Five Things to Know about the International Criminal Court

Illustrative: Police escort a group of supporters of former Ivory Coast president Laurent Gbagbo outside the International Criminal Court in The Hague, Netherlands, Thursday, Feb. 6, 2020. (AP/Peter Dejong)
Illustrative: Police escort a group of supporters of former Ivory Coast president Laurent Gbagbo outside the International Criminal Court in The Hague, Netherlands, Thursday, Feb. 6, 2020. (AP/Peter Dejong)
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Five Things to Know about the International Criminal Court

Illustrative: Police escort a group of supporters of former Ivory Coast president Laurent Gbagbo outside the International Criminal Court in The Hague, Netherlands, Thursday, Feb. 6, 2020. (AP/Peter Dejong)
Illustrative: Police escort a group of supporters of former Ivory Coast president Laurent Gbagbo outside the International Criminal Court in The Hague, Netherlands, Thursday, Feb. 6, 2020. (AP/Peter Dejong)

The International Criminal Court, which celebrates its 20th anniversary on July 1, is the world's only permanent tribunal to investigate and try alleged cases of genocide, war crimes, crimes against humanity and aggression where member states are unable or unwilling to do so.

Here are five things to know about the court based in the Dutch city of The Hague, which is investigating alleged war crimes in Ukraine, AFP reported.

- US, Russia, Israel opted out -
A total of 123 countries have ratified the court's founding Rome Statute, meaning they recognize its jurisdiction, but there are some conspicuous absences, notably the United States, Russia and Israel.

Both the United States and Russia have signed the Rome treaty but never ratified it. Moscow in 2016 withdrew its signature over an ICC report calling its annexation of the Crimean peninsula an occupation.

Israel opposed the court from the outset, fearing that its leaders and/or military could be targeted in politically motivated cases.

Other notable non-members include China, India and Myanmar.

The ICC can pursue nationals of non-member states for crimes committed on the soil of a member country or, as in the case of Ukraine, a non-member that recognizes its jurisdiction.

The UN Security Council can also call on the court to investigate potentially serious international crimes, as for instance in Libya and Sudan.

- Five convictions in two decades -
Between 2012 and 2021, the ICC successfully convicted five men of war crimes and crimes against humanity, all Africans.

Three of the five were former militia leaders from the war-torn Democratic Republic of Congo, with Bosco Ntaganda, a rebel leader nicknamed "Terminator" receiving the longest jail sentence the court has issued of 30 years for mass murder, rape and abduction.

The court also sent Dominic Ongwen, a commander of Uganda's notorious Lord's Resistance Army militia to jail as well as Malian extremist Ahmad al Faqi al Mahdi, who was convicted of destroying a mosque and mausoleums in the ancient Malian city of Timbuktu.

Former Ivory Coast president Laurent Gbagbo was the first former head of state to be tried by the ICC in 2016 but he was acquitted of crimes against humanity.

Some convictions were overturned on appeal, notably that of former Congolese vice-president Jean-Pierre Bemba, who was convicted of crimes committed by rebels under his command in Central African Republic but later cleared of responsibility.

- Failures and fugitives -
The court suffered a major setback in 2014 when its highest profile case -- over Kenyan President Uhuru Kenyatta's involvement in the inter-ethnic violence that broke out after disputed 2007 elections -- collapsed.

Kenyatta reluctantly appeared before the court, the first sitting head of state to do so, but the prosecutor was forced to drop the case amid allegations of witness intimidation and bribery.

Former Sudanese president Omar al-Bashir is also still being wanted by the ICC for genocide, crimes against humanity and war crimes in the western Sudanese province of Darfur. But three years after he was deposed Sudan has yet to hand him over.

The son of former Libyan leader Moamer Kadhafi, Seif al-Islam Kadhafi, has been wanted by the court on war crimes charges for over a decade.

- Dispute with Trump -
The ICC infuriated US president Donald Trump's administration in March 2020 by authorizing an investigation into alleged war crimes by US forces serving in Afghanistan.

Washington imposed sanctions on the ICC's prosecutor in protest but his successor Joe Biden later lifted them.

The investigation, which also included violence by the Taliban and ISIS group, was later suspended at the Afghan government's request but relaunched after the Taliban takeover.

Since it resumed however, it has focused on violence by the Taliban and IS to the exclusion of alleged US atrocities.

- Pivot to Ukraine -
Russia's invasion of Ukraine has vaulted the former Soviet state to the top of the agenda of a court often accused of unfairly focusing on Africa. Four days after the war started ICC prosecutor Karim Khan announced an investigation into possible war crimes.

Ukraine is not an ICC member either but it has accepted the court's jurisdiction.

A 42-strong team of ICC investigators visited Ukraine in May to gather evidence and Khan visited the Kyiv suburb of Bucha, where dozens of civilians were found murdered after the withdrawal of Russian troops.



Bittersweet Return for Syrians with Killed, Missing Relatives 

Syrian activist and former refugee Wafa Mustafa shows a picture of her missing father Ali on her phone after attending a demonstration in Damascus on January 1, 2025. (AFP)
Syrian activist and former refugee Wafa Mustafa shows a picture of her missing father Ali on her phone after attending a demonstration in Damascus on January 1, 2025. (AFP)
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Bittersweet Return for Syrians with Killed, Missing Relatives 

Syrian activist and former refugee Wafa Mustafa shows a picture of her missing father Ali on her phone after attending a demonstration in Damascus on January 1, 2025. (AFP)
Syrian activist and former refugee Wafa Mustafa shows a picture of her missing father Ali on her phone after attending a demonstration in Damascus on January 1, 2025. (AFP)

Wafa Mustafa had long dreamed of returning to Syria but the absence of her father tarnished her homecoming more than a decade after he disappeared in Bashar al-Assad's jails.

Her father Ali, an activist, is among the tens of thousands killed or missing in Syria's notorious prison system, and whose relatives have flocked home in search of answers after Assad's toppling last month by opposition forces.

"From December 8 until today, I have not felt any joy," said Mustafa, 35, who returned from Berlin.

"I thought that once I got to Syria, everything would be better, but in reality everything here is so very painful," she said. "I walk down the street and remember that I had passed by that same corner with my dad" years before.

Since reaching Damascus she has scoured defunct security service branches, prisons, morgues and hospitals, hoping to glean any information about her long-lost father.

"You can see the fatigue on people's faces" everywhere, said Mustafa, who works as a communications manager for the Syria Campaign, a rights group.

In 2021, she was invited to testify at the United Nations about the fate of Syria's disappeared.

The opposition who toppled Assad freed thousands of detainees nearly 14 years into a civil war that killed more than 500,000 people and displaced millions.

Mustafa returned to Branch 215, one of Syria's most notorious prisons run by military intelligence, where she herself had been detained simply for participating in pro-democracy protests in 2011.

She found documents there mentioning her father. "That's already a start," Mustafa said.

Now, she "wants the truth" and plans to continue searching for answers in Syria.

"I only dream of a grave, of having a place to go to in the morning to talk to my father," she said. "Graves have become our biggest dream".

- A demand for justice -

In Damascus, Mustafa took part in a protest demanding justice for the disappeared and answers about their fate.

Youssef Sammawi, 29, was there too. He held up a picture of his cousin, whose arrest and beating in 2012 prompted Sammawi to flee for Germany.

A few years later, he identified his cousin's corpse among the 55,000 images by a former military photographer codenamed "Caesar", who defected and made the images public.

The photos taken between 2011 and 2013, authenticated by experts, show thousands of bodies tortured and starved to death in Syrian prisons.

"The joy I felt gave way to pain when I returned home, without being able to see my cousin," Sammawi said.

He said his uncle had also been arrested and then executed after he went to see his son in the hospital.

"When I returned, it was the first time I truly realized that they were no longer there," he said with sadness in his voice.

"My relatives had gotten used to their absence, but not me," he added. "We demand that justice be served, to alleviate our suffering."

While Assad's fall allowed many to end their exile and seek answers, others are hesitant.

Fadwa Mahmoud, 70, told AFP she has had no news of her son and her husband, both opponents of the Assad government arrested upon arrival at Damascus airport in 2012.

She fled to Germany a year later and co-founded the Families For Freedom human rights group.

She said she has no plans to return to Syria just yet.

"No one really knows what might happen, so I prefer to stay cautious," she said.

Mahmoud said she was disappointed that Syria's new authorities, who pledged justice for victims of atrocities under Assad's rule, "are not yet taking these cases seriously".

She said Syria's new leader Ahmed al-Sharaa "has yet to do anything for missing Syrians", yet "met Austin Tice's mother two hours" after she arrived in the Syrian capital.

Tice is an American journalist missing in Syria since 2012.

Sharaa "did not respond" to requests from relatives of missing Syrians to meet him, Mahmoud said.

"The revolution would not have succeeded without the sacrifices of our detainees," she said.