International Criminal Court
ICC opens inquiry into Hungary for failing to arrest Netanyahu
Judges at the International Criminal Court want Hungary to explain why it failed to arrest Israeli Prime Minister Benjamin Netanyahu when he visited Budapest earlier this month.
In a filing released late Wednesday, The Hague-based court initiated non-compliance proceedings against Hungary after the country gave Netanyahu a red carpet welcome despite an ICC arrest warrant for crimes against humanity in connection with the war in Gaza, AP reports.
During the visit, Hungarian Prime Minister Viktor Orbán announced his country would quit the court, claiming on state radio that the ICC was “no longer an impartial court, not a court of law, but a political court.”
The Hungarian leader, regarded by critics as an autocrat and the EU’s most intransigent spoiler in the bloc’s decision-making, defended his decision to not arrest Netanyahu.
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“We signed an international treaty, but we never took all the steps that would otherwise have made it enforceable in Hungary,” Orbán said at the time, referring to the fact that Hungary’s parliament never promulgated the court’s statute into Hungarian law.
Judges at the ICC have previously dismissed similar arguments.
The ICC and other international organizations have criticized Hungary’s defiance of the warrant against Netanyahu. Days before his arrival, the president of the court’s oversight body wrote to the government in Hungary reminding it of its “specific obligation to comply with requests from the court for arrest and surrender.”
A spokesperson for the ICC declined to comment on the non-compliance proceedings.
Hungary’s decision to leave the ICC, a process that will take at least a year to complete, will make it the sole non-signatory within the 27-member European Union. With 125 current signatory countries, only the Philippines and Burundi have ever withdrawn from the court as Hungary intends.
It’s the third time in the past year that the court has investigated one of its member states for failing to arrest suspects. In February, judges asked Italy to explain why the country sent a Libyan man suspected of torture and murder home on an Italian military aircraft rather than handing him over to the court.
In October judges reported Mongolia to the court’s oversight organization for failing to arrest Russian President Vladimir Putin when he visited the Asian nation.
Hungary has until May 23 to submit evidence in its defense.
26 days ago
Hungary plans to withdraw from International Criminal Court as Netanyahu arrives despite warrant
Hungary said Thursday it will begin the procedure of withdrawing from the world’s only permanent global tribunal for war crimes and genocide.
“Hungary will withdraw from the International Criminal Court,” Gergely Gulyás, who is Prime Minister Viktor Orbán chief of staff wrote in a brief statement. “The government will initiate the withdrawal procedure on Thursday, in accordance with the constitutional and international legal framework.”
The announcement came as Israeli Prime Minister Benjamin Netanyahu arrived in the Hungarian capital, Budapest, despite an international arrest warrant against him over his conduct of the war in the Gaza Strip.
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Hungary’s government, led by right-wing populist Orbán, extended the invitation to Netanyahu in November after the ICC, based in the Hague, Netherlands, issued the warrant accusing him of crimes against humanity.
Orbán, a close Netanyahu ally, has called the arrest warrant “outrageously impudent” and “cynical.” Member countries of the ICC, such as Hungary, are required to detain suspects facing a warrant if they set foot on their soil, but the court has no way to enforce that and relies on states to comply with its rulings.
1 month ago
Trump signs order imposing sanctions on ICC over investigations of Israel
President Donald Trump has signed an executive order imposing sanctions on the International Criminal Court (ICC) in response to its investigations into Israel, a key U.S. ally.
Neither the United States nor Israel recognizes or holds membership in the ICC, which recently issued an arrest warrant for Israeli Prime Minister Benjamin Netanyahu over alleged war crimes related to Israel’s military actions in Gaza following the October 2023 Hamas attack. The Israeli response has resulted in the deaths of tens of thousands of Palestinians, including children.
Trump’s order, signed on Thursday, accuses the ICC of engaging in “illegitimate and baseless actions” against the United States and Israel, criticizing the court for issuing what it calls “unfounded arrest warrants” for Netanyahu and former Defense Minister Yoav Gallant. The document asserts that the ICC has no jurisdiction over either country and warns that its actions set a “dangerous precedent.”
The move coincided with Netanyahu’s visit to Washington, where he met with Trump at the White House on Tuesday and later held discussions with U.S. lawmakers on Capitol Hill.
According to the order, the U.S. will impose “tangible and significant consequences” on those responsible for the ICC’s actions. These measures could include freezing assets, blocking property, and restricting entry into the United States for ICC officials, employees, and their relatives.
Human rights advocates have strongly criticized the sanctions, warning that such measures could undermine global efforts to hold perpetrators of atrocities accountable. They argue that the move not only restricts access to justice for victims of human rights violations but also contradicts U.S. interests in other international conflict zones where the ICC is active.
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“Victims of human rights abuses worldwide rely on the ICC when they have no other recourse,” said Charlie Hogle, a staff attorney with the American Civil Liberties Union’s National Security Project. He added that Trump’s executive order makes it more difficult for them to seek justice and poses serious First Amendment concerns by penalizing those assisting the ICC in investigating war crimes.
Sarah Yager, Washington director for Human Rights Watch, also criticized the decision, stating, “You can disagree with the court’s approach, but this is beyond acceptable.”
The U.S. has historically maintained a complicated relationship with the ICC. While it helped negotiate the Rome Statute that established the court, the U.S. voted against its adoption in 1998. President Bill Clinton signed the statute in 2000 but did not seek Senate ratification. Under President George W. Bush, the U.S. withdrew its signature and pressured other countries to sign agreements preventing them from turning over Americans to the ICC.
Trump had previously sanctioned former ICC chief prosecutor Fatou Bensouda in 2020 for investigating war crimes in Afghanistan involving U.S. forces. President Joe Biden later lifted those sanctions, allowing limited cooperation with the court, particularly after ICC prosecutor Karim Khan charged Russian President Vladimir Putin with war crimes in Ukraine in 2023.
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Senator Lindsey Graham, a longtime ICC critic, had previously facilitated dialogue between Khan and Republican lawmakers. However, he now feels betrayed and has vowed to take action against the court and any country enforcing Netanyahu’s arrest warrant. “This is a rogue court, a kangaroo court,” Graham said, warning that the legal reasoning used against Israel could eventually target the U.S.
Biden has also denounced the arrest warrants, and his national security adviser, Mike Waltz, has accused the ICC of antisemitic bias. Some European nations, including the Netherlands, have pushed back against potential U.S. sanctions, advocating for continued support of the court’s mission.
Potential U.S. sanctions could severely impact the ICC’s ability to function, making it difficult for investigators to travel and compromising key evidence-handling technologies. The court recently suffered a cyberattack that disrupted access to critical files for weeks, adding to its operational challenges.
3 months ago
International Criminal Court president lashes out at US, Russia over threats
The president of the International Criminal Court (ICC) harshly criticised both the United States and Russia for interfering in its investigations, describing their threats and criticism as “appalling.”
Judge Tomoko Akane, in her address at the ICC’s annual meeting on Monday, said, “The court is being threatened with draconian economic sanctions by another permanent member of the Security Council as if it was a terrorist organisation.”
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Akane’s comments referenced remarks by US Senator Lindsey Graham, who, as a leading member of the Republican Party set to control both branches of Congress in January, called the ICC a “dangerous joke” and urged sanctions against the court’s prosecutor. “To any ally, Canada, Britain, Germany, France, if you try to help the ICC, we’re going to sanction you,” Graham declared on Fox News.
This marks the first instance where a sitting Western leader has been directly challenged by the court.
Graham's response followed a decision last month where ICC judges authorised arrest warrants for Israeli Prime Minister Benjamin Netanyahu, his former defence minister, and Hamas’ military chief over alleged crimes against humanity related to the 14-month-long Gaza war.
The ICC’s decision has drawn criticism from various quarters, with many supporters giving it lukewarm approval, unlike the strong backing seen for the arrest warrant issued last year for Russian President Vladimir Putin over war crimes in Ukraine.
Graham’s threats are seen as significant, considering President-elect Donald Trump previously sanctioned the court’s former prosecutor, Fatou Bensouda, imposing travel bans and asset freezes for investigating US personnel in Afghanistan.
Akane also directed sharp words at Russia. “Several elected officials are being subjected to arrest warrants from a permanent member of the Security Council,” she noted, referring to Moscow’s issuance of warrants against Karim Khan and others involved in the investigation of Putin.
The Assembly of States Parties, representing the ICC’s 124 member nations, will convene its 23rd conference to elect committee members and discuss the court’s budget amid challenging media coverage.
Established in 2002, the ICC is the world’s permanent court for prosecuting the gravest crimes such as war crimes, genocide, and crimes against humanity. It intervenes when nations are unwilling or unable to prosecute offenders domestically. While 124 countries have ratified the Rome Statute founding the court, Israel, Russia, and China are notable absentees.
The ICC lacks its own police force and depends on member states to arrest individuals named in warrants.
US President Joe Biden condemned the arrest warrants for Netanyahu and his former defence minister as “outrageous,” reaffirming support for Israel. In contrast, Biden had previously labelled the warrant for Putin as “justified” in connection with Ukraine’s war crimes. The US is not an ICC member.
France stated it would “respect its obligations” but needed to consider potential immunities for Netanyahu. France had previously voiced support for the ICC’s efforts when the warrant for Putin was issued. Austria reluctantly said it would arrest Netanyahu but deemed the warrants “utterly incomprehensible.” Italy called them “wrong” but indicated it would be obligated to comply. Germany said it would review the decision, while Hungary affirmed its support for Israel over the court.
Janina Dill, a global security expert, expressed concern that such reactions might undermine international justice, warning that “it really has the potential to damage not just the court, but international law.”
Milena Sterio, an international law expert at Cleveland State University, noted that sanctions against the ICC could impact individuals contributing to its work, including human rights lawyer Amal Clooney, who advised on the warrants for Netanyahu and others. “Sanctions are a huge burden,” Sterio said.
The meeting is also shadowed by internal challenges for Khan, who in October faced allegations of sexual misconduct involving a female aide. The court’s independent watchdog received reports from two colleagues of the aide and interviewed her before closing the inquiry after she declined to file a formal complaint. Khan denied the claims and was not questioned. The Assembly of States Parties plans an external investigation into these allegations, though it is unclear if this will be addressed at the conference.
The ICC has long faced criticism over its effectiveness and, following the conclusion of two trials in December, will have no active trials. Despite issuing several arrest warrants recently, many high-profile suspects remain unapprehended.
Member states sometimes fail to act. Mongolia refused to arrest Putin when he visited in September. Sudan’s former president, Omar al-Bashir, remains wanted for alleged crimes in Darfur, but Sudan has not surrendered him. Last week, Khan requested an arrest warrant for Myanmar’s Senior Gen. Min Aung Hlaing for attacks against the Rohingya, with judges yet to rule on it.
Sterio emphasised the difficulty in justifying the court’s existence, stating, “It becomes very difficult.”
5 months ago
US civil liberties group sues Biden for ‘failure to prevent genocide’ in Gaza
A civil liberties organisation in New York is suing US President Joe Biden for allegedly failing in his duties under international and US law to prevent Israel from committing genocide in Gaza.
The case filed by the Centre for Constitutional Rights (CCR) on behalf of multiple Palestinian groups and individuals said that Israel's acts, including "mass killings," targeting of civilian infrastructure, and forced expulsions, amount to genocide, reports The Guardian.
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According to the CCR, the 1948 international treaty against genocide demands the United States and other countries to utilise their strength and influence to put an end to the killings, it said.
“As Israel’s closest ally and strongest supporter, being its biggest provider of military assistance by a large margin and with Israel being the largest cumulative recipient of US foreign assistance since World War II, the United States has the means available to have a deterrent effect on Israeli officials now pursuing genocidal acts against the Palestinian people in Gaza,” mentioned the complaint.
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The complaint, filed in federal court in California, seeks the court to prevent the United States from providing Israel with weapons, money, and diplomatic support. It also demands the president, Secretary of State Antony Blinken, and Defence Secretary Lloyd Austin “to take all measures within their power to prevent Israel’s commission of genocidal acts against the Palestinian people of Gaza.” These include putting pressure on Israel to stop bombing Gaza, ease its siege, and prevent the forceful deportation of Palestinians, the report said.
The CCR, which won a landmark case in the US Supreme Court in 2004 establishing the rights of prisoners held at the Guantanamo Bay, stated that the Hamas cross-border attack on October 7, in which approximately 1,200 people were killed and more than 200 were abducted, does not provide legal justification for the scale of Israel's assault on Gaza, which has killed over 11,000 Palestinians, including 4,600 children, and displaced 1.5 million people, it added.
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The case is being filed at the same time that the International Criminal Court is investigating Israel and Hamas for suspected war crimes. However, legal academics argue that genocide is a more difficult crime to establish and question whether the US president can be forced to conclude that Israel is committing genocide and so must intervene.
1 year ago
'Progress in ensuring justice for Rohingyas moves at snail's pace'
The progress in ensuring justice for the Rohingya is moving at a snail's pace, experts said Tuesday while reflecting on the fifth year of the Myanmar nationals' exodus to Bangladesh.
Creative solutions are yet to be found, they added.
The experts were speaking at the discussion "Rohingya Influx: Uncertainties at Hope" organised by ActionAid Bangladesh in partnership with, the Centre for Genocide Studies of the University of Dhaka, and the Centre for Peace and Justice of Brac University.
Despite some major decisions made by the International Court of Justice (ICJ) and the International Criminal Court (ICC) over the last couple of years, there has been little progress in furthering their cause for justice and accountability, Manzoor Hasan, chairperson of ActionAid International Bangladesh Society, said.
"The role of the UN bodies and the Association of Southeast Asian Nations (ASEAN) could have been far more robust, to say the least. The coup and current situation in Myanmar have only furthered the impunity enjoyed by the military," he added.
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2 years ago
ICC turns 20: Hague conference to mark milestone July 1
The International Criminal Court (ICC) has announced that a conference titled “International Criminal Court at 20: Reflections on the Past, Present and the Future” will take place on July 1 at the World Forum in The Hague, the Netherlands.
The conference will be webcast live in English, French and Spanish on the ICC’s YouTube channel.
The conference will be an occasion to celebrate the 20th anniversary of the International Criminal Court as one of the permanent pillars of the international legal system, said the ICC on Saturday.
The entry into force on 1 July 2002, of the ICC’s founding treaty, the Rome Statute, enabled the commencement of the Court’s operations under its mandate aimed at ensuring accountability for the gravest crimes under international law, contributing to their prevention, and providing justice to victims.
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The conference will start with a keynote speech by the Chair of Rome Conference and first ICC President Philippe Kirsch, followed by three substantive panels on various aspects on the Court's work.
Speakers will include the President, Prosecutor and Registrar of the ICC, the President of the Assembly of States Parties to the Rome Statute, the Chairperson of the Board of Directors of the ICC’s Trust Fund for Victims, the President of the International Criminal Court Bar Association, as well leading academics, civil society experts and practitioners.
The conference will allow for in-depth discussions on the different aspects of the Court’s concrete operations, from the earliest reports of alleged crimes to final judgments and the reparation of victims.
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It will also be an occasion for reflections on how well the ICC has met expectations, as well as what main trends can be discerned for the further development of the international criminal justice system going forward.
While in-person participation at the conference is by invitation only, virtual attendance is open to all interested persons.
2 years ago
Conviction in landmark case over Syrian government torture
A former member of Syrian President Bashar Assad’s secret police was convicted Wednesday by a German court of facilitating the torture of prisoners in a landmark ruling that human rights activists hope will set a precedent for other cases in the decade-long conflict.
4 years ago
UN Security Council: Refer Myanmar to ICC, impose global arms embargo
The United Nations Security Council should impose a global arms embargo on Myanmar and refer the situation in the country to the International Criminal Court (ICC), said Fortify Rights on Tuesday.
4 years ago
UK candidate Judge Joanna Korner elected to serve as a judge of ICC
UK candidate Judge Joanna Korner has been elected to serve as a judge of the International Criminal Court.
4 years ago