Justice on the world stage: What is the International Criminal Court?
The International Criminal Court (ICC) is a key institution in the fight against the most serious crimes, but its decisions often spark controversy and polarize the global community. A recent indictment of Israeli leaders for war crimes and crimes against humanity related to actions in the Gaza Strip has ignited heated debates about the court's role and effectiveness. In this article, a Kazinform News Agency correspondent delves into the ICC’s ability to influence international justice and order.
The history of the International Criminal Court
The ICC is the first permanent international judicial body in history dedicated to prosecuting individuals responsible for the gravest crimes threatening global peace and security. It was established in 2002 under the Rome Statute adopted in 1998.
The ICC is headquartered in The Hague, Netherlands. Currently, 123 countries are parties to the Rome Statute; however, major powers such as the USA, Russia, China, and India do not recognize the court's jurisdiction.
It’s important not to confuse the ICC with the International Court of Justice (ICJ), which is also based in The Hague but has different jurisdiction.
Core mandate and jurisdiction
The ICC focuses on prosecuting severe crimes, including genocide, war crimes, crimes against humanity, and crimes of aggression. Its primary mission is to combat impunity and ensure justice is served.
The court exclusively addresses these crimes and does not deal with any others. Additionally, it cannot examine cases that occurred before its establishment on July 1, 2002.
The ICC has jurisdiction over crimes committed on the territory of member states or by their citizens. In some instances, cases can also be referred to the ICC by the United Nations Security Council (UNSC).
Cases are initiated at the request of a member state, at the initiative of the ICC Prosecutor and by decision of the UNSC.
The procedure consists of four stages: conducting a preliminary investigation, issuing arrest warrants, holding a trial, and delivering a verdict of either conviction or acquittal.
The ICC imposes only criminal penalties (such as imprisonment for up to 30 years or life sentences, - editor's note), and does not apply the death penalty.
Landmark cases of the ICC: successes and failures
The International Criminal Court has handled cases against several high-ranking state leaders, but only a few of them have faced actual punishment.
Successful cases
- Jean-Pierre Bemba, Vice President of the Democratic Republic of Congo (2003–2006), was charged with war crimes and crimes against humanity, including murder, rape, and pillaging committed by his militia in the Central African Republic. In 2016, the ICC sentenced him to 18 years in prison. However, in 2018, the ICC's Appeals Chamber overturned the conviction, citing insufficient evidence of his personal responsibility.
- Ahmad Al-Faqi Al-Mahdi, militant commander linked to Ansar Dine in Mali, was accused of deliberately destroying UNESCO-protected cultural sites, including mausoleums in Timbuktu. In 2016, he was sentenced to 9 years in prison. He is now serving his sentence, has admitted his guilt and has repented.
- Dominic Ongwen, commander of the Lord's Resistance Army (LRA) in Uganda, was charged with war crimes and crimes against humanity, including murder, abduction, enslavement, and sexual violence. In 2021, he was sentenced to 25 years in prison.
Unresolved Cases
- Omar al-Bashir, President of Sudan (1989–2019), was charged with genocide, war crimes, and crimes against humanity in Darfur. The ICC issued an arrest warrant for him in 2009, but he has not been handed over to the court. After being overthrown in 2019, he remains in Sudanese custody, with authorities debating his potential extradition to the ICC. Despite the warrant, al-Bashir continued to visit countries such as Saudi Arabia and China, highlighting the court's weakness in enforcing its decisions.
- Muammar Gaddafi, Libyan leader (1969–2011), was accused of crimes against humanity for the violent suppression of protesters during the civil war. An ICC arrest warrant was issued in 2011, but Gaddafi was killed later that year before he could be arrested and brought to trial.
- Saif al-Islam Gaddafi, Muammar Gaddafi’s son and potential successor, was charged with crimes against humanity for his role in suppressing protests in 2011. The arrest warrant remains active, but he has not been handed over to the ICC.
- Uhuru Kenyatta, President of Kenya (2013–2022), faced ICC charges for allegedly organizing post-election violence in 2007. The case was dismissed due to insufficient evidence. The Kenyatta case also demonstrated the court's dependence on political will: the lack of evidence was due to Kenya's refusal to cooperate in the investigation.
- Vladimir Putin, President of Russia. On March 17, 2023, the ICC issued an arrest warrant for Putin, accusing him of the illegal deportation of children from Ukraine to Russia. The decision has triggered widespread international controversy, as it represents the first instance of the court prosecuting a leader of a major global power. However, Russia rejected the ICC's jurisdiction and called the court's actions legally null and void. Back in November 2016, Vladimir Putin signed a decree on Russia’s withdrawal from the Rome Statute.
- Benjamin Netanyahu, Prime Minister of Israel, and Yoav Gallant, former Defense Minister. On November 21, 2024, the ICC issued arrest warrants for Netanyahu and Gallant, accusing them of war crimes and crimes against humanity committed in Gaza. Israel disputes the ICC's jurisdiction and the validity of the warrants, asserting its right to self-defense and criticizing the court's actions as politically motivated.
Can the ICC handle cases related to Kazakhstan?
Despite its active role in international diplomacy, Kazakhstan has not signed the Rome Statute. This decision is probably connected with the desire to maintain balance in relations with key partners.
Despite this, the ICC could theoretically investigate cases related to Kazakhstan if the crimes were committed on the territory of an ICC member state, or if the case is referred to the court by the UNSC.
Such situations are exceedingly rare and require substantial international backing.
Criticism and Challenges
The ICC faces frequent criticism for selectivity, as it has been accused of disproportionately targeting individuals from African countries compared to other regions.
Additionally, the ICC can only consider cases involving countries that are parties to the Rome Statute or those referred by the UNSC. Certain nations, like the USA, China, and Russia, do not recognize the court's jurisdiction, which restricts its scope of action.
The ICC is often criticized for its dependence on the political will of states. This was evident in the case of Omar al-Bashir, who continued to travel to countries that do not recognize the court's jurisdiction despite the issuance of arrest warrants against him.
Importantly, the court does not have its own police force and relies on states to enforce arrest warrants.
Importance and prospects
Despite its challenges, the ICC plays a vital role in promoting global justice. Its significance is viewed differently depending on context and perspective.
The court serves as a reminder that even high-ranking state leaders are not immune to accountability. Furthermore, the potential for ICC prosecution acts as a deterrent for some political leaders and military commanders.
