On May 20th, the International Criminal Court (ICC) decided to issue arrest warrants for the Prime Minister and Defense Minister of Israel. This decision has stirred controversy and widespread criticism in the international community, raising questions about why the ICC hasn’t pursued internationally recognized dictators like Xi Jinping of China and Kim Jong-un of North Korea.
Gabriel Noronha, an Iran affairs advisor during the Trump administration, listed a group of dictators who have not been prosecuted by the ICC, including Bashar al-Assad of Syria, Xi Jinping of China, Nicolas Maduro of Venezuela, and Ali Khamenei of Iran. These individuals, along with Kim Jong-un of North Korea, have been accused of serious human rights violations by the international community.
Morgan Ortagus, a former spokesperson for the Trump administration, criticized the ICC as a “fake court,” expressing frustration over its lack of action against dictators like Xi Jinping, Assad, Khamenei, Kim Jong-un, and Maduro while targeting democratic countries like the US and Israel.
Venezuela is the only country among those mentioned that ratified the Rome Statute, the treaty establishing the ICC and its jurisdiction.
The ICC, headquartered in The Hague, Netherlands, was established in 2002 as the only permanent international criminal court. Its mandate includes investigating and prosecuting genocide, crimes against humanity, war crimes, and aggression at the national level. Currently, there are 123 countries that are party to the Rome Statute and members of the ICC.
The US, Israel, Russia, Sudan, Syria, and Iran have signed the Rome Statute but have not ratified it. China and North Korea have neither signed nor ratified the treaty.
ICC has cited the lack of China’s ratification of the Rome Statute as a reason preventing investigations into allegations of genocide and crimes against humanity against the Uighurs and other Muslim minorities.
Despite calls to transfer North Korea to the ICC, no action has been taken due to North Korea’s non-ratification of the Rome Statute.
ICC Prosecutor Karim Khan submitted arrest warrant requests to address the situation in Palestine, including Israeli Prime Minister Benjamin Netanyahu, Defense Minister Yoav Gallant, and three Hamas leaders.
President Biden and Secretary of State Blinken strongly condemned the ICC’s equating of Israel with Hamas, calling it “shameful” given Hamas’ history of terrorism and violence.
Previously, only Russia’s Vladimir Putin, Libya’s Muammar Gaddafi, and Sudan’s Omar al-Bashir have faced arrest warrants by the ICC for crimes including genocide, but these warrants did not have significant impacts on the conflicts they were involved in.
In an unrelated event, Iranian President Ebrahim Raisi died in a helicopter crash on May 19th, a development mourned by the EU and UN. Raisi, known for his brutal crackdown on dissent and ties to terrorist groups, was considered a potential successor to Iran’s Supreme Leader Khamenei.
Raisi’s past as a judge and prosecutor included leading a “death commission” that ordered the executions of tens of thousands in 1988, including children.
Critics have voiced dissatisfaction with Europe and the UN’s perceived neutral stance, with some questioning their support for dictators while targeting democratic nations like Israel.
In the midst of these controversies, the ICC’s actions and decisions continue to generate debate and criticism across the international community.