Five Things to Know about the International Criminal Courthttps://english.aawsat.com/home/article/3724736/five-things-know-about-international-criminal-court
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)
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)
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.
Iran in a Quarter Century: Clash Between the ‘Revolution’ and the Statehttps://english.aawsat.com/features/5095277-iran-quarter-century-clash-between-%E2%80%98revolution%E2%80%99-and-state
Iran in a Quarter Century: Clash Between the ‘Revolution’ and the State
An Iranian woman walks by the former US embassy in Tehran. (AFP)
For the past quarter century, Iran endured a bitter conflict between the ideological aspects of the “revolution” and the strategic view aimed at protecting the state and its interests in a changing world.
Despite hopes for radical change, attempts to achieve reform collided with resistance from the traditional centers of power, preventing real reconciliation between the contradiction in the principles of the “revolution” and the demands of national reforms, or at least achieving some form of sustainable agreement between these opposing movements.
Since 2000, Iran witnessed the election of five presidents with limited jurisdiction, and five parliamentary elections, which were dominated by either of the main reformist and conservative movements, amid the ongoing debate over the nature of rule, its agenda and priorities.
Since the 1979 revolution, the jurisdiction of the parliament and government has been fully under the control of the decision-making centers in the country, with Supreme Leader Ali Khamenei at the top of the pyramid. The supreme leader enjoys almost absolute power, making him above all state institutions.
Meanwhile, the role of the military and political institutions, such as the Iranian Revolutionary Guards Corps (IRGC) and Guardian Council, expanded as they maintained their role in protecting the ideological principles of the ruling system. The system is based on a constitution that is in turn based on the Wilayat al-Faqih. These institutions are the main tools for preserving the identity of the “Islamic Republic” and bolstering its position that is hostile to the West.
Some 45 years after its “Islamic Revolution”, Iran has yet to reconcile the contradictions between its principles and national interests. (Getty Images)
Khatami and shift in the conflict
The beginning of the new millennium in Iran coincided with a decisive moment in reformist President Mohammed Khatami’s term (1997-2005). The period was marked with the intensification of the confrontation between the reformists and conservatives. The latter sought to obstruct reforms pursued by Khatami, especially in civil freedoms and freedom of expression.
The non-elected institutions that are under Khamenei’s direct supervision, such as the Guardian Council and judiciary, played a decisive role in obstructing reform measures, creating challenges for the reformists in achieving their political and social agendas.
Khatami’s term in office witnessed a major shift in the clash between the supporters of the ideology of the revolution and those calling for achieving strategic interests. He believed that the reforms were a strategic need to secure the continuity of the system of rule and its ability to adapt to internal and external changes. His critics, however, believed that his approach threatened the very foundations of the Wilayat al-Faqih.
Iran worked on improving its relations with the West and boosting its national identity through the Dialogue Among Civilizations, but the September 11, 2001, attacks and the US invasion of Iraq in 2003 were a blow to these efforts.
Iran saw in the collapse of Saddam Hussein’s regime in neighboring Iraq an opportunity to expand its ideological influence through supporting groups that were affiliated with Iran or were established within its territory. The nuclear file also undermined the Dialogue Among Civilizations initiative and efforts to build trust with the West, thereby increasing Iran’s isolation and regional and international tensions.
The Iranian Revolutionary Guards played a main role in the nuclear program and regional wars. (Khamenei’s official website)
IRGC and the regional role
The IRGC played a main role in issues related to the nuclear program, internal developments and the wars in Afghanistan and Iraq at the end of Khatami’s term.
In Afghanistan, the IRGC supported the United States in ousting the Taliban from power. In Iraq, the IRGC’s Quds Force led armed Iraqi factions in bolstering Iranian influence that persist to this day. Under General Qassem Soleimani’s leadership, the Quds Force also expanded its operations in Lebanon, helping establish a network that ran parallel to Iranian diplomacy in regional politics.
Iran felt threatened by the US’ bolstered military presence in the region, leading it to expand its security and strategic plans, starting with the nuclear and ballistic missiles programs.
In 2002, the discovery of secret nuclear facilities aroused suspicions among the international community about Iran’s nuclear ambitions and the possibility that it would pursue the production of a nuclear bomb. Amid the rising tensions, the West shifted its priorities towards Tehran to curbing its nuclear activities. Moreover, US officials, especially during President George W. Bush’s term, threatened on numerous occasions to use military force against Iran if it continued to pursue its nuclear ambitions.
Iran has bolstered its influence in the Middle East, stoking tensions with regional powers. (AP)
Nuclear file and internal tensions
The nuclear file has been a source of tension inside and outside Iran ever since. On the domestic level, it sparked debate about the country’s national priorities. The reformists sought to maintain Tehran’s international relations and ease tensions, while the conservatives clung on to their ideological principles.
In 2003, Tehran declared that it was voluntarily ending its uranium enrichment as part of the Amad Plan agreement reached with the European troika. In return, it received a pledge that the file would not be referred to the UN Security Council and that economic ties would be established with Europe. That same year, Iran heavily promoted Khamenei’s fatwa that barred the production, storing or use of nuclear weapons.
The US, however, remained suspicious of Iran’s intentions. It believed that agreements were not enough and it accused Iran of expanding its nuclear program, leading it to impose sanctions on its banks and energy sector. During the term of President Mahmoud Ahmedinejad, it referred the program to the Security Council – a move that was welcomed by the international community. The move prompted Iran to adopt an aggressive policy against western powers.
Iran has never officially declared that it was developing nuclear weapons. In 2007, US intelligence released a report that said Tehran had stopped its nuclear weapons development in 2003, helping to soften the American position against it.
Throughout Ahmedinejad’s eight years in office, tensions rose with the West over the nuclear program. Tehran raised its level of uranium enrichment to 20 percent while the president insisted on his country’s right to the peaceful use of nuclear technology. In return, crippling sanctions were imposed on its nuclear program, oil exports and economy.
Khamenei meets with veterans from the Iraqi-Iranian war. (EPA)
Iran and the ‘Arab Spring’
On the foreign level, Iran aspired to bolster relations with Arab, African and Latin American countries. It also backed armed groups like Hezbollah in Lebanon and Hamas.
With the eruption of the “Arab Spring” revolts, Iran sought to consolidate its influence in the Middle East, especially in Iraq, Syria, Lebanon and Yemen, stoking tensions with regional powers and Arab countries. Supporting Bashar al-Assad's regime in Syria was also a top priority for Ahmedinejad before he was succeeded by Hassan Rouhani.
On the domestic level, Iran went through a huge crisis after Ahmedinejad won the 2009 elections. The wave of “Green Movement” demonstrations erupted in protest against the elections results between Ahmedinejad, and reformist candidates Mir Hossein Moussavi and Mehdi Karroubi.
After Ahmedinejad’s term ended, Iran tried to ease tensions with the West. It took part in nuclear negotiations aimed at managing tensions with the major powers. Two years of negotiations led to the 2015 nuclear deal, known as the Joint Comprehensive Plan of Action (JCPOA), that suspended UN sanctions on Iran and lifted restrictions on its nuclear program.
The supreme leader played a pivotal role in the negotiations. He set red lines when it came to maintaining Iran’s right to uranium enrichment, lifting economic sanctions and refusing visits to military facilities by international inspectors.
Khamenei cautiously supported Rouhani’s negotiating team at the nuclear talks despite pressure from conservative movements. The negotiations struck a balance between ideology and strategic interests as Iran sought to maintain its “revolutionary” slogans, while adapting to international changes, confronting economic and security challenges and continuing to fund its regional activities to ensure that it remained a main player in the Middle East.
The IRGC continued to consolidate Iran’s influence in the region, especially in Syria and Iraq, and Khamenei threatened to expel American forces from the region. The tensions alarmed the American administration leading then President Donald Trump to pull Washington out of the nuclear deal in 2018.
Qassem Soleimani. (Tasnim)
Patience in handling pressure
In confronting Trump’s “maximum pressure” campaign, including preventing Iran from selling oil, Tehran adopted a policy of “walking on the edge of the abyss” and of “strategic patience.” Regional tensions also spiked with the IRGC seizing oil tankers after Tehran threatened to block oil shipping lanes. Trump consequently designated the IRGC as terrorist.
Trump would also order the killing of Quds Forces commander Soleimani in Baghdad in January 2020. The move took Iranian-American tensions to a whole new level and threatened to spark a direct war between the two countries.
In a leaked 2021 recording, then foreign minister Mohammed Javad Zarif called for striking a balance between foreign policy and the policy on the field, a reference to the Quds Force that leads the IRGC’s foreign operations. The recordings exposed an internal rift between the ideological and pragmatic movements in Iran, with the latter wanting to achieve interests, such as the lifting of sanctions.
Zarif defended his conviction that diplomatic work relies on the situation on the ground and vice versa, meaning diplomacy can grant “international legitimacy” to achievements on the field.
When US President Joe Biden came to office, Khamenei used his influence to support the IRGC and showed limited leniency in managing tensions through new nuclear negotiations. Biden tried to return to the nuclear pact with Tehran, but Iran’s unprecedented nuclear measures adopted by conservative late President Ebrahim Raisi and Russia’s war on Ukraine thwarted diplomacy.
18 December 2024, Iran, Tehran: Iran's President Masoud Pezeshkian speaks during the Cabinet meeting in Tehran. (Iranian Presidency/dpa)
Raisi and the ‘revolutionary government’
Under Raisi, Tehran pursued diplomacy at the negotiating table with the West, but the talks never made it to the finish line.
His term in office was cut short by his death in a helicopter crash in May 2024. His time in power was marked by loyalty to the supreme leader’s view of forming a “revolutionary government” and limiting state power to conservatives.
Raisi effectively followed in the same footsteps as Ahmedinejad: Tehran sought rapprochement with regional forces, while hoping to circumvent sanctions and speed up its nuclear activities.
Raisi was succeeded by Masoud Pezeshkian, who was backed reformists. He pledged to maintain the policy of turning to the east and bolstering relations with China and Russia. He also sought to lift sanctions on Iran by returning to nuclear negotiations.
On the regional level, Tehran’s “shadow war” with Israel came out to the open and the two sides traded direct blows. Following Raisi’s death, Iran continued to suffer more setbacks, notably the collapse of the Assad regime in Syria and the weakening of Hezbollah and Hamas’ roles. These developments will weaken the IRGC’s regional role, but it could seek to compensate for its losses in other regions, even inside Iran itself.
Pezeshkian and internal reconciliation
Pezeshkian’s presidency is seen as an opportunity to achieve internal reconciliation in Iran at a critical time when the people are preoccupied with the issue of Khamenei’s successor. Iran is unlikely to introduce radical change to its relations with the West and Pezeshkian may be granted limited jurisdiction in the nuclear negotiations.
Soon after Trump’s re-election as president, Pezeshkian stressed the need to manage relations and the confrontation with the US. He said his government will follow the strategy of the ruling system.
Pezeshkian will likely receive the backing of the supreme leader and IRGC to reach a settlement that would ease pressure on Iran. This does not necessarily mean that Iran will be moving away from the edge of the abyss. On the contrary, it could reflect an attempt to widen the margin for maneuver amid the tensions with the West. Iran is expected to follow this approach in the near future or at least when the identity of the third supreme leader is revealed.
