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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)
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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.

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Iran After Trump’s Win: Calls for New Approach, Challenge to Soleimani’s ‘Killer’

An Iranian holds a copy of the Hamshahri newspaper in a street in downtown Tehran (EPA)
An Iranian holds a copy of the Hamshahri newspaper in a street in downtown Tehran (EPA)
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Iran After Trump’s Win: Calls for New Approach, Challenge to Soleimani’s ‘Killer’

An Iranian holds a copy of the Hamshahri newspaper in a street in downtown Tehran (EPA)
An Iranian holds a copy of the Hamshahri newspaper in a street in downtown Tehran (EPA)

The Iranian Foreign Ministry spokesperson has said that Donald Trump’s victory in the US presidential election offers an opportunity for the US to reassess its “misguided policies.”

“What matters for Iran is the performance of the US administration,” said Ismail Baghai on Thursday, noting that Tehran had “bitter experiences” with past US policies.

He added that Trump’s win is a “chance to reconsider the previous wrong directions” of the US, according to the official IRNA news agency.

Iranian newspapers were divided, with some calling for Tehran to adopt a new approach, while others opposed the policies of the “architect of maximum pressure” and the “killer” of Gen. Qasem Soleimani.

On Wednesday, Iranian President Masoud Pezeshkian said the US election result was of no concern to Iran.

“It doesn't matter to us who won the US election, as our strength lies in our internal power and a great nation,” Pezeshkian said.

“We are not narrow-minded in developing relations with other countries, prioritizing ties with Islamic and neighboring nations,” he added, according to Iranian media. It was unclear if he was referring to the US, with which Iran has no diplomatic ties.

Supreme Leader Ali Khamenei has banned direct talks with the US.

On Wednesday, government spokesperson Fatemeh Mahdiani downplayed the importance of the election.

“The US presidential election won’t affect us. Iran’s policies remain unchanged,” she said.

“It doesn't matter who the US president is. We’ve already planned for various scenarios, given the sanctions on Iran for over 40 years,” she added.

Last Monday, Iranian Foreign Minister Abbas Araghchi said: “We don’t place much importance on the US election or who is elected.”

Baghai, speaking at his weekly press conference on Monday, said Iran’s stance on Trump is “clear” when asked how Tehran would respond if Trump offered to negotiate.

Trump’s victory comes amid rising tensions between Israel and Iran, with direct strikes exchanged after years of indirect conflict.

Reuters speculated that Trump’s return to office would mean stricter enforcement of US oil sanctions on Iran, which were imposed in 2018 after the US left the nuclear deal.

Trump criticized President Joe Biden’s policy of not enforcing strict sanctions on Iran’s oil exports, claiming it weakened the US and emboldened Tehran to expand its nuclear program and support armed groups.

In his first term, Trump reimposed sanctions after withdrawing from the 2015 nuclear deal, which had limited Iran’s nuclear program in exchange for economic benefits.

These sanctions hurt Iran’s oil exports, reduced government revenue, and led to unpopular measures like tax hikes, while inflation remained near 40%.

In September, Pezeshkian said Tehran was ready to resolve the nuclear issue with the West, which accuses Iran of seeking nuclear weapons.

Iran insists its nuclear program is for peaceful purposes, but officials have hinted at possibly changing its direction.

Biden tried to revive the nuclear deal but failed to reach a new agreement. It’s unclear if Trump would pursue a similar approach.

Trump’s victory in the US presidential election dominated Iranian newspapers on Thursday morning, with the reformist Sazandegi newspaper, under the headline “Trump’s Return,” saying that no decision-makers in Iran are comfortable with Trump’s win, as it could harm the country in several ways.

The paper, aligned with former President Ali Akbar Hashemi Rafsanjani’s faction, predicted that Trump might increase uncertainty, tighten sanctions, block Iran’s oil exports, and destabilize the economy, which would hurt ordinary Iranians.

The paper also suggested that the situation could change if the Iranian government adjusts its approach in response to Trump’s win but criticized Iran’s decision-makers for being slow to adapt.

It acknowledged that while Iran’s actions over the past 50 years have led all US administrations to view it as an enemy, the impact of the US president can vary.

The newspaper warned that Trump’s policies could lead to a bigger budget deficit, rising inflation, and a higher exchange rate, all of which would harm various sectors of Iran’s economy.

It noted that the country’s currency stability relies on oil revenues and foreign political relations.

With ongoing regional tensions and sanctions, any drop in oil revenues and difficulty accessing global markets could worsen Iran’s economic challenges, making it harder for the government to manage its budget and financial crises.

Analysts quoted by Sazandegi said Trump’s reelection might not lead to war but could result in harsher sanctions targeting Iran’s nuclear and missile programs without military action.

They also predicted that Russia might increase its pressure on Iran, potentially pushing the country toward a “Look East” strategy.

Reformist politician Mohammad Hashemi Rafsanjani wrote in Arman Emruz that Trump, as a businessman, would likely prefer economic cooperation with Iran over military conflict.

He suggested Trump might push for trade talks with Iran, opening the market to US companies, similar to European firms before the nuclear deal.

Hashemi noted that any conflict could drive up oil and gas prices, and as a businessman, Trump would likely avoid this. Instead, he would seek to strengthen economic ties between Iran and the US.

Hashemi also pointed out that the nuclear deal brought Iran significant economic benefits, including the return of $100 billion in frozen assets.

Arman Emruz warned that Trump’s return could escalate Middle East tensions and complicate relations with China and Russia over issues like Ukraine and Taiwan.

Etemad newspaper said that during his first term, Trump tried to turn Iran from a legitimate player into a pariah state, aiming to restrict and isolate it. It added that Trump’s return now is not in Iran’s interest.

The paper called for a “different policy” toward Trump. Reformist activist and former MP Mahmoud Sadeghi said it’s too early to assess Trump’s performance, especially since he won unexpectedly.

Sadeghi pointed out that for Iranians, the key concern is how Trump’s election will affect domestic issues, recalling his role in the strike that killed Gen. Soleimani five years ago.

He warned against falling into “self-sanctions” and urged Iran to address the Financial Action Task Force (FATF) rules to fight money laundering.

On regional policy, Sadeghi stressed the need for the government to act wisely to avoid being caught in the Netanyahu-Trump rivalry. He emphasized the importance of seizing every opportunity, no matter how small.

Former MP Heshmatollah Falahatpisheh compared Trump’s return to the Taliban’s return to power in Afghanistan and dismissed the idea that Democrats and Republicans are the same, especially on the nuclear deal.