Established in 2002 and headquartered in The Hague, ICC is a criminal Courts can sue individuals for war crimes or crimes against humanity.
Most recently, on Monday it issued an arrest warrant request for Israeli Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant and three leaders of Hamas, the de facto government in Gaza.
The arrest warrants – which must now be formally approved by ICC judges – are related to alleged war crimes stemming from the seven-month war in Gaza sparked by Hamas-led attacks in Israel cause.
Here are five facts about the ICC and how it helps build a fairer world.
Prime Minister Benjamin Netanyahu of Israel addresses the General Assembly in September 2023.
1. Trial of the most serious crimes
The ICC was founded with the “millions of children, women and men” in mind who “have been victims of unimaginable atrocities that have deeply shocked the conscience of humanity.” .
It is the world’s first permanent treaty-based international criminal court to investigate and prosecute criminals. crimes against humanity, war crimes, genocide and crimes of aggression.
The Court has successfully prosecuted individuals for war crimes committed in the former Yugoslavia, including in Srebrenica, and has resolved cases of significance to international justice, shedding light on crimes using child soldiers, destruction of cultural heritage, sexual violence or attacks on victims. innocent civilians. Through its judgments in exemplary cases, it is gradually building authoritative case law.
The court has investigated some of the world’s most violent conflicts, including in Darfur, the Democratic Republic of Congo (DRC), Gaza, Georgia and Ukraine. It currently holds public hearingwith 31 cases in its docket, and its warrant list included Russian President Vladimir Putin as well as individuals within Glass of beer.
However, issuing arrest warrants for suspects is a challenge. The court has no police to enforce its orders and depends on member states to carry out its orders. Most of the individuals prosecuted by the court are from African countries.
A child with severe acute malnutrition and dehydration is treated at a field hospital in southern Gaza in April 2024.
2. Related to the victim
On any given day, if you watch ICC proceedings, you will likely hear witness statements or hear from an attorney representing the victim’s perspective in court. Their accounts are essential to the trial process.
Courts not only try and punish those responsible for the most serious crimes but also ensure that the voices of victims are heard. Victims are those who have suffered harm as a result of the commission of any crime within the jurisdiction of the court.
Victims participate in all stages of ICC judicial proceedings. More than 10,000 victims of brutal crimes have participated in the proceedings, and the court maintains direct contact with crime-affected communities within its jurisdiction through community outreach programs.
Courts also seek to protect the physical and psychological safety and integrity of victims and witnesses. Although victims cannot sue, they can give information to the Prosecutor, including deciding whether to open an investigation.
The ICC Trust Fund for Victims is now making the Court’s first orders on reparations a reality, including claims for victims and their families in the DRC. Through its support programmes, the Trust has also provided physical, psychological and socio-economic support to more than 450,000 victims.
ICC prosecutor Karim Khan visits a landfill in Tarhunah, Libya, where several mass graves were identified. (document)
3. Ensure fair trial
All defendants are presumed innocent until proven guilty beyond a reasonable doubt before the ICC. Every defendant has the right to a public and impartial trial.
At the ICC, suspects and accused persons have sovereign rights, including: to be informed of charges; have enough time and means to prepare a defense; be tried without delay; freedom to choose a lawyer; and receive exculpatory evidence from the Prosecutor.
Among these rights is the right to follow the proceedings in a language fully understood by the defendant. This has resulted in courts having to hire specialized interpreters and translators for more than 40 languages, sometimes using four languages simultaneously in the same hearing.
During the first 20 years, participants faced many new substantive and procedural challenges, miles from the crime scene. Additionally, the crimes prosecuted by the ICC are specific in nature and are often serial crimes requiring significant amounts of evidence and a great deal of effort to ensure the safety of witnesses. The litigation process is complex and there are many issues that need to be resolved implicitly throughout the course of a case.
Dorika, a rape survivor in North Kivu, Democratic Republic of Congo. (document)
4. Addition of national courts
The court does not replace national courts. It is a court of last resort. States have the primary responsibility for investigating, trying and punishing the perpetrators of the most serious crimes.
The Court will only intervene if the State in which serious crimes fall within its jurisdiction are unwilling or unable to effectively deal with those crimes.
Serious violence is escalating rapidly around the world. Court resources are limited and can only handle a small number of cases at a time. The Court also cooperates closely with national and international courts.
Vladimir Putin, President of Russia, speaks at the General Assembly in 2015.
5. Build more support for justice
With the support of more than 120 member states, from all continents, the ICC has become an independent and permanent judicial organization.
However, unlike the national judicial system, the court does not have its own police force. It depends on the cooperation of states, including the execution of their arrest warrants or summonses.
The court also has no territory to relocate witnesses who are in danger. Therefore, the ICC depends largely on the support and cooperation of states.
How is the ICJ different from the ICC?
There is often confusion between International Criminal Court (ICC) and International Court of Justice (ICJ). Here is an overview of their differences:
- The simplest way to explain the difference is that the ICJ cases concern states and the ICC is a criminal court that specializes in trying individuals for war crimes or crimes against humanity.
- While the ICJ is an agency of the United Nations, the ICC is legally independent of the United Nations, although approved by the General Assembly.
- Although not all 193 United Nations Member States are members of the ICC, the body can conduct investigations and open cases relating to alleged crimes committed on its territory. territory or by a national of a State Party to the ICC or of a State that has accepted its jurisdiction.
- Learn more about the ICJ in explainer.
