What is the ICC and is it fair?

The International Criminal Court (ICC) began its work in 2003, established by the Rome Statute in 1998. Over 120 states are party to the statute, but notable absences include the US, Russia, India, Israel, and China. Although negotiated within the UN, the ICC is not formally part of the UN but reports to its General Assembly. Located in The Hague, Netherlands, the ICC acts when national courts are unwilling or unable to prosecute crimes, focusing on genocide, war crimes, crimes against humanity, and the crime of aggression.

Genocide involves intent to destroy a national, ethnic, racial, or religious group through various means, including killing, harm, birth prevention, or forced transfers. War crimes encompass grave breaches of the Geneva Conventions and other violations of armed conflict laws, including murder, torture, attacks on civilians, sexual violence, and targeting hospitals. Crimes against humanity are widespread or systematic attacks on civilian populations, such as extermination, enslavement, and apartheid, often based on political, racial, or gender persecution. An example is Bosco Ntaganda, convicted for war crimes and crimes against humanity. The crime of aggression occurs when a state uses armed force against the sovereignty of another.

For an ICC case to proceed, the prosecutor assesses evidence, national proceedings, and the interests of justice and victims. The ICC prosecutes individuals (not states, except for aggression crimes) who were over 18 at the time of the crime, and defendants are presumed innocent until proven guilty. Cases can be reopened with new evidence, and the UN Security Council can refer cases outside the ICC's direct jurisdiction. The court has conducted inquiries, investigations, indicted over 40 people, convicted eight, and acquitted two. High-profile cases include Uhuru Kenyatta, Omar al-Bashir, and Laurent Gbagbo. The ICC lacks its own enforcement body, relying on states for extradition, which can be problematic, as seen with Omar al-Bashir.

A significant criticism of the ICC is its focus, with 10 of 13 investigations and all 28 cases from African countries, leading to a suggested mass withdrawal from the African Union in 2017. However, the ICC is expanding its reach with preliminary examinations in Colombia, Palestine, Ukraine, and the Philippines, and investigations in Georgia, Myanmar (Rohingya), and Afghanistan. The United States has expressed strong disapproval of investigations involving its forces in Afghanistan and Israeli actions in Palestinian territories.

In June, the US imposed sanctions on ICC officials, including Chief Prosecutor Fatou Bensouda, asserting that the ICC lacks jurisdiction, legitimacy, and authority over Americans. This move followed the ICC's investigations into alleged US war crimes in Afghanistan and Israeli crimes in Palestinian territories. The US argues that it and Israel have not ratified the Rome Statute. However, the statute allows jurisdiction over crimes committed by non-parties on the territory of a state party, which includes Afghanistan and Palestinian territories. The US initially signed the Rome Statute under Clinton but revoked it under George W. Bush. The video concludes by questioning the ICC's effectiveness without the support of major nations and the lack of investigation into other regions like Yemen or Bahrain.