Navi Pillay, the South African woman who was announced today, Friday, as the winner of the Nobel Peace Prize, has served as a judge in several international courts, including the International Criminal Court.
Here are some facts about the International Criminal Court, according to Reuters:
When was the court established and why?
The Court was established in 2002 to prosecute those involved in war crimes, crimes against humanity, genocide and the crime of launching a hostile act, when member states are unwilling or unable to do so themselves. It can hear cases related to crimes committed by citizens of Member States or on the territory of Member States by other parties. The number of member states is 125. The court's budget for 2025 is about 195 million euros ($202 million).
What is the court investigating?
The ICC conducts investigations related to various regions such as the Palestinian Territories, Ukraine, and African countries, such as Uganda, the Democratic Republic of the Congo, Kenya, Venezuela in Latin America, and Myanmar and the Philippines in Asia. The court says it is examining 34 cases, some of which involve more than one suspect. Court judges issued at least 68 arrest warrants.
Who is on the list of arrest warrants issued by the court?
Among the suspects on the ICC's list is Israeli Prime Minister Benjamin Netanyahu, who is charged with criminal responsibility for acts including murder, persecution, and the use of starvation as a weapon of war in the Gaza Strip. The court also accuses Russian President Vladimir Putin of committing war crimes by forcibly deporting hundreds of children from Ukraine.
Israel and Russia, which are not members of the court, have repeatedly denied that their forces committed atrocities in the Gaza Strip and Ukraine and argued that the ICC has no jurisdiction or jurisdiction over them.
At the time of issuing the arrest warrant against Netanyahu, the court also issued an arrest warrant against former Israeli Defense Minister Yoav Gallant and Hamas leader Ibrahim al-Masry, known as Muhammad al-Deif. Al-Dhaif's death was confirmed after the memorandum was issued.
The court also issued two arrest warrants against two senior leaders of the Afghan Taliban movement, accusing them of persecuting women, which the movement denied.
Court prosecutors requested the issuance of arrest warrants against Myanmar army commander Min Aung Hlaing on charges of committing crimes against humanity in the reported persecution of the Rohingya minority, most of whom are Muslims. The outcome of this request has not been announced.
What trials are pending?
Former Philippine President Rodrigo Duterte is scheduled to stand trial on November 30 on charges of murder and attempted murder as crimes against humanity related to his war on drugs, charges he denies. A Libyan national accused of supervising a notorious prison is also awaiting trial.
Why does the United States oppose the court?
An American delegation attended the negotiations that led to the court's Rome Statute in 1998, but the United States never joined it and has always opposed its jurisdiction over American citizens.
In 2002, Washington passed what is known as the “Hague Invasion Law,” which authorizes the president to use “all necessary means” to secure the release of any American citizen or ally of the United States detained by the court.
In subsequent years, the United States supported some of the court’s investigations, especially into the atrocities committed in Darfur and Uganda, but it remained strongly opposed to the court looking into reports that American forces had committed crimes on the territory of the court’s member states.
During the first Trump administration in 2020, Washington imposed sanctions on the then Prosecutor of the Court, and another official, due to the investigation into US forces committing war crimes in Afghanistan. The administration of US President Joe Biden canceled the sanctions a year later.
After the court issued two arrest warrants for Netanyahu and former Israeli Defense Minister Yoav Gallant in early 2025, Trump authorized the imposition of economic sanctions and travel restrictions on court officials targeting the United States and its non-member allies. Washington has since imposed sanctions on 13 court officials, including nine judges.
At the United Nations General Assembly last month, Trump described the court as a “rogue institution” and an “evil group,” and urged member states to withdraw from it.
Why does the International Criminal Court say it has jurisdiction over some citizens of non-member states?
The court is supported by many UN member states and the European Union, but others, such as the United States, China and Russia, have not joined it, claiming that it could be used in politically motivated prosecutions.
Israel is not a member of the court and does not recognize its jurisdiction, but the Palestinian territories joined it in 2015 as a member state. This, in addition to a ruling issued by the court's judges, means that the court can consider possible war crimes committed by Hamas fighters in Israel, and by Israelis in the Gaza Strip and the West Bank.
The rationale for issuing two arrest warrants against Israeli officials is based on the same basis used for the arrest warrants against Russian officials for crimes said to have been committed in Ukraine; These memos relate to criminal incidents that reportedly occurred on the territory of a member state of the International Criminal Court.
Myanmar is not a member of the court, but judges ruled in 2018 and 2019 that the court had jurisdiction over cross-border crimes, some of which were reported to have occurred in neighboring Bangladesh, which is a member of the court, such as deportation and persecution, and said that prosecutors could open a formal investigation.
As for the Philippines, it is not a current member, but it was from 2011 to 2019 when President Duterte’s unilateral withdrawal became final. Under the Rome Statute, the Court retains jurisdiction in any state from which it withdraws for crimes committed during the period of membership.
How many people were convicted by the court?
The court's judges issued 15 convictions and four acquittals. 23 people were detained at the court's detention center in The Hague and appeared before the court, and 34 defendants remain at large. Charges were also dropped against nine people due to their deaths.
Of the convictions, only 10 were for war crimes and crimes against humanity. The other convictions were for crimes such as influencing witnesses. All ten convicts are African militia leaders in the Democratic Republic of the Congo, Mali and Uganda. The sentences ranged from 9 years to 30 years in prison. The maximum possible prison sentence is life imprisonment.
