International Criminal Court - The fractured institution without any effective power?

US President Donald Trump has enacted an executive order that imposes sanctions on the International Criminal Court (ICC). A representative from the White House indicated that these sanctions are a reaction to the ICC's inquiries concerning U.S. citizens and its allies, including Israel. The sanctions prohibit ICC officials from entering the United States. Trump's executive order criticizes the court's actions, asserting that they establish a "dangerous precedent."

The executive order enforces financial and visa restrictions on individuals, as well as their family members, who contribute to the ICC's investigations pertaining to U.S. citizens or its allies. These actions taken by Trump aim to penalize those engaged in activities that undermine U.S. interests.

What is International Criminal Court (ICC) ?

The International Criminal Court (ICC) was established in 2002 with the purpose of ensuring accountability for individuals accused of war crimes, crimes against humanity, genocide, and acts of aggression, especially in situations where member states are either reluctant or incapable of prosecuting such offenses. The ICC possesses jurisdiction over crimes perpetrated by nationals of its member states, as well as those occurring within the territories of these countries, irrespective of the nationality of the offenders.

The Statute establishing the ICC was ratified during an international conference held in Rome on July 17, 1998. A total of 120 nations voted in favor of the treaty. By mid-2004, 139 states had signed the treaty. On April 11, 2002, sixty-six countries exceeding the required threshold—ratified the treaty, thereby initiating the ICC's temporal jurisdiction on July 1, 2002. In February 2003, the Assembly of States Parties, which serves as the governing body of the ICC, elected the Court's inaugural eighteen judges. As of July 8, 2004, a total of ninety-four countries had ratified the ICC treaty.

India has neither signed nor ratified any of these and also China, Israel, Russia, and the United States are not member countries. As of this date, 125 countries are States Parties to the Rome Statute of the ICC. Out of them 33 are African States, 19 are Asia-Pacific States, 20 are from Eastern Europe, 28 are from Latin American and Caribbean States, and 25 are from Western European and other States.

Further, once any country sign the treaty, each state party is required to enact legislation that outlines how it will fulfill its obligations under the Rome Statute. This legislation addresses various aspects, including the specifics of cooperation between the state and the Court, as well as the definition of crimes encompassed by the Rome Statute. Such legislation is commonly referred to as "implementing legislation."

Where does ICC get money from ?

The annual budget of ICC for 2024 is approximately $187 million, with the majority of funding sourced from member states. Contributions are calculated using a methodology similar to that employed by the United Nations for assessing dues, which is largely reflective of the economic size of each member nation. In 2022, the most significant contributions were made by Japan, Germany, France, and the United Kingdom. However, certain countries, including Argentina, Brazil, and Venezuela, have accumulated substantial overdue payments.

The United Nations General Assembly has the authority to approve additional funding for cases that the Security Council refers to the court, although it has not yet exercised this option. Additionally, some governments and international organizations provide voluntary contributions.

Critics have labeled the ICC as excessively costly, arguing that it has not adequately addressed certain crimes, such as gender-based violence. Conversely, some defend the court by highlighting its limited institutional capacity, asserting that its cost-effectiveness should not be evaluated solely on the basis of the number of cases prosecuted or convictions obtained.

Criticism of ICC

Some of critics argue that the court possesses insufficient authority, rendering it ineffective in prosecuting war criminals. Conversely, others contend that the court wields excessive prosecutorial power, which poses a threat to state sovereignty, and that it lacks adequate due process and safeguards against political bias. Additionally, there has been ongoing discussion regarding the qualifications of judges. Concerns have also been raised that the possibility of international justice may extend conflicts by deterring war criminals from surrendering, although research on this matter remains inconclusive. Even supporters of the court acknowledge its limitations. Furthermore, certain cases have presented complex legal and ethical dilemmas, such as the accountability of former child soldiers who were coerced into combat and who themselves were victims.

Several significant powers resonate with U.S. criticisms. China and India, by abstaining from the court, assert that it would violate their sovereignty. In 2016, Russia withdrew its endorsement of the treaty after the court deemed its 2014 annexation of Crimea as an occupation, and it is improbable that Moscow will cooperate with the court’s investigation into war crimes in Ukraine. In 2021, the Israeli government informed the ICC that it would not acknowledge the court’s authority to investigate alleged war crimes in Palestinian territories. In April 2024, Netanyahu stated that Israel “will never accept any attempt by the ICC to undermine its inherent right of self-defense.” Although Israel is not a member of the ICC, any of its leaders could face arrest if they are subject to an ICC warrant while traveling to a member state.

Few Popular trials and arrest warrant by ICC

• The ICC issued an arrest warrant for Vladimir Putin, citing his alleged involvement in the war crime of forcibly deporting and transferring "at least hundreds" of children from Ukrainian territories under occupation to Russia.

• In November 2024, the ICC's Pre-Trial Chamber also released warrants for Israeli Prime Minister Benjamin Netanyahu, former Israeli Defense Minister Yoav Gallant, and Hamas military leader Mohammed Deif, charging them with war crimes and crimes against humanity.

• The ICC initiated an investigation in 2010 against Uhuru Kenyatta (Kenyan politician) into the violence that resulted in the deaths of over one thousand individuals following the 2007 presidential election in Kenya.

• As the first sitting president to be indicted by the ICC, Omar al-Bashir is wanted on charges of genocide, crimes against humanity, and war crimes related to the conflict in Sudan's Darfur region. He is accused of planning mass killings and deportations of members of several ethnic groups.

• In 2011, the United Nations Security Council referred the situation in Libya to the ICC, based on allegations that Muammar al-Qaddafi and others were responsible for the deaths of unarmed civilians during protests associated with the Arab Spring.

Amid all of this, one question arises that does this institution really matters to the world, who is not able to do anything effective apart from bullying Africa or being used as a tool of propaganda against few by some of countries?

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