It is said that 41 countries have been critical of the International Criminal Court (ICC) for reasons not stated. Among these, are India and the Peoples Republic of China . The 41 countries, of course happen not to be parties to the Statute.
The Rome Statute establishes the ICC functions, jurisdiction and the structure; it also establishes four core international crimes namely: genocide, crimes against humanity, war crimes and crimes of aggression. Under the Statute, the ICC can only investigate and prosecute the four core international crimes where states are “unable” or “unwilling” to do so themselves.