What Is the Rome Statute? The Treaty Behind the ICC

The Rome Statute is the international treaty, adopted in 1998 and in force since 2002, that established the International Criminal Court and defines its four core crimes: genocide, crimes against humanity, war crimes and the crime of aggression.

What it created

The Statute set up the ICC as a permanent court to try individuals for the gravest international crimes. States that ratify it become "States Parties" and accept the Court’s jurisdiction.

The four core crimes

Articles 5–8 bis define genocide, crimes against humanity, war crimes and aggression. This codification is why the Statute is cited whenever those crimes are alleged — see our comparison of the crimes.

Its key limits

The Court can generally act only over crimes committed on the territory of, or by a national of, a State Party — or when the UN Security Council refers a situation. This jurisdictional reach, and the principle of complementarity, are the Statute’s defining constraints.

Frequently asked questions

Which countries are not members?

Several major states, including the United States, China, Russia, India and Israel, are not parties to the Rome Statute. Non-membership limits, but does not always eliminate, the Court’s reach.

When did the Rome Statute enter into force?

It was adopted in 1998 and entered into force on 1 July 2002 after 60 states ratified it.

Primary sources

• Rome Statute — full text (PDF)
• ICC — official site