More than a decade has passed since the 1998 adoption of the Rome Statute establishing the International Criminal Court ("ICC"). Today, the ICC has developed into a fully functioning institution. By June 1, 2010, the ICC will enjoy as many as 111 states parties, with Bangladesh ratifying the Rome Statute most recently on March 23, 2010. Four situations are currently under court proceedings: three self-referrals by states parties (Uganda, Democratic Republic of the Congo, and Central African Republic) and one by the United Nations ("UN") Security Council on a non-party state (Darfur, Sudan). Most recently on March 31, 2010, a majority of the ICC Pre-Trial Chamber II granted the Prosecutor's request to commence an investigation on crimes against humanity allegedly committed in Kenya's 2007 post-election violence. This decision marks the first use of the Prosecutorial proprio motu power in a case before the ICC.
Jing Guan, The ICC's Jurisdiction over War Crimes in Internal Armed Conflicts: An Insurmountable Obstacle for China's Accession?, 28 Penn St. Int'l L. Rev. 703 (2010).