Politics of ICC: Why it may all be just hot air

To better understand how the ICC operates, here is a look into some of the notable cases handled, including convictions and acquittals, as well as the legal threshold for cases to be brought before the court.

How the ICC works

The court in The Hague, Netherlands, operates independently of the UN and has jurisdiction over individuals who commit crimes within a state party to the Rome Statute or who are nationals of a state party. It can also exercise jurisdiction over crimes referred by the UN Security Council or a non-party state if the crime occurred on the territory of a state party. The court handles crimes such as genocide, war crimes, and crimes against humanity.

The ICC comprises four organs: The Presidency administers the court, Judicial Divisions hear cases and issue judgments, the Office of the Prosecutor investigates and prosecutes cases, and the Registry manages the court's overall functioning.

Kenya's link to ICC

ICC investigated the post-election violence in Kenya following the disputed presidential elections of December 2007. The prosecutor opened an investigation on their own initiative under Article 15 of the Rome Statute, identifying six suspects including current president William Ruto and former President Uhuru Kenyatta. Ruto and Kenyatta were charged with crimes against humanity. However, the cases faced challenges such as witness tampering, recantation, and insufficient evidence leading to several charges being dropped or cases terminated.

In 2019, the ICC Appeals Chamber upheld a decision to terminate the case against Ruto and co-accused radio presenter Joshua Sang. The ICC prosecutor's office announced the end of the Kenyatta case in 2021 due to a lack of sufficient evidence and other factors impeding the case's progress. The ICC faced criticism from some Kenyans who felt that their leaders were unfairly targeted, while others believed that the court was necessary for accountability.

Notable cases handled by the court

Since its establishment in 2002, the ICC has handled several high-profile cases. They include:

• Congolese warlord Thomas Lubanga's conviction for using child soldiers
• Ivory Coast President Laurent Gbagbo's and aide Charles Ble Goude's acquittal for post-election violence between 2010-2011
• Cases related to conflicts in Darfur, Sudan and Libya
• Former Congolese vice president Jean-Pierre Bemba's conviction for war crimes and crimes against humanity in 2016
• Saif al-Islam Gaddafi's indictment in 2011 for crimes against humanity during the Libyan civil war, later released due to concerns over trial fairness
• Jihadist Ahmad al-Faqi al-Mahdi's conviction for destroying historical monuments in Timbuktu

ICC has had 10 convictions, 17 investigations, and ongoing cases against former Sudanese President Omar al-Bashir, with 38 arrest warrants issued. According to the ICC, there has so far been 31 cases before the court, with some cases having more than one suspect. The court has several ongoing cases, including against former Sudanese President.

Legal threshold

The prosecution must prove beyond reasonable doubt that the individual committed a crime within the jurisdiction of the court, and that the crime was committed with criminal intent. The ICC also adheres to the principle of complementarity, meaning that it will only prosecute cases if the state in question is unable or unwilling to do so itself.

Steps in ICC prosecution

• Jurisdiction: Limited to crimes committed in member states or cases referred by the UN Security Council.
• Investigation: Conducted by ICC Prosecutor's Office to determine if there is sufficient evidence to proceed.
• Formal Investigation: Request for authorisation from ICC Pre-Trial Chamber to gather more evidence and build a case.
• Arrest: Relies on member states to arrest and transfer suspects; ICC can issue arrest warrants.
• Trial: Accused is entitled to fair trial; ICC has its own judges and trial chamber in The Hague.
• Verdict: Guilty verdict results in sentencing by judges. The maximum sentence is life In jail.

Putin arrest warrant: Russia a non-party to ICC

ICC issued an arrest warrant for Vladimir Putin on March 17 for the alleged illegal deportation of children from Ukraine to Russia. Russia is not an ICC member and called the warrant meaningless. Other non-ICC countries include US, China, India, Indonesia, Iran, Israel, and Turkey. ICC investigated non-member countries like Afghanistan and Palestine over atrocities involving US forces, and Israeli forces but cooperation may prove challenging for the court due to lack of cooperation from non-party members.

The ICC has been widely criticised for only targeting African leaders. To date, no European leaders have been taken to the court for prosecution. [Compiled by: Amos Mabinda, Sources: ICC, UNSC, BBC, Reuters]

However, some European countries, including the UK, have faced scrutiny and criticism for their military actions in Iraq and Afghanistan, and there have been calls for investigations and prosecutions related to those conflicts.

[Compiled by: Amos Mabinda, Sources: ICC, UNSC, BBC, Reuters]