The ICC released A 180-page report saying that hundreds of Iraqi detainees were abused by British soldiers between 2003 and 2009.
however, the ICC could not determine whether the UK had acted to shield soldiers from prosecution.
The MoD said the ICC report “vindicates our efforts to pursue justice where allegations have been founded”.
The ICC told the BBC: “It is without dispute there is evidence war crimes were committed.”
Its report said there was a reasonable basis to conclude that at least seven Iraqis were illegally killed while in British custody between April and September 2003.
The ICC’s report is based on the findings of a preliminary inquiry to determine both whether there is a reasonable basis to believe that war crimes were committed and to assess whether the UK has itself investigated and sought to prosecute those accused of involvement.
The ICC concluded that because the UK was “not unwilling” to investigate and prosecute its soldiers for committing war crimes in Iraq, the investigation was being closed.
The truth, however, is that the British government has gone to exceptional lengths to ensure that British troops accused of committing war crimes in Iraq are immune from prosecution. Out of the hundreds of cases pending against British soldiers, by June this year only one such case remained open.
In June, British independent investigators looking into allegations of war crimes committed in Iraq told the BBC that of the thousands of complaints they had investigated all but one had been dismissed.
Despite this outcome, which Bensouda said deprived the victims of justice, the ICC prosecutor concluded that British authorities had been unwilling to carry out investigations or prosecutions and closed the ICC probe.