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QLDLegal StudiesQuick questions
Unit 4: Human rights in legal contexts
Quick questions on The International Criminal Court and the Rome Statute: QCE Legal Studies
15short 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 (in force 1 July 2002). It sits in The Hague. As at 2026, there are 124 states parties. Notable non-parties include the United States, Russia, China, India, Israel and Iran.
What is the four core crimes (Rome Statute article 5)?Show answer
1. Genocide (article 6). Replicates the Genocide Convention 1948 definition. Acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group.
What is jurisdictional triggers (Rome Statute article 13)?Show answer
The ICC's jurisdiction is triggered where:
What is territorial and personal jurisdiction (article 12)?Show answer
The ICC has jurisdiction where the conduct occurred on the territory of a state party or where the accused is a national of a state party. A non-party state may accept jurisdiction by declaration. Ukraine accepted ICC jurisdiction ad hoc following the events of 2014 and 2022.
What is complementarity (article 17)?Show answer
The ICC is a court of last resort. 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.
What is recent cases?Show answer
Bosco Ntaganda. Convicted in 2019 of 18 counts of war crimes and crimes against humanity in the DRC. Sentenced to 30 years.
What is the ICJ in parallel?Show answer
The International Court of Justice has also been active in the same period. In South Africa v Israel (Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip), the ICJ issued a provisional measures order on 26 January 2024 finding it plausible that Israel's actions could constitute a breach of the Genocide Convention and ordering Israel to prevent acts of genocide and to enable humanitarian assistance.
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
Strengths. First permanent international criminal court. 124 states parties. Convictions of senior figures. Arrest warrants now reaching sitting heads of state of UN Security Council permanent members.
What is bosco Ntaganda?Show answer
Convicted in 2019 of 18 counts of war crimes and crimes against humanity in the DRC. Sentenced to 30 years.
What is dominic Ongwen?Show answer
Convicted in February 2021 of 61 counts of war crimes and crimes against humanity (Lord's Resistance Army, Uganda). Sentenced to 25 years.
What is russia / Ukraine?Show answer
The ICC issued an arrest warrant for Vladimir Putin on 17 March 2023 over the alleged unlawful deportation of Ukrainian children. Russia is not a party to the Rome Statute; Ukraine accepted ad hoc jurisdiction 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 and Gaza?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 strengths?Show answer
First permanent international criminal court. 124 states parties. Convictions of senior figures.
What is weaknesses?Show answer
Major powers (US, Russia, China, India, Israel, Iran) are not parties. The ICC has no police force; dependent on state cooperation. Investigations are slow.