International Criminal Court (ICC)

Former Philippine President Rodrigo Duterte was arrested on a warrant issued by the International Criminal Court (ICC).

• Duterte was arrested for alleged crimes against humanity linked to his “war on drugs” campaign.

About International Criminal Court (ICC) 

• The ICC is a permanent international tribunal that investigates and prosecutes individuals responsible for the most serious crimes of global concern, including genocide, war crimes, crimes against humanity, and the crime of aggression.
• Establishment: The ICC was established by the Rome Statute, adopted on July 17, 1998.
  • It officially began operations on July 1, 2002.
• Headquarters: The ICC is headquartered in The Hague, Netherlands.
• Members: The ICC has 125 member states that have ratified the Rome Statute.
  • It operates as a court of last resort, complementing national judicial systems.
• Official Languages: The ICC has six official languages: English, French, Arabic, Chinese, Russian, and Spanish.
  • Its two working languages are English and French.
• Jurisdiction: The ICC prosecutes crimes committed on the territory of member states or by nationals of member states.
  • It can also exercise jurisdiction through referrals by the United Nations Security Council or voluntary acceptance by non-member states.
• Warrants Issued by ICC
  • The ICC has issued 60 arrest warrants since its establishment.
  • 21 individuals have been arrested and appeared before the Court.
  • 31 suspects remain at large due to lack of cooperation from national governments.
  • ICC judges have also issued 9 summonses to appear.
  • 11 convictions and 4 acquittals have been recorded.

Effectiveness of ICC Warrants

• Jurisdiction Over Serious Crimes : The ICC prosecutes genocide, crimes against humanity, war crimes, and crimes of aggression.
• Limited Enforcement Mechanism: The Court depends on national governments to arrest suspects, weakening its authority.
• Legal Rulings on Jurisdiction : The ICC can investigate crimes committed on a state-party’s territory, even if the accused’s country is not a member.
• Political Factors in Execution : Arrests often depend on shifting political alliances, as seen in Duterte’s case.
• Selective Success: While some warrants are executed, the ICC struggles with consistent enforcement, impacting its credibility.

Limitations of the ICC

• No Enforcement Power : The ICC relies on national governments to execute arrests, limiting its ability to enforce warrants independently.
• Unexecuted Warrants : Many high-profile arrest warrants, including those against Vladimir Putin and Benjamin Netanyahu, remain unenforced.
• Non-Member States:  Countries like the U.S., China, and Russia do not recognize ICC jurisdiction, reducing its global reach.
• Political Influence : Execution of warrants is often influenced by political interests, affecting the Court’s impartiality.
• Opposition from Powerful Nations : The U.S. has threatened punitive measures against the ICC if it acts against American nationals or allies.