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What is the International Criminal Court? Why has it Israeli officials worried?

Israeli officials sound increasingly concerned that the International Criminal Court could issue arrest warrants for the country’s leaders more than six months into the Israel-Hamas war. Prime Minister Benjamin Netanyahu wrote Friday in general terms about ICC action against Israeli troops and officials, and Israel’s foreign ministry has said it is also tracking reports of pending action.

Quick Read

  • Growing Concerns Over ICC Actions: Israeli officials are increasingly worried that the International Criminal Court (ICC) might issue arrest warrants for the nation’s leaders amid the ongoing Israel-Hamas conflict, which has exceeded six months.
  • Netanyahu’s Response to Potential ICC Actions: Prime Minister Benjamin Netanyahu addressed the potential ICC actions against Israeli military and officials on the social platform X, emphasizing Israel’s rejection of any attempts by the ICC to challenge its right to self-defense.
  • Foreign Ministry Alert: Israel’s Foreign Ministry has alerted its missions worldwide about rumors that the ICC may soon order the arrest of top Israeli political and military figures, though the source of these rumors was not disclosed.
  • ICC’s Jurisdiction and Member States: The ICC, which does not include Israel, the U.S., Russia, and China among its members, intervenes in cases where national courts are unable or unwilling to prosecute serious crimes like war crimes and genocide.
  • U.S. Interaction with the ICC: Initially, the U.S. imposed sanctions on ICC officials under President Donald Trump due to investigations into American troops. However, these were lifted by President Joe Biden in 2021.
  • ICC’s Global Reach and Investigations: The ICC has expanded its focus beyond Africa, conducting investigations across various continents including Asia, Europe, the Middle East, and Latin America.
  • Israel’s Tense Relationship with the ICC: Israel criticizes the ICC for perceived bias, particularly after the court accepted “The State of Palestine” as a member in 2015 and later announced investigations into potential crimes in Palestinian territories.
  • ICC Charges Against Other World Leaders: The ICC has previously issued arrest warrants for global figures such as Russian President Vladimir Putin and Sudan’s Omar al-Bashir, highlighting its role in addressing international crimes.

The Associated Press has the story:

What is the International Criminal Court? Why has it Israeli officials worried?

Newslooks- THE HAGUE, Netherlands (AP) —

Israeli officials sound increasingly concerned that the International Criminal Court could issue arrest warrants for the country’s leaders more than six months into the Israel-Hamas war.

Prime Minister Benjamin Netanyahu wrote Friday in general terms about ICC action against Israeli troops and officials, and Israel’s foreign ministry has said it is also tracking reports of pending action.

FILE – Exterior view of the International Criminal Court in The Hague, Netherlands, Tuesday, Dec. 6, 2022. Israeli officials sound increasingly concerned that the International Criminal Court could issue arrest warrants for the country’s leaders more than six months into the Israel-Hamas war. (AP Photo/Peter Dejong, File)

The ICC was set up more than a decade ago to tackle impunity for war crimes, crimes against humanity, genocide and other grave crimes when states don’t prosecute them. Without a police force, the ICC relies on member states to arrest suspects.

Netanyahu said on the social platform X Friday that Israel “will never accept any attempt by the ICC to undermine its inherent right of self-defense.”

“While the ICC will not affect Israel’s actions, it would set a dangerous precedent,” he wrote.

Israel’s Foreign Ministry said late Sunday that it had informed missions abroad of “ rumors ” that the court could order the arrest of senior Israeli political and military officials. The ministry did not give a source for the rumors.

In a statement emailed to The Associated Press, the court’s prosecution office declined to comment in detail.

WHAT IS THE ICC?

The ICC’s 124 member states signed on to a 2002 treaty called the Rome Statute. Dozens of countries did not sign and do not accept the court’s jurisdiction over war crimes, genocide and other crimes. They include Israel, the United States, Russia and China.

The ICC becomes involved when nations are unable or unwilling to prosecute crimes on their territory. Israel argues that it has a functioning court system, and disputes over a nation’s’ ability or willingness to prosecute have fueled past disputes between the court and individual countries.

Former President Donald Trump speaks to members of the media at Manhattan criminal court in New York, Thursday, April 25, 2024. (Jeenah Moon/Pool Photo via AP)

In 2020, then-President Donald Trump slapped economic and travel sanctions on the ICC prosecutor and another senior prosecution office staffer. The ICC staff were looking into U.S. and allies’ troops and intelligence officials for possible war crimes in Afghanistan.

President Joe Biden, whose administration has provided crucial military and political support for the Gaza offensive, lifted the sanctions in 2021.

President Joe Biden waves as he walks out of the White House in Washington, Thursday, April 25, 2024, before departing on a trip to New York. (AP Photo/Susan Walsh)

The ICC has 17 ongoing investigations, has issued a total of 42 arrest warrants and taken 21 suspects into custody. Its judges have convicted 10 suspects and acquitted four.

In its early years, the court was criticized for focussing on crimes in Africa — 10 of its investigations are in African nations — but now has investigations in Asia, Europe, the Middle East and Latin America.

WHAT IS ISRAEL’S RELATIONSHIP WITH THE ICC?

Israel often levies accusations of bias at international bodies such as the United Nations. The ICC is not a U.N. body but accepted “The State of Palestine” as a member in 2015, a year after the Palestinians accepted the court’s jurisdiction.

The court’s chief prosecutor at the time announced in 2021 that she was opening an investigation into possible crimes on Palestinian territory. Netanyahu slammed the decision as hypocritical and antisemitic.

FILE – Israeli Prime Minister Benjamin Netanyahu chairs a cabinet meeting at the Kirya military base, which houses the Israeli Ministry of Defense, in Tel Aviv, Israel, on Dec. 24, 2023. Israeli officials sound increasingly concerned that the International Criminal Court could issue arrest warrants for the country’s leaders more than six months into the Israel-Hamas war. Netanyahu said on the social platform X Friday, April 26, 2024, that Israel “will never accept any attempt by the ICC to undermine its inherent right of self-defense.” (AP Photo/Ohad Zwigenberg, Pool, File)

Current ICC Prosecutor Karim Khan visited Ramallah and Israel in December, meeting Palestinian officials and families of Israelis killed or taken hostage by Hamas militants in the Oct. 7 attack that sparked the Israel-Hamas war.

Khan called Hamas’ actions “some of the most serious international crimes that shock the conscience of humanity, crimes which the ICC was established to address,” and called for the immediate and unconditional release of all hostages.

Khan said that “international humanitarian law must still apply” in the Israel-Hamas war and “the Israeli military knows the law that must be applied.”

WHO ELSE HAS THE ICC CHARGED?

A year ago after the court issued a warrant for Russian President Vladimir Putin on charges of responsibility for the abductions of children from Ukraine. Russia responded by issuing its own arrest warrants for Khan and ICC judges.

FILE – Russian President Vladimir Putin attends the annual congress of the Russian Union of Industrialists and Entrepreneurs in Moscow, Russia, Thursday, April 25, 2024. A year ago after the International Criminal Court issued a warrant for Putin on charges of responsibility for the abductions of children from Ukraine. Russia responded by issuing its own arrest warrants for ICC Prosecutor Karim Khan and ICC judges. (Alexander Kazakov, Sputnik, Kremlin Pool Photo via AP, File)
FILE – Sudan’s President Omar al-Bashir attends a ceremony for Turkey’s President Recep Tayyip Erdogan, at the Presidential Palace, July 9, 2018, in Ankara, Turkey. Ousted Sudanese strongman Omar al-Bashir was charged by the International Criminal Court on allegations including genocide in his country’s Darfur region. (AP Photo/Burhan Ozbilici, File)

Other high-profile leaders charged by the court include ousted Sudanese strongman Omar al-Bashir on allegations including genocide in his country’s Darfur region. Former Libyan leader Moammar Gadhafi was captured and killed by rebels shortly after the ICC issued a warrant for his arrest on charges linked to the brutal suppression of anti-government protests in 2011.

FILE – Libyan leader Muammar Gadhafi delivers his speech during a meeting with hundreds of prominent Italian women in a concert hall, June 12, 2009, in Rome. The former Libyan leader was captured and killed by rebels shortly after the International Criminal Court issued a warrant for his arrest on charges linked to the brutal suppression of anti-government protests in 2011. (AP Photo/Andrew Medichini, File)

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