What is the International Criminal Court and what does it have to do with human rights?

• Sometimes a breach of human rights is so serious it amounts to a criminal offence.
• These criminal offences are considered to be international crimes if they are:
  • systematic and widespread;
  • take place during a war; or
  • include the intention to destroy a group of people in whole or in part (genocide).
• The International Criminal Court is the judicial body charged with prosecuting those who commit international crimes.
• Australia is a party to the Court which means that anyone in Australia (including military and political leaders) can be charged under the ICC’s jurisdiction.
• The ICC is a court of last resort. It will only prosecute an individual if the relevant country is unable or unwilling to do so.
• As Australia has a robust and independent judiciary it is highly unlikely that the ICC would ever agree to prosecute an Australian citizen.