International Criminal Court facing the acid test
Published: Monday, Dec 2nd 2024, 06:50
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Overshadowed by the conflict over the arrest warrant against Israeli Prime Minister Benjamin Netanyahu, the states parties to the International Criminal Court will meet in The Hague on Monday for their annual conference. The most important questions and answers about the conference:
The International Criminal Court had issued arrest warrants against Israel's Prime Minister Benjamin Netanyahu and his former Defense Minister Joav Galant for alleged war crimes and crimes against humanity in the Gaza Strip. This is the first international arrest warrant against a Western head of government, and it has attracted fierce international criticism. Now the representatives of the 124 states parties to the court are meeting for their annual conference. The Netanyahu case is becoming a test.
What is the International Criminal Court?
The International Criminal Court, based in The Hague, prosecutes suspects for war crimes, crimes against humanity, genocide and aggressive war. Even heads of state and government cannot invoke immunity. In November, the judges issued arrest warrants for Netanyahu, his former defence minister Galant and the military chief of the terrorist organization Hamas. The court is based on a fundamental treaty, the Rome Statute, to which 124 states have acceded - the contracting states. Switzerland is also a member of the Rome Statute.
What do the contracting states have to do with the arrest warrants?
The states cannot do anything about the judges' decisions, as they are independent. But the court has no police power to enforce the arrest warrants. The member states have to do that. They are obliged to arrest wanted persons like Netanyahu if they are on their territory. But some states have already expressed reservations. And the question is whether they value their loyalty to Israel over international law.
What is at stake?
The Netanyahu case threatens to become a litmus test for the court. Its credibility is at stake. Justice must be above the parties and above geopolitical interests and friendships. However, the contracting states are now faced with the question of whether investigations against a Western head of government will be assessed just as impartially as against other suspects.
How much support is there for the court?
So far, there has been a lot of support, especially from the West. However, there have never been proceedings on crimes in Western countries, but mainly in Africa. This is why the court has been accused of one-sidedness by this continent in particular. For them, the Gaza war case will be a test case: will the West stand behind the court or will it buckle when one of them is hit?
Who are the biggest critics?
These are Israel and the USA. Although neither is a state party, they can exert pressure on their allies. And the USA could also impose sanctions on judges or prosecutors. There are already plans to do so.
And what about the contracting states?
They are divided. Canada, Italy and the Netherlands - host country of the court - immediately declared that they would fulfill their obligation and thus arrest Netanyahu during a visit. Others were more cautious. France, for example, said that it would respect the law. At the same time, Paris doubted whether Netanyahu enjoyed immunity after all. Hungary's Prime Minister Viktor Orbán was unambiguous: he demonstratively extended an invitation to Netanyahu and intends to ignore the arrest warrant.
What happens if the states do not arrest Netanyahu?
Not much at first. Such a case can be referred to the Conference of the States Parties, which decides on the consequences. Incidentally, Mongolia recently refused to arrest Russian President Vladimir Putin during a visit to the country. The court had also issued an arrest warrant for Putin due to the war in Ukraine. This case will now also be dealt with in The Hague.
©Keystone/SDA
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