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.



Doctor at the Heart of Türkiye Newborn Baby Deaths Case Says He was a 'Trusted' Physician

A doctor takes the footprint of a newborn baby for his birth certificate at a private clinic in Ankara, October 16, 2011. The world's population will reach seven billion on October 31, according to projections by the United Nations. Picture taken October 16, 2011. REUTERS/Umit Bektas (Türkiye - Tags: SOCIETY HEALTH)
A doctor takes the footprint of a newborn baby for his birth certificate at a private clinic in Ankara, October 16, 2011. The world's population will reach seven billion on October 31, according to projections by the United Nations. Picture taken October 16, 2011. REUTERS/Umit Bektas (Türkiye - Tags: SOCIETY HEALTH)
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Doctor at the Heart of Türkiye Newborn Baby Deaths Case Says He was a 'Trusted' Physician

A doctor takes the footprint of a newborn baby for his birth certificate at a private clinic in Ankara, October 16, 2011. The world's population will reach seven billion on October 31, according to projections by the United Nations. Picture taken October 16, 2011. REUTERS/Umit Bektas (Türkiye - Tags: SOCIETY HEALTH)
A doctor takes the footprint of a newborn baby for his birth certificate at a private clinic in Ankara, October 16, 2011. The world's population will reach seven billion on October 31, according to projections by the United Nations. Picture taken October 16, 2011. REUTERS/Umit Bektas (Türkiye - Tags: SOCIETY HEALTH)

The Turkish doctor at the center of an alleged fraud scheme that led to the deaths of 10 babies told an Istanbul court Saturday that he was a “trusted” physician.

Dr. Firat Sari is one of 47 people on trial accused of transferring newborn babies to neonatal units of private hospitals, where they were allegedly kept for prolonged and sometimes unnecessary treatments in order to receive social security payments.

“Patients were referred to me because people trusted me. We did not accept patients by bribing anyone from 112,” Sari said, referring to Türkiye's emergency medical phone line.

Sari, said to be the plot’s ringleader, operated the neonatal intensive care units of several private hospitals in Istanbul. He is facing a sentence of up to 583 years in prison in a case where doctors, nurses, hospital managers and other health staff are accused of putting financial gain before newborns’ wellbeing, The AP reported.

The case, which emerged last month, has sparked public outrage and calls for greater oversight of the health care system. Authorities have since revoked the licenses and closed 10 of the 19 hospitals that were implicated in the scandal.

“I want to tell everything so that the events can be revealed,” Sari, the owner of Medisense Health Services, told the court. “I love my profession very much. I love being a doctor very much.”

Although the defendants are charged with the negligent homicide of 10 infants since January 2023, an investigative report cited by the state-run Anadolu news agency said they caused the deaths of “hundreds” of babies over a much longer time period.

Over 350 families have petitioned prosecutors or other state institutions seeking investigations into the deaths of their children, according to state media.

Prosecutors at the trial, which opened on Monday, say the defendants also falsified reports to make the babies’ condition appear more serious so as to obtain more money from the state as well as from families.

The main defendants have denied any wrongdoing, insisting they made the best possible decisions and are now facing punishment for unavoidable, unwanted outcomes.

Sari is charged with establishing an organization with the aim of committing a crime, defrauding public institutions, forgery of official documents and homicide by negligence.

During questioning by prosecutors before the trial, Sari denied accusations that the babies were not given the proper care, that the neonatal units were understaffed or that his employees were not appropriately qualified, according to a 1,400-page indictment.

“Everything is in accordance with procedures,” he told prosecutors in a statement.

The hearings at Bakirkoy courthouse, on Istanbul’s European side, have seen protests outside calling for private hospitals to be shut down and “baby killers” to be held accountable.

The case has also led to calls for the resignation of Health Minister Kemal Memisoglu, who was the Istanbul provincial health director at the time some of the deaths occurred. Ozgur Ozel, the main opposition party leader, has called for all hospitals involved to be nationalized.

In a Saturday interview with the A Haber TV channel, Memisoglu characterized the defendants as “bad apples” who had been “weeded out.”

“Our health system is one of the best health systems in the world,” he said. “This is a very exceptional, very organized criminal organization. It is a mistake to evaluate this in the health system as a whole.”

Memisoglu also denied the claim that he shut down an investigation into the claims in 2016, when he was Istanbul’s health director, calling it “a lie and slander.”

Turkish President Recep Tayyip Erdogan said this week that those responsible for the deaths would be severely punished but warned against placing all the blame on the country’s health care system.

“We will not allow our health care community to be battered because of a few rotten apples,” he said.