The International Criminal Court was established following long time consideration. In 1948, the United Nations General Assembly invited the International Law Commission (ILC) to study the desirability and possibility of establishing an international judicial organ for the trial of persons charged with genocide. The ILC therefore prepared a draft statute in 1951. However, the General Assembly decided to postpone consideration of the draft statute pending the adoption of a definition of aggression.
In 1989, the General Assembly requested the ILC to address the question of establishing an international criminal court. In 1994, the ILC completed a draft statute for an International Criminal Court, following which the General Assembly established the Preparatory Committee on the Establishment of an International Criminal Court. On 17 July 1998, the United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court was held in Rome and adopted the Rome Statute of the International Criminal Court (Rome Statute). Seven States, including the United States and China, voted against the Statute, while twenty-one States abstained. The Rome Statute entered into force on 1 July 2002. As of March 2026, it has 125 States Parties. China is not a State Party.
The International Criminal Court (ICC), located in The Hague, the Netherlands, began functioning in 2003. It is composed of the Presidency, the Judicial Divisions (including a Pre-Trial Division, a Trial Division, and an Appeals Division, with a total of 18 judges), the Office of the Prosecutor, and the Registry. In accordance with the Rome Statute, the Court aims to investigate, prosecute and adjudicate four categories of the most serious crimes: the crime of genocide, crimes against humanity, war crimes and the crime of aggression, while holding individuals criminally responsible. Except in situations referred by the United Nations Security Council, or where a non-State Party has made a declaration accepting the exercise of jurisdiction by the Court with respect to the relevant crimes, the Court’s jurisdiction is limited to crimes committed on the territory of a State Party or by nationals of a State Party. Furthermore, the Court can not exert jurisdiction over the crime of aggression if it is committed by nationals of non-States Parties.
As of March 2026, the Court is conducting investigations, prosecutions, and adjudications in 18 situations, including the Situations in Uganda, the Democratic Republic of the Congo, Darfur (Sudan), the Central African Republic, the Republic of Kenya, Libya, etc. The Office of the Prosecutor is carrying out preliminary examination in Nigeria situation. In several situations, such as the Situations in Darfur (Sudan), Ukraine, and the State of Palestine, the Court has issued arrest warrants for several Heads of State, giving rise to significant international attention.
As a permanent member of the United Nations Security Council, China attaches great importance to the prevention and punishment of serious crimes and supports those efforts made by the international community. China signed the Final Act of the United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court in 1998, and has participated in the Assembly of States Parties to the Rome Statute as an Observer State.