Background

		Overview of the International Criminal Court

The Statute of the ICC, also known as the Rome Statute (the Statute), entered into force on July 1, 2002, and established a permanent, independent Court to investigate and bring to justice individuals who commit war crimes, crimes against humanity, and genocide. The governments of three countries (all parties to the ICC)—Uganda, the Democratic Republic of Congo, and the Central African Republic—have referred situations to the Prosecutor. Position on the ICC

The United States is not a party to the Rome Statute. Objections to the Court were based on a number of factors, including
the Court's assertion of jurisdiction (in certain circumstances) over citizens, including military personnel, of countries that are not parties to the treaty; the perceived lack of adequate checks and balances on the powers of the ICC prosecutors and judges; the perceived dilution of the role of the U.N. Security Council in maintaining peace and security; and the ICC's potentially chilling effect on America's willingness to project power in the defense of its interests. The U.S. government is prohibited by law from providing material assistance to the ICC in its investigations, arrests, detentions, extraditions, or prosecutions of war crimes, under the American Servicemembers' Protection Act of 2002, or ASPA ( P.L. 107-206 , Title II). Administration officials reiterated at the Conference the United States' intention to support current cases before the ICC. By contrast, the ICC was established by multilateral treaty and is a permanent, international criminal tribunal. Draft legislation introduced during the 111 th Congress referenced the ICC in connection with human rights abuses committed in the Democratic Republic of Congo and by the Lord's Resistance Army in central Africa, and in connection with the global use of child soldiers. Additionally, there has been particular congressional interest in the ICC's work related to Darfur. ICC Cases and Investigations in Africa

The ICC Prosecutor has opened cases against 26 individuals in connection with five African countries. Sudan, Libya, and Côte d'Ivoire are not. The Prosecutor has not secured any convictions to date. U.S. Reactions

The United States initially expressed support for domestic prosecutions of suspects in post-election violence, but has supported ICC involvement in the absence of domestic action. Sudan

ICC jurisdiction in Sudan was conferred by the U.N. Security Council, as Sudan is not a party to the Court. The U.S. Many human rights advocates welcomed the attempt to bring genocide charges. U.S. Issues Raised by the ICC's Actions in Africa

Some observers have praised the ICC's investigations in Africa as a crucial step against impunity on the continent, but ICC actions have also provoked debates over the court's potential impact, its perceived prioritization of Africa over other regions, its selection of cases, and the potential effect of prosecutions on peace processes. In particular, the AU objects to ICC attempts to prosecute sitting heads of state in Sudan and Libya, and has decided not to enforce arrest warrants for Bashir or Qadhafi. At the same time, African parties to the ICC have refrained from withdrawing from the Court. Supporters of the Court respond that most investigations to-date have been determined by referrals, either by African states or the Security Council, and that the Prosecutor continues to analyze situations outside of Africa.
The International Criminal Court (ICC) has, to date, opened cases exclusively in Africa. Cases concerning 25 individuals are open before the Court, pertaining to crimes allegedly committed in six African states: Libya, Kenya, Sudan (Darfur), Uganda (the Lord's Resistance Army, LRA), the Democratic Republic of Congo, and the Central African Republic. A 26th case, against a Darfur rebel commander, was dismissed. The ICC Prosecutor has yet to secure any convictions. In addition, the Prosecutor has initiated preliminary examinations—a potential precursor to a full investigation—in Côte d'Ivoire, Guinea, and Nigeria, along with several countries outside of Africa, such as Afghanistan, Colombia, Georgia, Honduras, and the Republic of Korea.
The Statute of the ICC, also known as the Rome Statute, entered into force on July 1, 2002, and established a permanent, independent Court to investigate and bring to justice individuals who commit war crimes, crimes against humanity, and genocide. As of July 2011, 116 countries—including 32 African countries, the largest regional block—were parties to the Statute. Tunisia was the latest country to have become a party, in June 2011. The United States is not a party.
ICC prosecutions have been praised by human rights advocates. At the same time, the ICC Prosecutor's choice of cases and the perception that the Court has disproportionately focused on Africa have been controversial. The Prosecutor's attempts to prosecute two sitting African heads of state, Sudan's Omar Hassan al Bashir and Libya's Muammar al Qadhafi, have been particularly contested, and the African Union has decided not to enforce ICC arrest warrants for either leader. Neither Sudan nor Libya is a party to the ICC; in both cases, jurisdiction was granted through a United Nations Security Council resolution. (The United States abstained from the former Security Council vote, in 2005, and voted in favor of the latter, in February 2011.) Controversy within Africa has also surfaced over ICC attempts to prosecute Kenyan officials in connection with post-election violence in 2007-2008. Although Kenya is a party to the Court, the government has recently objected to ICC involvement, which some contend could be destabilizing.
Congressional interest in the work of the ICC in Africa has arisen in connection with concerns over gross human rights violations on the African continent and beyond, along with broader concerns over ICC jurisdiction and U.S. policy toward the Court. Obama Administration officials have expressed support for several ICC prosecutions. At the ICC's 2010 review conference in Kampala, Uganda, Obama Administration officials reiterated the United States' intention to provide diplomatic and informational support to ICC prosecutions on a case-by-case basis. The U.S. government is prohibited by law from providing material assistance to the ICC under the American Servicemembers' Protection Act of 2002, or ASPA (P.L. 107-206, Title II). Legislation introduced during the 111th Congress referenced the ICC in connection with several African conflicts and, more broadly, U.S. policy toward, and cooperation with, the Court. S.Res. 85 (Menendez) welcomes the U.N. Security Council referral of Libya to the ICC.
This report provides background on current ICC cases and examines issues raised by the ICC's actions in Africa. Further analysis can be found in CRS Report R41116, The International Criminal Court (ICC): Jurisdiction, Extradition, and U.S. Policy, by [author name scrubbed] and [author name scrubbed], and CRS Report R41682, International Criminal Court and the Rome Statute: 2010 Review Conference, by [author name scrubbed].