When is a situation referred to the International Criminal Court?

A situation is referred to the International Criminal Court (ICC) when states are unwilling or unable to act. This principle stems from the ICC's role as a last resort for accountability in cases of serious crimes such as genocide, war crimes, and crimes against humanity. The ICC only intervenes when national jurisdictions are either unable to prosecute due to lack of resources, political will, or other systemic obstacles, or when they are unwilling to hold perpetrators accountable for their actions.

This framework is rooted in the complementarity principle, which dictates that the ICC complements national judicial systems rather than replacing them. The expectation is for states to fulfill their primary responsibility to investigate and prosecute these serious crimes. Therefore, only when a country fails to do so, does the ICC step in to ensure justice and uphold international law.

In contrast, when states are willing to act, or when issues are resolved locally, the ICC typically does not become involved, as the responsibility for justice lies within the sovereign nation. Hence, the referral to the ICC is a measure taken to address gaps in national justice systems, reinforcing the notion that accountability for international crimes should ideally be carried out at the national level whenever possible.