Why is the International Criminal Court under attack? - BBC News

Summary

The International Criminal Court (ICC), established in 2002, faces questions of effectiveness and legitimacy, particularly from the US, which denies its jurisdiction and authority. With 123 members, the court lacks support from major powers like the US, Russia, and China. Criticized for focusing on African cases, the ICC has only convicted eight individuals and acquitted two. Its probe into Myanmar's Rohingya crisis exemplifies the challenges it faces, relying on state cooperation for enforcement, highlighting the difficulties of global justice without universal backing.

Takeaways

• 🌍 The International Criminal Court (ICC) was established in 2002 to prosecute individuals for genocide, war crimes, crimes against humanity, and crimes of aggression.
• ❓ The effectiveness and legitimacy of the ICC have been widely questioned, especially regarding its jurisdiction and authority.
• 🇺🇸 The United States is strongly opposed to the ICC, claiming it has no jurisdiction, legitimacy, or authority over American citizens.
• 🗺️ The ICC has 123 member countries, but major powers like the US, Russia, and China are not members and do not recognize its jurisdiction.
• ⚖️ The US has threatened to take tough actions against the ICC if it attempts to prosecute American citizens for alleged war crimes in Afghanistan.
• 🇮🇱 The US also opposes the ICC's potential investigation into Israeli actions in occupied Palestinian territories, arguing it undermines national sovereignty.
• 🌍 The ICC has been criticized for disproportionately targeting African countries, with all 26 cases brought before the court involving crimes committed in Africa.
• ✅ To date, the ICC has reached verdicts in six cases, resulting in eight convictions and two acquittals.
• 🕵️‍♂️ The ICC is investigating alleged crimes outside Africa, including ethnic violence against Rohingya Muslims in Myanmar, but faces jurisdictional challenges.
• 🚫 The ICC lacks its own police or enforcement body, relying on member states to extradite suspects, which complicates its ability to prosecute offenders, especially without support from powerful nations like the US.

Q & A

What is the International Criminal Court (ICC) and when was it established?

The International Criminal Court (ICC) is an institution set up in 2002 to bring to justice perpetrators of genocide, war crimes, crimes against humanity, and the crime of aggression.

Why has the legitimacy and effectiveness of the ICC been questioned?

The legitimacy and effectiveness of the ICC have been questioned due to its perceived lack of jurisdiction, particularly by powerful countries like the US, Russia, and China, as well as its focus on cases predominantly from Africa.

What is the US stance on the ICC?

The US has been strongly opposed to the ICC, claiming that the court has no jurisdiction, legitimacy, or authority over the United States. The US has also threatened action against the ICC if it attempts to prosecute Americans for alleged war crimes.

How many countries are members of the ICC, and which major nations are not part of it?

The ICC has 123 member countries. However, significant nations like the US, Russia, and China are not part of the court and do not accept its jurisdiction.

What specific actions has the US opposed regarding the ICC's investigations?

The US has opposed potential ICC investigations into alleged war crimes by Americans in Afghanistan and Israeli actions in occupied Palestinian territory, arguing that the court undermines national sovereignty.

What criticism has the ICC faced regarding its focus on African countries?

The ICC has been criticized for unfairly targeting African countries, as all 26 cases brought before the court have dealt with crimes committed in Africa.

How many verdicts has the ICC reached so far, and what were the outcomes?

The ICC has reached verdicts in six cases, resulting in eight convictions and two acquittals.

What recent investigation did the ICC announce related to the Rohingya crisis?

In September 2018, the ICC announced a probe into the treatment of the Rohingya Muslims facing ethnic violence in Myanmar, despite Myanmar not being a member of the ICC.

How has the ICC managed to investigate crimes in Myanmar, despite the country not being a member?

The ICC determined that elements of the alleged crimes against the Rohingya took place in Bangladesh, which is an ICC member, allowing the court to open a preliminary examination.

What challenges does the ICC face in enforcing its decisions?

The ICC faces significant challenges in enforcing its decisions, as it does not have its own police or enforcement body and must rely on member states, such as Myanmar, to extradite suspects.