The International Criminal Court was created by the Rome Statute in 1998, entered into force in 2002 and is currently ratified by 124 nations. This is the court par excellence, for prosecuting crimes against humanity and associated crimes such as apartheid, genocide and so on.
Public accusations have been made against Henry Kissinger, for example, by Christopher Hitchens in his book, The Trial of Henry Kissinger, published in 2001; however, no official prosecution against him has ever been mounted. If the ICC were so inclined, would it be able to prosecute Henry Kissinger for his alleged crimes? If so, what political factors currently prevent it from filing charges against him?