It’s you claiming overreach. Not me! You are merely parroting the attitudes of people like Netanyahu and Trump. The ICC does not “give itself authority”. The ICC possesses authority to investigate and prosecute people from non member states. They have the mandate to do so under the Rome Statute.
1. The Crime is Committed on the Territory of a Member State.
Under Article 12 of the Rome Statute, the ICC has jurisdiction if the core crime (such as war crimes or genocide) was committed on the geographic territory of a country that is an ICC member.
- Example: If a soldier or leader from a non-member state (e.g., the United States or Russia) is accused of committing war crimes inside a member state (e.g., Afghanistan or Ukraine), the ICC can legally investigate and prosecute that individual. Under international law, countries have the right to prosecute crimes committed inside their borders, and by joining the ICC, they delegate that authority to the international court.
2. The United Nations Security Council Refers the Situation
Under Article 13(b), the UN Security Council (UNSC) can formally refer a situation anywhere in the world to the ICC prosecutor.
- Because all UN member states are bound by the UN Charter, a Security Council referral bypasses the requirement for ICC membership.
3. The Non-Member State Submits an Ad Hoc Declaration
A non-member country can choose to voluntarily accept the ICC’s jurisdiction for a specific period or event without fully joining the court.
- Example: Ukraine is not a full state party to the Rome Statute but submitted two ad hoc declarations accepting ICC jurisdiction over crimes committed on its territory, which allowed the ICC to initiate investigations there.
Just in case you are unaware Palestine is a full member of the ICC.
Now I expect you, like Netanyahu and Trump, don’t have much time for the UN either and also don’t recognise Palestine as a state. That though doesn’t mean that other countries can and have done so and have delegated authority to the ICC.
It’s NOT overreach. It’s a very important way of holding the powerful to account. Hopefully, in time, in an actual Court room but until then in the court of public opinion. Nothing the least insane involved in seeking to expose crimes to public view. It’s how you change things without using force.