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.



Donald Trump Has Sweeping Plans for 2nd Administration. Here's What He's Proposed

FILE - In this June 23, 2020, file photo, President Donald Trump tours a section of the border wall in San Luis, Ariz. (AP Photo/Evan Vucci, File)
FILE - In this June 23, 2020, file photo, President Donald Trump tours a section of the border wall in San Luis, Ariz. (AP Photo/Evan Vucci, File)
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Donald Trump Has Sweeping Plans for 2nd Administration. Here's What He's Proposed

FILE - In this June 23, 2020, file photo, President Donald Trump tours a section of the border wall in San Luis, Ariz. (AP Photo/Evan Vucci, File)
FILE - In this June 23, 2020, file photo, President Donald Trump tours a section of the border wall in San Luis, Ariz. (AP Photo/Evan Vucci, File)

Donald Trump has promised sweeping action in a second administration.

The former president and now president-elect often skipped over details but through more than a year of policy pronouncements and written statements outlined a wide-ranging agenda that blends traditional conservative approaches to taxes, regulation and cultural issues with a more populist bent on trade and a shift in America's international role.

Trump's agenda also would scale back federal government efforts on civil rights and expand presidential powers.

A look at what Trump has proposed, according to The Associated Press:

Immigration “Build the wall!” from his 2016 campaign has become creating “the largest mass deportation program in history.” Trump has called for using the National Guard and empowering domestic police forces in the effort. Still, Trump has been scant on details of what the program would look like and how he would ensure that it targeted only people in the US illegally. He’s pitched “ideological screening” for would-be entrants, ending birth-right citizenship (which almost certainly would require a constitutional change), and said he’d reinstitute first-term policies such as “Remain in Mexico,” limiting migrants on public health grounds and severely limiting or banning entrants from certain majority-Muslim nations. Altogether, the approach would not just crack down on illegal migration, but curtail immigration overall.

Abortion Trump played down abortion as a second-term priority, even as he took credit for the Supreme Court ending a woman’s federal right to terminate a pregnancy and returning abortion regulation to state governments. At Trump’s insistence, the GOP platform, for the first time in decades, did not call for a national ban on abortion. Trump maintains that overturning Roe v. Wade is enough on the federal level.

Still, Trump has not said explicitly that he would veto national abortion restrictions if they reached his desk. And in an example of how the conservative movement might proceed with or without Trump, anti-abortion activists note that the GOP platform still asserts that a fetus should have due process protections under the 14th Amendment’s equal protection clause. That constitutional argument is a roadmap for conservatives to seek a national abortion ban through federal courts.

Taxes Trump’s tax policies broadly tilt toward corporations and wealthier Americans. That’s mostly due to his promise to extend his 2017 tax overhaul, with a few notable changes that include lowering the corporate income tax rate to 15% from the current 21%. That also involves rolling back Democratic President Joe Biden’s income tax hikes on the wealthiest Americans and scrapping Inflation Reduction Act levies that finance energy measures intended to combat climate change.

Those policies notwithstanding, Trump has put more emphasis on new proposals aimed at working- and middle class Americans: exempting earned tips, Social Security wages and overtime wages from income taxes. It’s noteworthy, however, that his proposal on tips, depending on how Congress might write it, could give a back-door tax break to top wage earners by allowing them to reclassify some of their pay as tip income — a prospect that at its most extreme could see hedge-fund managers or top-flight attorneys taking advantage of a policy that Trump frames as being designed for restaurant servers, bartenders and other service workers.

Tariffs and trade Trump’s posture on international trade is to distrust world markets as harmful to American interests. He proposes tariffs of 10% to 20% on foreign goods — and in some speeches has mentioned even higher percentages. He promises to reinstitute an August 2020 executive order requiring that the Food and Drug Administration buy “essential” medications only from U.S. companies. He pledges to block purchases of “any vital infrastructure” in the US by Chinese buyers.

DEI, LGBTQ and civil rights Trump has called for rolling back societal emphasis on diversity and for legal protections for LGBTQ citizens. Trump has called for ending diversity, equity and inclusion programs in government institutions, using federal funding as leverage.

On transgender rights, Trump promises generally to end “boys in girls’ sports,” a practice he insists, without evidence, is widespread. But his policies go well beyond standard applause lines from his rally speeches. Among other ideas, Trump would roll back the Biden administration’s policy of extending Title IX civil rights protections to transgender students, and he would ask Congress to require that only two genders can be recognized at birth.

Regulation, federal bureaucracy and presidential power The president-elect seeks to reduce the role of federal bureaucrats and regulations across economic sectors. Trump frames all regulatory cuts as an economic magic wand. He pledges precipitous drops in US households’ utility bills by removing obstacles to fossil fuel production, including opening all federal lands for exploration — even though U.S energy production is already at record highs. Trump promises to unleash housing construction by cutting regulations — though most construction rules come from state and local government. He also says he would end “frivolous litigation from the environmental extremists.”

The approach would in many ways strengthen executive branch influence. That power would come more directly from the White House.

He would make it easier to fire federal workers by classifying thousands of them as being outside civil service protections. That could weaken the government’s power to enforce statutes and rules by reducing the number of employees engaging in the work and, potentially, impose a chilling effect on those who remain.

Trump also claims that presidents have exclusive power to control federal spending even after Congress has appropriated money. Trump argues that lawmakers’ budget actions “set a ceiling” on spending but not a floor — meaning the president’s constitutional duty to “faithfully execute the laws” includes discretion on whether to spend the money. This interpretation could set up a court battle with Congress.

As a candidate, he also suggested that the Federal Reserve, an independent entity that sets interest rates, should be subject to more presidential power. Though he has not offered details, any such move would represent a momentous change to how the US economic and monetary systems work.

Education The federal Department of Education would be targeted for elimination in a second Trump administration. That does not mean that Trump wants Washington out of classrooms. He still proposes, among other maneuvers, using federal funding as leverage to pressure K-12 school systems to abolish tenure and adopt merit pay for teachers and to scrap diversity programs at all levels of education. He calls for pulling federal funding “for any school or program pushing Critical Race Theory, gender ideology, or other inappropriate racial, sexual, or political content on our children.”

In higher education, Trump proposes taking over accreditation processes for colleges, a move he describes as his “secret weapon” against the “Marxist Maniacs and lunatics” he says control higher education. Trump takes aim at higher education endowments, saying he will collect “billions and billions of dollars” from schools via “taxing, fining and suing excessively large private university endowments” at schools that do not comply with his edicts. That almost certainly would end up in protracted legal fights.

As in other policy areas, Trump isn’t actually proposing limiting federal power in higher education but strengthening it. He calls for redirecting the confiscated endowment money into an online “American Academy” offering college credentials to all Americans without a tuition charges. “It will be strictly non-political, and there will be no wokeness allowed,” Trump said on Nov. 1, 2023.

Social Security, Medicare and Medicaid Trump insists he would protect Social Security and Medicare, popular programs geared toward older Americans and among the biggest pieces of the federal spending pie each year. There are questions about how his proposal not to tax tip and overtime wages might affect Social Security and Medicare. If such plans eventually involved only income taxes, the entitlement programs would not be affected. But exempting those wages from payroll taxes would reduce the funding stream for Social Security and Medicare outlays. Trump has talked little about Medicaid but his first administration, in general, defaulted to approving state requests for waivers of various federal rules and it broadly endorsed state-level work requirements for recipients.

Affordable Care Act and Health Care As he has since 2015, Trump calls for repealing the Affordable Care Act and its subsidized health insurance marketplaces. But he still has not proposed a replacement: In a September debate, he insisted he had the “concepts of a plan.” In the latter stages of the campaign, Trump played up his alliance with former presidential candidate Robert F. Kennedy Jr., a longtime critic of vaccines and of pesticides used in US agriculture. Trump repeatedly told rally crowds that he would put Kennedy in charge of “making America healthy again."

Climate and energy Trump, who claims falsely that climate change is a “hoax,” blasts Biden-era spending on cleaner energy designed to reduce US reliance on fossil fuels. He proposes an energy policy – and transportation infrastructure spending – anchored to fossil fuels: roads, bridges and combustion-engine vehicles. “Drill, baby, drill!” was a regular chant at Trump rallies. Trump says he does not oppose electric vehicles but promises to end all Biden incentives to encourage EV market development. Trump also pledges to roll back Biden-era fuel efficiency standards.

Workers’ rights Trump and Vice President-elect JD Vance framed their ticket as favoring America’s workers. But Trump could make it harder for workers to unionize. In discussing auto workers, Trump focused almost exclusively on Biden’s push toward electric vehicles. When he mentioned unions, it was often to lump “the union bosses and CEOs” together as complicit in “this disastrous electric car scheme.” In an Oct. 23, 2023, statement, Trump said of United Auto Workers, “I’m telling you, you shouldn’t pay those dues.”

National defense and America’s role in the world Trump’s rhetoric and policy approach in world affairs is more isolationist diplomatically, non-interventionist militarily and protectionist economically than the US has been since World War II. But the details are more complicated. He pledges expansion of the military, promises to protect Pentagon spending from austerity efforts and proposes a new missile defense shield — an old idea from the Reagan era during the Cold War. Trump insists he can end Russia’s war in Ukraine and the Israel-Hamas war, without explaining how. Trump summarizes his approach through another Reagan phrase: “peace through strength.” But he remains critical of NATO and top US military brass. “I don’t consider them leaders,” Trump said of Pentagon officials that Americans “see on television.” He repeatedly praised authoritarians like Hungary’s Viktor Orban and Russia’s Vladimir Putin.