Why in news?

The International Criminal Court (ICC) has issued arrest warrants for Israel Prime Minister Benjamin Netanyahu, former defense minister Yoav Gallant, and Hamas leader Mohammed Diab Ibrahim Al-Masri for alleged war crimes and crimes against humanity.

This follows ICC Prosecutor Karim Khan's announcement on May 20, seeking warrants for crimes linked to the October 7 Hamas attack on Israel and Tel Aviv's military action in Gaza.

What’s in today’s article?

• International Criminal Court (ICC)
• How does the ICC function?
• ICC issues arrest warrant

International Criminal Court (ICC)

• About
  • It is a permanent court to prosecute serious international crimes committed by individuals.
  • It tries crimes such as genocide, war crimes, crimes against humanity, and aggression.
  • The court was established to fight global impunity and bring to justice criminals under international law, regardless of their rank or stature.
    • It is different from the United Nations’ International Court of Justice, also at The Hague.
• HQ: The Hague, The Netherlands
• Statute: Before the ICC became functional in 2002, its founding treaty was adopted by the UN General Assembly in 1998 in Rome, Italy, thereby making it the Rome Statute.
• Membership
  • To become a member of the ICC or State party to the Rome Statute, countries have to sign the statute and ratify it under their respective legislatures.
  • 124 countries are currently members of the ICC, with African countries making up the largest bloc.
  • Notably, countries including India, China, Iraq, North Korea and Turkey never signed the Rome Statute.
  • Others including the US, Russia, Israel and Syria signed, but never ratified it.

How does the ICC function?

• Judges & Prosecutors
  • The court carries out its investigations through the Office of the Prosecutor and has 18 judges.
  • Both the judges and prosecutors hold non-renewable nine-year terms.
• Process
  • There are pre-trial, trial, and appellate benches in the ICC.
  • The prosecutor conducts a preliminary examination in a matter, before seeking permission from pre-trial judges to open a full investigation.
    • The initial examination must conclude that the crimes in question are of sufficient gravity.
• Ways to open investigations
  • The prosecutor can open an investigation in three ways:
    • when a case is referred by a member country in its own territory;
    • when a case is referred by the UN Security Council; and
    • when the prosecutor takes up a case proprio motu or on his own.
  • Non-member states can also be investigated in three ways:
    • if alleged crimes were perpetrated by non-members in member states,
    • if the non-members accept the court’s jurisdiction, or
    • when the Security Council authorises it.

ICC issues arrest warrant

• What have Netanyahu and Gallant been accused of?
  • The ICC accuses Netanyahu and Gallant of the war crime of starvation and crimes against humanity, including murder, persecution, and other inhumane acts.
  • It alleges they intentionally deprived Gaza's civilians of essential resources like food, water, medicine, fuel, and electricity from October 8, 2023, to May 20, 2024.
  • Additionally, by restricting medical supplies, including anesthetics, they are accused of causing great suffering to those in need of treatment.
  • The ICC also holds them responsible for actions by Israeli forces under their command, including torture, violence, killings, rape, and property destruction.
• What happens once ICC issues an arrest warrant?
  • The ICC’s arrest warrants are binding but rely on member states for enforcement.
  • If Netanyahu or Gallant travel to any of the ICC member states, those governments are obligated to arrest and extradite them to The Hague.
  • While the ICC previously issued a warrant for Russian President Vladimir Putin, isolating him from Western nations, Netanyahu’s case is more complex.
  • Many of Israel’s allies, like Germany, France, and the UK, are ICC members but are unlikely to arrest him due to their support for Israel.
  • The warrant serves more as a moral victory for Palestine, increasing international pressure on Israel and limiting Netanyahu’s travel without causing diplomatic embarrassment.