The International Criminal Court (ICC) has turned down an application regarding the Roboski massacre, as Turkey is not a state party to the Rome Statute.

Despite it being 2 years since the Roboski massacre took place, the AKP government has taken absolutely no steps to find the perpetrators of the massacre, and this inactivity is also preventing the trial of the murderers in international law. Due to the fact the AKP government has not signed up to the Rome Statute, the ICC has declared inadmissible an application regarding the massacre.

BDP co-chairs Selahattin Demirtaş and Gültan Kışanak had applied to the ICC, saying the massacre was a crime against humanity. In February 2012 the ICC wrote to the applicants, saying they would make an assessment. The ICC has now replied, saying that in order for the Court to admit the application the state in question must be a state party to the Rome Statute, adding that "the state must accept that a crime has taken place".

Turkey is not a state party

The International Criminal Court was established to investigate crimes against humanity and war crimes, and was created by the Rome Statute which came into force in 2002, when the minimum number of 60 states was achieved for the Statute to have jurisdiction. In February 2003 18 judges were elected. Apart from Turkey and Azerbaijan, all 46 members of the Council of Europe are state parties to the Rome Statute. In 2002 Turkey declared it did not have sufficient provision in its legislation, and would become party to the Statute once the appropriate reforms were carried out. However, the AKP government has not made any progress in this respect.