The International Criminal Court (ICC) in The Hague has issued arrest warrants against Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant. The charges include war crimes and crimes against humanity committed in Gaza, sparking widespread reactions both internationally and within Israel.
While several Arab and international governments emphasized the need to respect the ICC’s decision—issued against the backdrop of continued aggression on Gaza—Israel vehemently rejected the move, labeling it as “anti-Semitic.”
Here’s a closer look at the ICC, its judicial procedures, and the penalties it imposes upon convicting accused individuals.
What Is the ICC’s Jurisdiction?
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- The ICC prosecutes individuals for genocide, war crimes, crimes against humanity, and crimes of aggression—among the gravest offenses of global concern.
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- National courts handle investigations and prosecutions of crimes within their jurisdiction. The ICC intervenes only when a country is unable or unwilling to prosecute such crimes.
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- The ICC lacks its own police or military forces, relying instead on member states to apprehend and surrender suspects. Arrest warrants remain valid for life unless revoked by ICC judges.
The ICC was established under the Rome Statute, a foundational document signed by its member states, committing them to preventing crimes and holding perpetrators accountable.
Since its inception in 1998, 123 states have joined the Rome Statute, contributing to the fight against impunity. These states fund the ICC and elect its judges and prosecutors.
What Are the ICC’s Judicial Procedures?
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- Once a suspect is brought to the ICC—either through arrest or voluntary surrender—the court conducts an initial appearance followed by a confirmation of charges hearing to determine whether sufficient evidence exists to proceed to trial.
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- Cases are assigned to a panel of three judges. During trials, the prosecution presents evidence and calls witnesses. The defense has the right to cross-examine witnesses and present its own case. Victims can also express their views and concerns in court.
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- After both sides present their evidence, closing arguments are made, with the defense always having the final word.
The ICC has 18 judges elected for nine-year terms. They ensure fair trials, issue arrest warrants, authorize victim participation, and oversee witness protection measures, while safeguarding the rights of the accused.
The Office of the Prosecutor investigates crimes, collects evidence, and prosecutes individuals—not states. It compiles evidence against suspects and seeks judicial authorization for arrest warrants or summonses to appear.
No individual is immune from prosecution due to their position or status. The prosecution must prove guilt beyond a reasonable doubt.
Defendants are presumed innocent until proven guilty. Defense attorneys protect the rights of suspects, investigate cases, present evidence, and call or cross-examine witnesses. If a defendant cannot afford legal representation, the ICC provides financial assistance for defense counsel.
Where Are Convicted Persons Detained?
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- Suspects arrested by the ICC are held at its detention center, which adheres to the highest international human rights standards.
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- Victims can participate in ICC proceedings and seek reparations through legal representation, ensuring their voices are heard in court.
The ICC can only order reparations for victims if the accused is convicted. Reparations may include restitution, compensation, and rehabilitation. Witnesses provide testimony to help judges determine the facts, offering firsthand accounts, expert opinions, or insights into the conflict’s context. Witnesses can be called by the prosecution, defense, victims’ representatives, or the judges.
What Penalties Does the ICC Impose?
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- At the conclusion of a trial, ICC judges determine whether the accused is guilty. Convicted individuals may face fines and/or imprisonment of up to 30 years, or life imprisonment in exceptional cases.
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- Sentences are served in states designated by the ICC from a list of countries willing to accept prisoners.
Judges may also order reparations for victims, including restitution, compensation, or rehabilitation. Both the prosecution and defense can appeal decisions, with the Appeals Chamber empowered to uphold, reverse, or modify rulings or convictions, or order a retrial by a different panel.
A trust fund established by ICC member states provides reparations to victims and their families for harm under the ICC’s jurisdiction, even if the convicted individual lacks the resources to compensate them.
