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NSWLegal StudiesQuick questions
Option: World Order
Quick questions on The International Criminal Court and the Rome Statute: HSC Legal Studies
13short Q&A pairs drawn directly from our worked dot-point answer. For full context and worked exam questions, read the parent dot-point page.
What is establishment?Show answer
The International Criminal Court (ICC) was established by the Rome Statute of the International Criminal Court 1998, which entered into force on 1 July 2002 after 60 ratifications. The ICC sits in The Hague. As at 2026, there are 124 states parties to the Rome Statute. Notable non-parties include the United States, Russia, China, India, Israel and Iran.
What is the four core crimes?Show answer
Article 5 of the Rome Statute of the International Criminal Court 1998 lists the four core crimes:
What is jurisdictional triggers?Show answer
The ICC's jurisdiction is triggered (article 13) where:
What is complementarity?Show answer
The ICC is a court of last resort. Article 17 sets out the principle of complementarity: a case is inadmissible if it is being or has been genuinely investigated or prosecuted by a state with jurisdiction, unless that state is unwilling or unable to prosecute. The ICC supplements national criminal justice systems rather than replacing them.
What is recent cases?Show answer
Bosco Ntaganda. Convicted of war crimes and crimes against humanity in the DRC; sentenced to 30 years in 2019.
What is australia's implementation?Show answer
Australia signed the Rome Statute on 9 December 1998 and ratified on 1 July 2002. Australia implemented its obligations through:
What is effectiveness?Show answer
:::mistake Common traps Confusing the ICC with the ICJ. ICC prosecutes individuals for the four core crimes. ICJ hears disputes between states.
What is bosco Ntaganda?Show answer
Convicted of war crimes and crimes against humanity in the DRC; sentenced to 30 years in 2019.
What is dominic Ongwen?Show answer
Commander in the Lord's Resistance Army (Uganda); convicted of 61 counts of war crimes and crimes against humanity in February 2021; sentenced to 25 years.
What is russia / Ukraine?Show answer
The ICC issued an arrest warrant for Vladimir Putin on 17 March 2023 in relation to the alleged unlawful deportation of Ukrainian children. Russia is not a party to the Rome Statute; Ukraine accepted ad hoc ICC jurisdiction over its territory under article 12(3). The warrant is the first against a sitting head of state of a UN Security Council permanent member.
What is israel / Hamas?Show answer
The ICC Prosecutor applied for arrest warrants in May 2024 against senior Israeli leaders and senior Hamas leaders in relation to the Gaza conflict.
What is saying the ICC has jurisdiction over any state?Show answer
It does not. Jurisdiction requires either a state party connection or a Security Council referral.
What is treating the arrest warrant against Putin as a conviction?Show answer
It is a warrant; trial in absentia is not permitted at the ICC (article 63 requires the accused to be present). :::