to events which occurred after the entry 
into force of its Statute on 1 July 2002. If a State becomes a party to the Statute after 
its entry into force, the Court may exercise its jurisdiction only with respect to 
crimes committed after the entry into force of the Statute for that State, unless that 
State has made a declaration accepting the jurisdiction of the ICC retroactively. 
However, the Court cannot exercise jurisdiction with respect to events which 
occurred before 1 July 2002. For a new State Party, the Statute enters into force on 
the first day of the month after the 60
th
day following the date of the deposit of its 
instrument of ratification, acceptance, approval or accession.
The ICC can investigate and, where warranted, 
prosecute and try individuals only if the State 
concerned does not, cannot or is unwilling to do 
so genuinely.

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