What does ‘universality’ mean?

Universality of the system of the Rome Statute of the ICC can be achieved once all States decide to ratify or accede to the Rome Statute of the ICC (adopted in Rome on 17 July 1998, and entered into force on 1 July 2002). Universality is required also for the amendments to the Rome Statute, including the Kampala Amendments adopted on 10 and 11 June 2010.

Why is universality Important?

Rather than universal, the ICC currently has limited jurisdiction, applicable to the crimes committed (i) in the territories of States Parties or (ii) by nationals of States Parties, or (iii) within situations referred to the jurisdiction of the ICC by the UN Security Council.

Therefore, only through the universal ratification/accession to the Rome Statute and all its Amendments by all States, the jurisdiction of the ICC - or its power to investigate, prosecute and try a case - will encompass international crimes allegedly committed by any person in any place.

The ICC jurisdiction ratione materiae (subject-matter jurisdiction) includes the four most serious crimes of international concern as referred to in the Rome Statute, namely the crime of genocide, crimes against humanity, war crimes and the crime of aggression.

For the crime of genocide, crimes against humanity, and war crimes, the ICC has:

• Automatic jurisdiction when the alleged crimes are committed:
  1. Within the territory of a State Party to the Rome Statute (territorial jurisdiction), or
  2. By a national of a State Party to the Rome Statute, regardless of the geographic location of the criminal conduct (active personality jurisdiction) (Art. 12.2 Rome Statute)
• And ad-hoc jurisdiction when:
  1. A situation is referred by the United Nations Security Council (Art. 13.b Rome Statute), regardless of the location of the criminal conduct and nationality of the alleged perpetrator, through the adoption of a resolution under Chapter VII of the UN Charter which requires 9 positive votes of Security Council members and no objection from any of the 5 Permanent Members,or
  2. There is a unilateral acceptance of jurisdiction by a State not Party to the Rome Statute with territorial or active personality jurisdiction over the situation (Art. 12.3 Rome Statute) (opt-in)

The Kampala Amendments to the Rome Statute on the crime of aggression encompass a more restricted jurisdictional regime, according to which the ICC has:

• Automatic jurisdiction when the alleged crimes are committed:
  1. Within the territory of a State Party (territorial jurisdiction) and
  2. By nationals of a State Party (active personality jurisdiction),
  3. Unless any of the States involved previously declared that it does not accept the ICC jurisdiction by lodging a declaration with the ICC Registrar (opt-out) (Art. 15 bis.4 Rome Statute)
• And ad-hoc jurisdiction when:
  1. A situation is referred by the United Nations Security Council (Art. 15 ter Rome Statute), regardless of the location of the criminal conduct and nationality of the alleged perpetrator.
• No jurisdiction over States not Parties:
  
  With the only exception in case of a referral by the UN Security Council, the ICC may not exercise jurisdiction regarding States not Parties to the Rome Statute, i.e. whenever a crime of aggression is committed by a national of a State not Party or on a territory of a State not Party. This clause is to be interpreted as a departure from Art. 12.3 which allows States not Parties to accept the ad-hoc jurisdiction of the Court.

Achievements

PGA is one of the few organizations in the world actively working on the ratification of/ accession to the Rome Statute and Kampala Amendments. Through technical and political assistance, the Campaign for the Rome Statute of the ICC has advanced the process of ratification of/ accession to the Rome Statute in 78 countries, including:

Additionally, it has contributed to the ratification of the Kampala Amendments in 7 countries.