The International Criminal Court (ICC) was established in 2002 with the hope of ending impunity for war crimes, crimes against humanity, and genocide. However, the court’s legitimacy is now in question as it delays action against those responsible for mass atrocities in Gaza. Despite calls for swift action, ICC prosecutor Karim Khan requested arrest warrants for Israeli Prime Minister Benjamin Netanyahu, Defence Minister Yoav Gallant, and three Hamas leaders, but the court has yet to make a decision.
The concept of international justice has a long history, dating back to post-World War I legal circles and the Nuremberg and Tokyo military tribunals after World War II. In the 1990s, ad hoc tribunals were set up to prosecute crimes in Yugoslavia and Rwanda, but there were concerns about Western domination and lack of accountability for NATO officials.
The Rome Statute, which established the ICC, was seen as a significant step towards prosecuting war criminals regardless of their nationality. However, the court’s credibility has been questioned, particularly as all suspects prosecuted in the first 20 years were Africans, and major powers like the US, Russia, and Israel did not ratify the statute.
The recent arrest warrant for Russian President Vladimir Putin in the context of the Ukraine war raised questions about the ICC’s independence and Western influence. The delay in issuing warrants for Netanyahu and Gallant, despite overwhelming evidence of war crimes in Gaza, further challenges the court’s credibility.
As the pre-trial chamber considers whether to issue the warrants, the future of the ICC hangs in the balance. The court’s ability to hold powerful leaders accountable for war crimes, crimes against humanity, and genocide will ultimately determine its credibility and effectiveness in achieving its original mandate.
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