International Criminal Court's Authority In War Crimes: Legal Personality Insights

he International Criminal Court’s(ICC)legal personality is established by the Treaty - Rome Statute[1], to establish “jurisdiction over individual for most serious crimes concerned to the international community such as war crimes, genocide, crime of aggression, and crimes against humanity[2].International legal personality is the ability of an entity to have rights and responsibilities within a legal system[3]. For the ICC, this means it has the authority to investigate, prosecute, and try people accused of serious crimes, especially war crimes. [4] Even though ICC was created to establish international jurisdiction, but it does not cover universally. That is applicable only for state parties who sign the Treaty- Rome Statute.And also the jurisdiction of ICC is complementary to National Justice System. That is the ICC shall take up a case defer to State jurisdiction over War crimes, unless the State does not investigate or prosecute due to unwillingness or inability[5].The ICC may open an investigation into War crimes when a crime is committed in a member country, the United Nations Security Council refer a situation, or with proprio motu, or aNon-State Member accepts the ICC’s jurisdiction for war crime that has taken place in a member State.[6] In this paper the author has made an attempt to understand the requirement of ICC’s Jurisdiction to investigate and prosecute the offenses relating to War crimes as per the Rome Statute.