International Criminal Court in the context of "War in Darfur"

Crimes against humanity are certain crimes committed as part of a large-scale attack against civilians. Unlike war crimes, crimes against humanity can be committed during both peace and war and against a state's own nationals as well as foreign nationals. Together with war crimes, genocide, and the crime of aggression, crimes against humanity are one of the core crimes of international criminal law and, like other crimes against international law, have no temporal or jurisdictional limitations on prosecution (where universal jurisdiction is recognized).

The first prosecution for crimes against humanity took place during the Nuremberg trials and Subsequent Nuremberg trials against defeated leaders of Nazi Germany and collaborators. Crimes against humanity have been prosecuted by other international courts (such as the International Criminal Tribunal for the former Yugoslavia, the International Criminal Tribunal for Rwanda, the Special Court for Sierra Leone, the Extraordinary Chambers in the Courts of Cambodia, and the International Criminal Court) as well as by domestic courts. The law of crimes against humanity has primarily been developed as a result of the evolution of customary international law. Crimes against humanity are not codified in an international convention, so an international effort to establish such a treaty, led by the Crimes Against Humanity Initiative, has been underway since 2008.

International courts are formed by treaties between nations, or by an international organization such as the United Nations – and include ad hoc tribunals and permanent institutions but exclude any courts arising purely under national authority.

The Libyan Civil War, also known as the First Libyan Civil War and Libyan Revolution, was an armed conflict in 2011 in the North African country of Libya which was fought between forces loyal to Colonel Muammar Gaddafi and rebel groups attempting to oust his government. The war was preceded by protests in Zawiya on 8 August 2009 and finally ignited by protests in Benghazi beginning on 15 February 2011, which led to clashes with security forces who fired on the crowd. The protests escalated into a rebellion spreading across the country, with the forces opposing Gaddafi establishing an interim governing body, the National Transitional Council.

The United Nations Security Council passed an initial resolution on 26 February, freezing the assets of Gaddafi and his inner circle and restricting their travel, and referred the matter to the International Criminal Court for investigation. In early March, Gaddafi's forces rallied, pushed eastwards and re-took several coastal cities before reaching Benghazi. A further UN resolution authorised member states to establish and enforce a no-fly zone over Libya, and to use "all necessary measures" to prevent attacks on civilians, which turned into a bombing campaign by the forces of NATO against Libyan military installations and vehicles. The Gaddafi government then announced a ceasefire, but fighting and bombing continued. Throughout the conflict, rebels rejected government offers of a ceasefire and efforts by the African Union to end the fighting because the plans set forth did not include the removal of Gaddafi.

International criminal law (ICL) is a body of public international law designed to prohibit certain categories of conduct commonly viewed as serious atrocities and to make perpetrators of such conduct criminally accountable for their perpetration. The core crimes under international law are genocide, war crimes, crimes against humanity, and the crime of aggression.

Classical international law governs the relationships, rights, and responsibilities of states. After World War II, the Charter of the International Military Tribunal and the following Nuremberg trial revolutionized international law by applying its prohibitions directly to individuals, in this case the defeated leaders of Nazi Germany, thus inventing international criminal law. After being dormant for decades, international criminal law was revived in the 1990s to address the war crimes in the Yugoslav Wars and the Rwandan genocide, leading to the establishment of a permanent International Criminal Court in 2001.

An atrocity crime is a violation of international criminal law that falls under the historically three legally defined international crimes of genocide, war crimes, and crimes against humanity. Ethnic cleansing is widely regarded as a fourth mass atrocity crime by legal scholars and international non-governmental organizations (NGOs) working in the field, despite not yet being recognized as an independent crime under international law.

Crimes of aggression are considered by some to be mass atrocity crimes and they are included in the jurisdiction of the International Criminal Court. However, most legal scholars do not consider them to be mass atrocity crimes. While it is certainly a grave violation of international law and frequently the context in which mass atrocity crimes are committed, the crime of aggression is distinguishable because it is an attack on the territory, sovereignty, or political independence of a state rather than on individuals.

The Rome Statute of the International Criminal Court is the treaty that established the International Criminal Court (ICC). It was adopted at a diplomatic conference in Rome, Italy on 17 July 1998 and it entered into force on 1 July 2002. As of January 2025, 125 states are party to the statute. Among other things, it establishes court function, jurisdiction and structure.

The Rome Statute established four core international crimes: genocide, crimes against humanity, war crimes, and the crime of aggression. Those crimes "shall not be subject to any statute of limitations." Under the Rome Statute, the ICC can only investigate and prosecute the four core international crimes in situations where states are "unable" or "unwilling" to do so themselves. The provisions on the crime of aggression did not take effect until after it was defined at the 2010 Kampala Conference.

In 1956, the Gaza Strip came under military occupation by Israel for a period of four months during the Suez Crisis. Israel captured it again on 6 June 1967 after the Six Day War. The United Nations, international human rights organizations, International Court of Justice, European Union, International Criminal Court, most of the international community and most legal academics and experts regard the Gaza Strip to still be under military occupation by Israel, as Israel still maintains direct control over Gaza's air and maritime space, six of Gaza's seven land crossings, a no-go buffer zone within the territory, and the Palestinian population registry. Israel, the United States, and other legal, military, and foreign policy experts otherwise contend that Israel "ceded the effective control needed under the legal definition of occupation" upon its disengagement in 2005. Israel continues to maintain a blockade of the Gaza Strip, limiting the movement of goods and people in and out of the Gaza Strip.