Legal existence of the International Criminal Court

Abstract

The establishment of the International Criminal Court is considered a complementary element to the international efforts that preceded it in the context of establishing international criminal justice and its culmination, starting with the Nuremberg Court, up to the special and temporary international criminal courts, and passing through the various treaties and attempts made to combat international crimes that affect international peace and security. Moreover, its establishment would not have been possible without the efforts of the negotiators to find a balance between the national sovereignty of states and the immunities and privileges of the court necessary to perform its function, achieve its goals and attain the purposes for which it was established. Indeed, the Rome Statute, in particular its fourth article, grants the International Criminal Court the status of international legal personality that qualifies it to exercise its functions and achieve its objectives of preventing perpetrators of crimes from escaping responsibility and punishment regardless of their official status as long as the Court's jurisdiction over them exists at the level of States parties, either through the powers of referral and postponement granted to the Security Council in accordance with the requirements of article 13 of the Rome Statute.