The International Criminal Court

The International Criminal Court (ICC) is the permanent international criminal court established under the Rome Statute. It prosecutes individuals alleged to bear responsibility for genocide, crimes against humanity, war crimes and the crime of aggression. The ICC is not a court of appeal above national courts. It complements national criminal jurisdictions within the jurisdictional and admissibility requirements of the Statute.

Victim Support Taiwan (VST) approaches the ICC through the rights of victims. Victims are not merely witnesses or sources of evidence. Subject to the Rome Statute, the Rules of Procedure and Evidence and judicial decisions, they may present their views and concerns, participate through legal representatives, receive protection and information, and seek reparations at the appropriate stage following a conviction.

Last reviewed: 3 August 2026. ICC case pages and Court Records are updated over time. This landing page provides an institutional guide and verified procedural landmarks; it does not replace the Court’s official record.

The ICC at a Glance

  • Who does the ICC try? The Court determines the individual criminal responsibility of natural persons; it does not adjudicate the international responsibility of States.
  • Which crimes fall within its mandate? Genocide, crimes against humanity, war crimes and the crime of aggression, as defined by the Rome Statute.
  • Does the ICC replace national courts? No. Under complementarity, it supplements rather than replaces national criminal justice and acts only where it has jurisdiction and a case is admissible.
  • Is every victim a witness? No. Witnesses primarily give evidence. Victims may have suffered harm and hold independent procedural interests. The roles may overlap, but their rights, duties and protection needs are not identical.
  • Can victims prosecute a case? Victims cannot replace the Prosecutor. They may provide information and participate where the Statute and the Court permit.
  • Does participation amount to reparations? No. Participation, Court-ordered reparations and the TFV’s assistance mandate have distinct legal bases and conditions.

A Map of Victims’ Rights

Definition and application

Rule 85 of the Rules of Procedure and Evidence defines victims as natural persons who have suffered harm as a result of a crime within the Court’s jurisdiction. In specified circumstances, organisations or institutions may qualify where protected property dedicated to religion, education, art, science, charity or humanitarian purposes has sustained direct harm. The Court determines whether an applicant may participate in a particular proceeding and at what stage.

Participation

Article 68(3) of the Rome Statute requires the Court, where victims’ personal interests are affected, to permit their views and concerns to be presented and considered at stages the Court considers appropriate. Participation must not prejudice the rights of the accused and must remain consistent with a fair and impartial trial. It usually takes place through legal representatives, while the precise modalities depend on the Chamber and the procedural stage.

Protection, privacy, legal representation and information

The Court must take appropriate measures to protect the safety, physical and psychological well-being, dignity and privacy of victims and witnesses. Confidentiality, contact arrangements, modes of testimony and limits on disclosure may form part of that protection. The Victims Participation and Reparations Section (VPRS), the Office of Public Counsel for Victims (OPCV), and the Court’s outreach work support applications, legal representation, access to information and communication with affected communities. Protection and information are conditions of safe and meaningful participation, not optional benefits.

Reparations and the Trust Fund for Victims

Article 75 enables the Court, following a conviction, to order restitution, compensation, rehabilitation or other appropriate forms of reparation. Article 79 establishes the Trust Fund for Victims (TFV). The TFV has two distinct mandates: implementing Court-ordered reparations and, under its assistance mandate, using other resources to provide physical or psychological rehabilitation and material support. Assistance is not contingent upon the conviction of a particular accused and must not be presented as if a Court had already awarded reparations in a specific case.

The Duterte Case

The Prosecutor v. Rodrigo Roa Duterte (ICC-01/21-01/25) arises from the ICC’s investigation into the Situation in the Republic of the Philippines. Pre-Trial Chamber I authorised the Prosecutor to commence an investigation on 15 September 2021. According to the ICC’s official situation page, the Chamber also received views submitted by or on behalf of victims when considering the Prosecutor’s request to investigate on her own initiative. On 26 January 2023, the Chamber authorised the Prosecutor to resume the investigation.

On 7 March 2025, Pre-Trial Chamber I issued a secret warrant of arrest for Rodrigo Roa Duterte; it was reclassified as public on 11 March. Mr Duterte was surrendered to the ICC on 12 March and made his initial appearance on 14 March 2025. On 26 January 2026, the Chamber found him fit to take part in the pre-trial proceedings. The confirmation of charges hearing took place from 23 to 27 February. On 23 April 2026, the Chamber unanimously confirmed all three counts of crimes against humanity brought by the Prosecutor and committed Mr Duterte to trial. The ICC’s official case page currently classifies the case as being at trial, records Mr Duterte as in ICC custody, and lists 30 November 2026 as the scheduled opening date of the trial.

A confirmation decision is not a finding of guilt. The accused remains presumed innocent unless and until proved guilty according to law. Readers should consult the ICC’s official case page, the public redacted confirmation decision and Court Records for later proceedings, judicial composition, hearing dates and decisions. VST will continue to examine victims’ submissions, procedural participation, common legal representation, sealed arrest warrants, protective measures, State cooperation and the legal questions that may arise in a future reparations phase.

Judicial Independence and International Cooperation

The ICC has no police force of its own. Arrest, surrender, evidence-gathering and other forms of judicial assistance depend heavily on State cooperation. Threats, political pressure or sanctions directed at judges, prosecutors, counsel, victims’ representatives or cooperating institutions may affect judicial independence, legal representation, access to information, victim participation and the effective pursuit of remedies.

VST will examine separately the legal basis, scope and practical effects of sanctions, together with the responses of the ICC, the Assembly of States Parties, the United Nations, governments and civil society. Current-affairs analysis will distinguish binding measures, official positions, litigation documents, media reporting and the author’s assessment.

Reading the Series

This landing page currently features three paired Chinese-English articles, all of which have completed source verification and been formally published.

  1. What Rights Do Victims Have at the ICC? Status, Participation, Protection, Legal Representation and Information
  2. From Victims’ Communications to Trial Preparation: A Timeline of the ICC Duterte Case

Core Legal Texts and Official Sources

Editorial Note

This page is a public-education and research guide produced by Victim Support Taiwan (VST). It is not an official ICC page, an official translation, or legal advice on an individual case. Material updates will identify the review date and revision summary.

Latest Articles