Recently, Israel and its allies denounced the International Criminal Court’s decision to issue an arrest warrant for Israeli Prime Minister Benjamin Netanyahu.

Key Highlights on the Arrest Warrant

• ICC Arrest Warrants: The International Criminal Court issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu, Defense Minister Yoav Gallant, and Hamas leader Mohammed Deif, sparking international debate.
• Support to the Warrant: United Kingdom and Canada said that they would “abide” by the arrest warrant issued against Israeli Prime Minister Benjamin Netanyahu by the International Criminal Court (ICC).
• Continued Hostilities: The violence reflects escalating tensions between Israel, Gaza, and neighboring regions, intensifying the humanitarian crisis.

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About the International Criminal Court (ICC)

• The International Criminal Court (ICC) is the first permanent international court established to investigate and prosecute individuals accused of serious international crimes.
• Establishment and Headquarters: The ICC was adopted by 120 states on July 17, 1998, through the Rome Statute, and officially took effect on July 1, 2002. 
• Headquarters: The Hague, Netherlands.
• Jurisdiction: The Rome Statute grants the ICC jurisdiction over four main crimes:
  • Genocide
  • War crimes
  • Crimes against humanity
  • The crime of aggression
• The ICC can only deal with crimes committed on or after July 1, 2002.
• Membership: The ICC has 124 member states. However, several major countries, including India, the United States, China, Russia, and Israel, are not parties to the Rome Statute.
  • Palestine became the 123rd member in 2015.
  • Malaysia became the 124th member in 2019.
• Languages: The ICC operates in six official languages: English, French, Arabic, Chinese, Russian, and Spanish.
• Enforcement: The ICC’s decisions are binding; however, it lacks its own police force. The enforcement of its decisions relies heavily on state cooperation, which is critical for the arrest and surrender of suspects.
• Relation with the United Nations: The ICC is not a United Nations organization but maintains a cooperation agreement with the UN.

Immunity under the Rome Statute

• General Rule (Article 27): Under Article 27 of the Rome Statute, no individual, including a head of state or government, is immune from prosecution before the ICC.
  • The principle emphasizes equality before the court, ensuring that no official capacity grants immunity.
• Exception (Article 98(1)): An exception to Article 27 exists for officials from states that are not members of the ICC, such as Israel.
  • ICC member states cannot be compelled to arrest or surrender such officials if it conflicts with their international obligations regarding immunity.
• Acceptance of Jurisdiction (Article 12(3)): Article 12(3) of the Rome Statute provides that a state not party to the Statute can accept the court’s jurisdiction over a specific crime.
  • The state must make a declaration to the Registrar and agree to cooperate with the ICC without delay or exception.

Key Features of ICC rulings

• Binding Decisions: The ICC’s rulings must be upheld by its members.
• Limited Enforcement Mechanisms: Without its own police force, the ICC depends on the willingness of states to enforce its decisions.
• Independent Status: While not part of the UN, it collaborates with the organization under a formal agreement.

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ICJ Vs ICC

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