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THE HAGUE (Reuters)
Here are some background facts on the International Criminal Court (ICC), which has issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and his former defence chief, as well as a Hamas leader, Ibrahim Al-Masri, for alleged war crimes and crimes against humanity in the Gaza conflict.
- The court was established in 2002 to prosecute war crimes, crimes against humanity, genocide and the crime of aggression when member states are unwilling or unable to do so themselves. It can prosecute crimes committed by nationals of member states or on the territory of member states by other actors. It has 124 member states. Its budget for 2024 is about 187 million euros.
- The ICC is conducting investigations, ranging from Ukraine and African states such as Uganda, the Democratic Republic of Congo and Kenya to Venezuela in Latin America and Asian nations such as Myanmar and the Philippines, according to its website.
- Its website says there have so far been 32 cases before the court, with some cases having more than one suspect. ICC judges have issued at least 56 arrest warrants.
- Twenty-one people have been held in the ICC detention centre and have appeared before the court. At least 20 people remain at large. Charges have been dropped against seven people due to their deaths. The judges have issued 11 convictions and four acquittals.
- Of those 11 convictions only six have been for the court’s core crimes of war crimes and crimes against humanity, the others were for crimes like witness tampering. The six convicted men were all African militia leaders from the Democratic Republic of Congo, Mali and Uganda. Terms range from nine to 30 years in prison. The maximum possible term is life imprisonment.
- A prominent fugitive is Russian President Vladimir Putin, accused of the war crime of illegally deporting hundreds of children from Ukraine. The ICC issued an arrest warrant for Putin in March 2023. The Kremlin said the move was meaningless. Moscow has repeatedly denied accusations that its forces have committed atrocities during its invasion of its neighbour.
- Although the court is supported by many United Nations members and the European Union, other powers such as the United States, China and Russia are not members, arguing the ICC could be used for politically motivated prosecutions.
- Israel is not a member of the court and does not recognise its jurisdiction, but the Palestinian territories were admitted as a member state in 2015. In 2021 the ICC opened an official investigation into allegations of war crimes and crimes against humanity committed in the occupied Palestinian territories. ICC prosecutor Karim Khan said in October last year the court had jurisdiction over any potential war crimes carried out by Hamas fighters in Israel and by Israelis in the Gaza Strip.
- In May, the ICC prosecutor’s office requested arrest warrants for Netanyahu, Gallant and also for three Hamas leaders for alleged war crimes and crimes against humanity. Israel and Palestinian leaders have dismissed allegations of war crimes, and representatives for both sides have criticised Khan’s decision to seek warrants. (Writing by Mark Heinrich, Andrew Heavens and Stephanie van den Berg; editing by Philippa Fletcher and Angus MacSwan)
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