Context: International Criminal Court (ICC) has issued arrest warrants against Israeli Prime Minister Benjamin Netanyahu and its former Defence Minister for alleged war crimes and crimes against humanity in Gaza.
Relevance of the topic: Prelims- International Criminal Court, International Criminal Court vs International Court of Justice
Major Highlights:
- The ICC asserts there are “reasonable grounds” to believe that the Prime Minister and the former Defence Minister bear “criminal responsibility” for causing “mass starvation” and “deliberately targeting” medical facilities in Gaza.
- As the Rome Statute of the ICC has been recognised by 124 countries, the countries would be legally obligated to arrest them if they enter their territories.
- The arrest warrants would complicate their ability to travel freely across the globe.
About International Criminal Court
Origin:
- The International Criminal Court (ICC) was established under the Rome Statute, a multilateral treaty adopted in 1998. Rome Statute entered into force on 1 July 2002 after ratification by 60 countries.
- It marked the creation of the first permanent, treaty-based international criminal court to address impunity for the gravest crimes threatening the global community.
- ICC is an independent international organisation and is not part of the United Nations.
- ICC has 18 judges who are elected by the Assembly of State Parties and have non-renewable 9-year terms.
- The seat of ICC is in The Hague, Netherlands.
Jurisdiction of the International Criminal Court:
- ICC investigates and prosecutes individuals accused of the gravest crimes of international concern, as defined under the Rome Statute:
- Genocide
- War crimes
- Crimes against humanity
- Crime of aggression
Conditions for Exercising Jurisdiction:
The ICC can exercise jurisdiction only under specific conditions:
- Territorial or National Jurisdiction:
- If the alleged crime occurred on the territory of a State Party.
- If the alleged crime was committed by a national of a State Party.
- UN Security Council (UNSC) Referral:
- The UNSC can refer cases to the ICC, even if the crime occurred in a non-State Party.
- Declaration of Acceptance:
- A non-State Party can accept the ICC's jurisdiction by making a formal declaration.
Principle of Complementarity:
- The ICC operates under the principle of complementarity, i.e., it acts as a court of last resort (seeks to complement, not replace, national courts). The ICC can intervene only if national judicial systems are unwilling or unable to investigate or prosecute crimes.
Limitations of the International Criminal Court:
- The ICC does not have a police force to enforce arrests. It relies on State Parties to apprehend individuals.
- Trials cannot proceed until the accused is arrested and brought before the court, as the ICC does not conduct trials in absentia.
Parties to International Criminal Court:
- As of 2024, ICC has 124 member states.
- However, countries such as India, China, USA, Russia etc. have not ratified the Rome Statute and are not members of ICC. Reasons for non-membership include concerns about sovereignty, potential misuse of the court, and conflicts with domestic laws.
Differences Between the ICJ and the ICC
The International Court of Justice (ICJ) and the International Criminal Court (ICC) are two courts with different functions within the international legal system.
| ICJ (International Court of Justice) | ICC (International Criminal Court) | |
|---|---|---|
| Established | 1945 | 2022 |
| UN-Relationship | Highest court of the UN | Not part of the UN |
| Location | The Hague, the Netherlands | The Hague, the Netherlands |
| Jurisdiction | UN member-states | Individuals |
| Types of cases | Legal disputes between states and requests for advisory opinions on legal questions | Prosecutes individuals for the most serious crimes as per the Rome Statute |
| Appeals | No | Yes |
Enforcement power | None - relies on the UN Security Council to uphold judgements, with permanent members having veto power | None - relies on cooperation from member states to enforce its decisions |