The Rome Statute, the founding treaty of the International Criminal Court (ICC), was adopted on 17 July 1998 by 120 States, and entered into force on 1 July 2002 – the date the Court became operational. As of November 2019, 123 States are parties to the Rome Statute. The Rome Statute establishes the Court’s jurisdiction, structure and functions. To date, Iraq is not a signatory of the statute.
Based on international law jurisprudence, the Rome Statute establishes four core international crimes: war crimes, crimes against humanity, genocide, and the crime of aggression. The ICC may exercise jurisdiction in a situation where these crimes were committed on or after 1 July 2002 and:
the crimes were committed by a State Party national, or in the territory of a State Party, or in a State that has accepted the jurisdiction of the Court; or
the crimes were referred to the ICC Prosecutor by the United Nations Security Council (UNSC) pursuant to a resolution adopted under chapter VII of the UN charter.