Consider the following statements regarding the International Criminal Court (ICC) and its jurisdiction:

1. Under the Rome Statute, all signatory states must arrest and surrender individuals facing ICC warrants if they enter their territory.

2. Despite its broad mandate, the ICC lacks enforcement power and depends on national governments to execute its warrants, making it susceptible to domestic politics.

3. Non-compliance is referred to the Assembly of States Parties and may ultimately be brought before the United Nations Security Council (UNSC), which can mandate cooperation from all UN member states.

Which of the statements given above is/are correct?

In News

• The International Criminal Court (ICC) has issued an arrest warrant against former Philippines President Rodrigo Duterte for alleged crimes against humanity. The case highlights the ICC’s enforcement challenges and its reliance on state cooperation.

Key Points

• The Rome Statute requires signatory states to cooperate with the ICC, including arresting and surrendering individuals with ICC warrants.
  •  Hence, Statement 1 is correct.
• The ICC lacks an enforcement mechanism and relies on national governments to execute its arrest warrants.
  • Domestic political considerations often influence whether a state complies with ICC requests.
  • Example: Russia and China, which are not ICC members, openly reject the court's authority.
  • Hence, Statement 2 is correct.
• Non-compliance is first referred to the Assembly of States Parties (ASP), the ICC’s governing body.
  • If unresolved, the matter may be escalated to the United Nations Security Council (UNSC), which can mandate cooperation from all UN member states in cases where it has invoked ICC jurisdiction.
  • Hence, Statement 3 is correct.

Additional Information

• The ICC has jurisdiction over genocide, war crimes, and crimes against humanity but only over member states or cases referred by the UN Security Council. 
• The US, China, Russia, and India are not ICC members, limiting its global reach.
• High-profile ICC arrest warrants, including those against Vladimir Putin and Benjamin Netanyahu, remain unenforced due to political complexities.