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.



Little Hope in Gaza that Arrest Warrants will Cool Israeli Onslaught

Palestinians gather to buy bread from a bakery, amid the Israel-Hamas conflict, in Khan Younis, in the southern Gaza Strip November 22, 2024. REUTERS/Hussam Al-Masri Purchase Licensing Rights
Palestinians gather to buy bread from a bakery, amid the Israel-Hamas conflict, in Khan Younis, in the southern Gaza Strip November 22, 2024. REUTERS/Hussam Al-Masri Purchase Licensing Rights
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Little Hope in Gaza that Arrest Warrants will Cool Israeli Onslaught

Palestinians gather to buy bread from a bakery, amid the Israel-Hamas conflict, in Khan Younis, in the southern Gaza Strip November 22, 2024. REUTERS/Hussam Al-Masri Purchase Licensing Rights
Palestinians gather to buy bread from a bakery, amid the Israel-Hamas conflict, in Khan Younis, in the southern Gaza Strip November 22, 2024. REUTERS/Hussam Al-Masri Purchase Licensing Rights

Gazans saw little hope on Friday that International Criminal Court arrest warrants for Israeli leaders would slow down the onslaught on the Palestinian territory, where medics said at least 24 people were killed in fresh Israeli military strikes.

In Gaza City in the north, an Israeli strike on a house in Shejaia killed eight people, medics said. Three others were killed in a strike near a bakery and a fisherman was killed as he set out to sea. In the central and southern areas, 12 people were killed in three separate Israeli airstrikes.

Meanwhile, Israeli forces deepened their incursion and bombardment of the northern edge of the enclave, their main offensive since early last month. The military says it aims to prevent Hamas fighters from waging attacks and regrouping there; residents say they fear the aim is to permanently depopulate a strip of territory as a buffer zone, which Israel denies.

Residents in the three besieged towns on the northern edge - Jabalia, Beit Lahiya and Beit Hanoun - said Israeli forces had blown up dozens of houses.

An Israeli strike hit the Kamal Adwan Hospital in Beit Lahiya, one of three medical facilities barely operational in the area, injuring six medical staff, some critically, the Gaza health ministry said in a statement, Reuters reported.

"The strike also destroyed the hospital's main generator, and punctured the water tanks, leaving the hospital without oxygen or water, which threatens the lives of patients and staff inside the hospital," it added. It said 85 wounded people including children and women were inside, eight in the ICU.

Later on Friday, the Gaza health ministry said all hospital services across the enclave would stop within 48 hours unless fuel shipments are permitted, blaming restrictions which Israel says are designed to stop fuel being used by Hamas.

Gazans saw the ICC's decision to seek the arrest of Israeli leaders for suspected war crimes as international recognition of the enclave's plight. But those queuing for bread at a bakery in the southern city of Khan Younis were doubtful it would have any impact.

"The decision will not be implemented because America protects Israel, and it can veto anything. Israel will not be held accountable," said Saber Abu Ghali, as he waited for his turn in the crowd.

Saeed Abu Youssef, 75, said even if justice were to arrive, it would be decades late: "We have been hearing decisions for more than 76 years that have not been implemented and haven't done anything for us."

Since Hamas's October 7th attack on Israel, nearly 44,000 Palestinians have been killed in Gaza, much of which has been laid to waste.

The court's prosecutors said there were reasonable grounds to believe Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant were criminally responsible for acts including murder, persecution, and starvation as a weapon of war, as part of a "widespread and systematic attack against the civilian population of Gaza".

The Hague-based court also ordered the arrest of the top Hamas commander Ibrahim Al-Masri, also known as Mohammed Deif. Israel says it has already killed him, which Hamas has not confirmed.

Israel says Hamas is to blame for all harm to Gaza's civilians, for operating among them, which Hamas denies.

Israeli politicians from across the political spectrum have denounced the ICC arrest warrants as biased and based on false evidence, and Israel says the court has no jurisdiction over the war. Hamas hailed the arrest warrants as a first step towards justice.

Efforts by Arab mediators Qatar and Egypt backed by the United States to conclude a ceasefire deal have stalled. Hamas wants a deal that ends the war, while Netanyahu has vowed the war can end only once Hamas is eradicated.