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.



Israel Warfare Methods 'Consistent With Genocide', Says UN Committee

Israel's warfare practices in Gaza "are consistent with the characteristics of genocide", according to the United Nations Special Committee - AFP
Israel's warfare practices in Gaza "are consistent with the characteristics of genocide", according to the United Nations Special Committee - AFP
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Israel Warfare Methods 'Consistent With Genocide', Says UN Committee

Israel's warfare practices in Gaza "are consistent with the characteristics of genocide", according to the United Nations Special Committee - AFP
Israel's warfare practices in Gaza "are consistent with the characteristics of genocide", according to the United Nations Special Committee - AFP

Israel's warfare in Gaza is consistent with the characteristics of genocide, a special UN committee said Thursday, accusing the country of "using starvation as a method of war".

The United Nations Special Committee pointed to "mass civilian casualties and life-threatening conditions intentionally imposed on Palestinians", in a fresh report covering the period from Hamas's deadly October 7 attack in Israel last year through to July, AFP reported.

"Through its siege over Gaza, obstruction of humanitarian aid, alongside targeted attacks and killing of civilians and aid workers, despite repeated UN appeals, binding orders from the International Court of Justice and resolutions of the Security Council, Israel is intentionally causing death, starvation and serious injury," it said in a statement.

Israel's warfare practices in Gaza "are consistent with the characteristics of genocide", said the committee, which has for decades been investigating Israeli practices affecting rights in the occupied Palestinian territories.

Israel, it charged, was "using starvation as a method of war and inflicting collective punishment on the Palestinian population".

A UN-backed assessment at the weekend warned that famine was imminent in northern Gaza.

Thursday's report documented how Israel's extensive bombing campaign in Gaza had decimated essential services and unleashed an environmental catastrophe with lasting health impacts.

By February this year, Israeli forces had used more than 25,000 tonnes of explosives across the Gaza Strip, "equivalent to two nuclear bombs", the report pointed out.

"By destroying vital water, sanitation and food systems, and contaminating the environment, Israel has created a lethal mix of crises that will inflict severe harm on generations to come," the committee said.

The committee said it was "deeply alarmed by the unprecedented destruction of civilian infrastructure and the high death toll in Gaza", where more than 43,700 people have been killed since the war began, according to the health ministry in the Hamas-run territory.

The staggering number of deaths raised serious concerns, it said, about Israel's use of artificial intelligence-enhanced targeting systems in its military operations.

"The Israeli military’s use of AI-assisted targeting, with minimal human oversight, combined with heavy bombs, underscores Israel’s disregard of its obligation to distinguish between civilians and combatants and take adequate safeguards to prevent civilian deaths," it said.

It warned that reported new directives lowering the criteria for selecting targets and increasing the previously accepted ratio of civilian to combatant casualties appeared to have allowed the military to use AI systems to "rapidly generate tens of thousands of targets, as well as to track targets to their homes, particularly at night when families shelter together".

The committee stressed the obligations of other countries to urgently act to halt the bloodshed, saying that "other States are unwilling to hold Israel accountable and continue to provide it with military and other support".