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.



Efforts that Averted the Collapse of the Gaza Ceasefire

Displaced Palestinians arrive in the northern Gaza Strip, following Israel's decision to allow thousands of them to go back for the first time since the early weeks of the 15-month war with Hamas, Monday, Jan. 27, 2025. (AP)
Displaced Palestinians arrive in the northern Gaza Strip, following Israel's decision to allow thousands of them to go back for the first time since the early weeks of the 15-month war with Hamas, Monday, Jan. 27, 2025. (AP)
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Efforts that Averted the Collapse of the Gaza Ceasefire

Displaced Palestinians arrive in the northern Gaza Strip, following Israel's decision to allow thousands of them to go back for the first time since the early weeks of the 15-month war with Hamas, Monday, Jan. 27, 2025. (AP)
Displaced Palestinians arrive in the northern Gaza Strip, following Israel's decision to allow thousands of them to go back for the first time since the early weeks of the 15-month war with Hamas, Monday, Jan. 27, 2025. (AP)

The Gaza truce faced fresh challenges over the last two days as Israel refused to allow displaced Palestinians in southern and central Gaza to return to the north, a key part of the agreement.

Instead, Israel insisted on the release of Israeli captive Arbel Yehoud before permitting any returns, raising concerns the deal could collapse.

The situation worsened after Hamas handed over four Israeli female captives. Hamas demanded mediators pressure Israel to honor its promises, including allowing displaced Palestinians to return.

Israel, however, refused to proceed until Yehoud’s release or guarantees for her return, with a critical deadline looming on Saturday.

Sources told Asharq Al-Awsat that Yehoud, held by Islamic Jihad and the Popular Resistance Committees, was confirmed alive after coordination with Hamas. However, Israel requested proof of life, a demand rejected by Palestinian factions to avoid giving Israel leverage without concessions.

Hamas took charge of negotiations, insisting that displaced Palestinians return before Yehoud’s release to prevent any potential Israeli deception. Disagreements also arose over Yehuod’s classification.

Hamas argued she was a reserve soldier, requiring 50 Palestinian prisoners to be freed in exchange. Israel claimed she was a civilian, which would reduce the exchange to 30 detainees.

Israel demanded a full list of captives set for release in the first phase. Palestinian factions complied, revealing more living captives than expected, which advanced talks on the return of displaced Palestinians.

To ease tensions, mediators suggested releasing two additional Israeli captives alongside Yehoud. Eventually, the factions agreed to release 30 Palestinian detainees as part of the exchange.

Hamas announced plans to release three more captives on Saturday, showing its ability to negotiate further exchanges.

However, sources warned of potential Israeli attempts to delay or undermine the agreement, especially as Prime Minister Benjamin Netanyahu faces internal opposition within his government.

Meanwhile, more Palestinian faction leaders arrived in Cairo for talks with Egyptian mediators to prepare for the next phase of negotiations.

This phase will address rebuilding Gaza, governance under Hamas, and other post-war issues, which are expected to be even more challenging.

As tensions remain high, the truce hangs in the balance, with both sides maneuvering to secure their demands while avoiding a collapse of the fragile agreement.