ICC

Purpose

• Sit in permanent session (where UN tribunals were formed in response to specific injustices) to remind global community of permanence, impartiality and reach of international justice

• ‘Court of last resort’ established by Rome Statute

People who can be tried by ICC

• Heads of state and individuals in the case of inability of willingness of a national gov’t to do anything

  • Those accused of genocide/crimes against humanity/war crimes

2021 number of states who have ratified the Rome Statute and thus accept ICC’s jurisdiction

124

2003-2021 — 2 chief prosecutors

1. Luis Moreno-Ocampo

2. Fatou Bensouda

• Raised global standing of court

2021 3rd chief prosecutor

• Karim Khan (🇬🇧)

Number of ICC convictions by 2021

8

Success — 2012; 2014

• Imprisonment of Congolese warlords

  • Thomas Lubanga Dyilo (14y, released in 2020)

  • Germain Katanga (12y)

Success — 2016

• Imprisonment of Ahmad al-Madhi (Islamist)

  • 9y for cultural terrorism after destroying historic sites and artefacts in Mali

Success - 2 more investigations

1. 2020 into 🇦🇫

2. 2019 into IDF on Gaza Strip

Success — 2020

• Trial of former Sudanese president, Omar al-Bashir

  • Indicted in 2009 but gov’t didn’t recognise ICC until 2019

5 limitations to ICC

1. 🇨🇳/🇷🇺/🇺🇸 do not accept its jurisdiction

2. 🇺🇸 has signed agreements with other states to require them to not cooperate with the court in handing over 🇺🇸 citizens

3. Not recognised by 🇮🇳

4. No coercive power

5. Not signed by most states

% of world pop that is outside ICC jurisdiction

70%

Limitation — 🇰🇪

• President Kenyatta indicted over aftermath of 2007 election

• ICC dropped its prosecution due to lack of 🇰🇪 cooperation

• Kenyatta claimed it was ‘biased’ and a ‘toy of declining imperialist powers’

Limitation — AU

• Has only ever indicted and convicted Africans → accusations of prejudice

• AU urged members not to cooperate with it

Limitation — 2017

• Burundi became first country to withdraw from ICC

Limitation — 2016

• Putin withdrew his signature from the Rome Statute after Crimea even though it hadn’t been ratified

• Foreign ministry said it was ‘one-sided and inefficient’

Limitation - 2019

• 🇵🇭 withdrew from ICC over decision to investigate killings associated with President Duterte’s war on drugs

  • Accused of bias against developing world

Key strength

• Can both initiate investigations itself and investigate cases put to it by UNSC

ICC and 🇷🇺

• Issued arrest warrant for Putin in 2023 (rare when the head of state is still sitting)

• Putin then went to Mongolia in 2024 and was not arrested despite Mongolia’s ICC membership due to the political and economic repercussions from 🇷🇺

ICC and 🇮🇱

• Has an arrest warrant out for Netanyahu (first for a W country), along with former 🇮🇱 defence sec

  • Tbf the only place Netanyahu goes is 🇺🇸, 🇶🇦 and 🇪🇬 for ceasefire talks and none of them are members

• 🇭🇺 failed to arrest him during a visit, was faced with non-compliance proceedings in 2025 and thus withdrew from ICC

• 🇺🇸 did an executive order that imposed sanctions on ICC due to their decision

ICC and 🇵🇸

• ICC has an arrest warrant for Hamas military leader

• Has recognised 🇵🇸 as a state since 2021 which gives it jurisdiction in 🇮🇱-occupied territories

3 key ICC strengths

1. International justice — can’t escape it by travelling

2. Doesn’t recognise political status and this tries and convicts high-profile individuals

3. Deterrent for committing HR abuses and investigations can lead to demobilisation and stopping of fighting

Jean-Pierre Bemba

• Arrested in Belgium for sexual violence (first ICC conviction for this) despite being involved in Congo

Paul Kagame

• Described it as a ‘fraudulent institution’

2002 American Service-Members’ Protection Act

• US president can use military force to prevent any US soldier from being detained by ICC for trial

  • USA could thus invade Netherlands if ICC were to put an American soldier on trial