Understanding the International Criminal Court: An Overview

Israeli Prime Minister Benjamin Netanyahu is set to embark on a four-day visit to Hungary tomorrow, disregarding an International Criminal Court arrest warrant related to allegations of war crimes in Gaza.

Israel has dismissed these accusations, claiming they are politically driven and fueled by antisemitism.

Here are some key facts about the ICC.

When was the ICC established and what is its purpose?

The ICC can prosecute crimes committed by nationals of member states or on the territory of member states by other individuals. It has a total of 125 member states.

The court’s budget for 2025 is approximately €195 million.

What investigations is the ICC currently pursuing?

The ICC is investigating incidents occurring in Palestinian territories, Ukraine, and several African countries such as Uganda, the Democratic Republic of Congo, and Kenya, as well as in Venezuela in Latin America and Myanmar and the Philippines in Asia.

The court reports that there have been 32 cases presented before it, some involving multiple suspects. ICC judges have issued at least 60 arrest warrants.

How many individuals has the court convicted?

To date, ICC judges have handed down 11 convictions and four acquittals.

A total of 21 individuals have been detained at the ICC detention center in The Hague and have appeared before the court, while 31 remain at large. Charges against seven individuals were dropped following their deaths.

Out of the 11 convictions, only six pertain to the court’s core crimes of war crimes and crimes against humanity, while the others relate to offenses like witness tampering.

The six convicted individuals were all militia leaders from African countries, including the Democratic Republic of Congo, Mali, and Uganda. Sentences ranged from nine to 30 years in prison.

The maximum penalty available is life imprisonment.

Who is currently on the court’s arrest warrant list?

Former Philippine President Rodrigo Duterte was arrested on March 11 following an ICC warrant.

Prosecutors accuse him of establishing and arming death squads responsible for the deaths of thousands of individuals perceived as drug users and dealers during his administration.

Mr. Duterte has stated he takes full responsibility for the “war on drugs” as he prepares for his legal defense.

Other notable individuals on the ICC’s radar include Mr. Netanyahu, who faces accusations of being criminally responsible for actions including murder, persecution, and the use of starvation as a weapon of war in the Gaza conflict, and Russian President Vladimir Putin, accused of the war crime of unlawfully deporting hundreds of children from Ukraine.

Both Israel and Russia have repeatedly denied their forces have committed atrocities in Gaza and Ukraine, respectively, and they argue that the ICC lacks jurisdiction over them.

When the warrant for Mr. Netanyahu was issued, the ICC also issued a warrant for the arrest of Hamas military commander Mohammed Deif, whose death has since been confirmed.

The ICC prosecutor has also requested arrest warrants for high-ranking leaders from Afghanistan and Myanmar, but these have not yet been formally endorsed by judges.

Which countries are not part of the ICC?

While many United Nations members and the European Union support the court, some countries, including the United States, China, and Russia, are not members, citing concerns that the ICC could be used for politically motivated prosecutions.

Myanmar is not a member of the court; however, in 2018 and 2019, judges ruled that the court had jurisdiction over alleged cross-border crimes that occurred partially in neighboring ICC member Bangladesh, such as deportation and persecution, allowing prosecutors to initiate a formal investigation.

Israel is not a member and does not recognize the court’s jurisdiction, but the Palestinian territories were granted ICC membership in 2015.

This ruling, combined with a decision from judges, means the court can investigate potential war crimes committed by Hamas fighters in Israel and by Israelis in the Gaza Strip.

While the Philippines is not currently an ICC member, it was from 2011 until 2019 when Mr. Duterte’s unilateral withdrawal was finalized.

According to the court’s founding 1998 Rome Statute, even if a state exits its membership, it retains jurisdiction over crimes that occurred during the membership period.

In February 2025, US President Donald Trump authorized economic and travel sanctions against individuals involved in ICC investigations concerning US citizens or allies like Israel.

So far, Chief Prosecutor Karim Khan has been the only ICC staff member subjected to these sanctions, which are set to take effect on April 7.

Read more: Netanyahu to defy ICC arrest warrant in visit to Hungary

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