Summary
Highlights
The ICC is the only international court that can prosecute individuals for genocide, crimes against humanity, and war crimes. Its chief prosecutor, Karim Khan, has sought arrest warrants for senior Israeli and Hamas leaders following the October 7th, 2023 attacks and the subsequent war in Gaza. Khan cites alleged crimes including extermination, murder, hostage-taking, rape, and sexual violence by Hamas, and starvation of civilians, willful killing, and intentionally directing attacks against a civilian population by Israel. The move has been met with outrage by Israel and rejection by the United States, which claims there's no equivalence between Israel and Hamas.
The ICC's founding treaty, the Rome Statute, was signed in 1998, and the court began operations four years later. While 124 states are members, major powers like the US, China, Russia, India, Pakistan, and Israel are not. The ICC prosecutes individuals for crimes when national judicial systems are unwilling or unable to do so, acting as a court of last resort. It relies on member states to carry out arrests as it lacks its own police force. Despite a budget of around $200 million, the court has only secured 11 convictions in 22 years, mostly against Africans, leading to criticisms of selective justice and its slow pace.
The documentary highlights the ICC's success in Uganda, specifically the case against Lord's Resistance Army (LRA) commander Dominic Ongwen. Ongwen was sentenced to 25 years in prison for his role in atrocities, including an attack on the Lodhi camp. Victor Ochen, a Nobel Peace Prize nominee whose brother was abducted by the LRA, praises the ICC for giving hope, deterring the LRA, forcing the Ugandan government to protect its people, and raising international awareness. However, issues with victim reparations are noted, as some communities affected by Ongwen's actions, like A'beer, will not receive compensation.
A significant failure for the ICC occurred in Kenya following the 2007 post-election violence. Six high-profile Kenyans, including then-Deputy Prime Minister Uhuru Kenyatta and Education Minister William Ruto, were accused by the ICC. However, their cases collapsed due to witnesses changing statements or disappearing. Uhuru Kenyatta and William Ruto later became presidents of Kenya. Karim Khan, the current ICC prosecutor, was Ruto's defense lawyer and criticized the prosecution's investigation as a 'parody of justice.' Victims in Kenya, like Jacqueline Materi, who was raped and became pregnant during the violence, feel the ICC failed to deliver justice.
The documentary points out that the ICC finds it easier to prosecute 'renegade warlords' than individuals with real political power and protection. Many ICC suspects, including Sudan's former president Omar Al-Bashir and Russian President Vladimir Putin, remain at large. Amnesty International criticizes the ICC for being vulnerable to political influence through voluntary contributions from member states, which can create a perception of bias. They highlight instances where investigations into alleged violations by the UK in Iraq and American and Afghan forces in Afghanistan were closed or deprioritized, suggesting external pressure.
Despite criticisms regarding selective justice and perceived external influence, the ICC's recent announcement regarding Israeli and Hamas leaders is seen by Amnesty International as a positive step towards demonstrating impartiality. ICC spokesperson Fadi Al-Abdullah asserts that voluntary contributions do not influence investigations and that the court's core business is funded transparently. He also clarifies that the ICC acts only when national judicial systems are unable or unwilling to conduct genuine investigations. The future success of the ICC hinges on its ability to apply the law equally to all, resist political pressure, and ensure that powerful individuals are held accountable for their actions, ultimately fostering a perception of effective justice.