Here’s what we know so far.
Why were these arrest warrants issued?
The ICC can only investigate and prosecute if the national justice systems of the countries concerned are not, in the eyes of the Court, carrying out genuine investigations or prosecutions for the same alleged crimes.
“The primary responsibility lies with national judicial systems,” explained Fadi El Abdallah, spokesperson for the ICC, to ONU Info. “However, if there are no genuine investigations or prosecutions, the Court must investigate and prosecute when the legal conditions are met. So this means that it is not enough to have a legal system, you also have to demonstrate that this legal system is active in relation to crimes or alleged crimes.”
The arrest warrants, linked to alleged war crimes stemming from the year-long Gaza conflict sparked by Hamas-led attacks in Israel, indicate that judges found reasonable grounds to believe that the suspects are responsible for crimes falling within the jurisdiction of the ICC.
This is just the first step
At the preliminary stage, the accused can challenge the admissibility of the procedure. “The state concerned or the suspect concerned can ask the ICC to end the proceedings against them,” explains Mr. El Abdallah, “but this must be based on proof that there are real serious prosecutions, at the level national, for the same alleged behavior.”
It is also important to note that the ICC does not conduct trials in absentia: defendants must be physically present for the case to begin.
All defendants are presumed innocent until proven guilty beyond a reasonable doubt before the ICC. Each accused has the right to a public and impartial trial. If and when the suspects appear in court, they are provided with a defense team if necessary, and go through a confirmation hearing before the case can proceed to trial.
Once the defendants appear in court, a “confirmation of charges” hearing takes place, during which judges will decide, after hearing from the defense, whether the Prosecution’s evidence is still strong enough for the case to proceed. at trial.
If they decide to move forward, the defense and prosecution will call witnesses and present evidence. Legal representatives of victims also have the right to present their observations in person.
The Court then decides whether the defendants are innocent or guilty, and what their sentence should be.
Finally, defendants have the right to appeal to the ICC Appeals Chamber, composed of five judges, different from the three pre-trial judges and the other three trial judges.
How important are these mandates?
The answer to this question lies in why the Court was created in the first place. Established in 2002, the ICC is the world’s first permanent, treaty-based international criminal court charged with investigating and prosecuting perpetrators of crimes against humanity, war crimes, genocide and crimes of aggression. .
Warrants send a signal that the rule of law must be respected and provide a legal path to justice, which is essential to breaking the cycle of violence and revenge.
Countries that recognize the Court are obliged to support the mandates.
The Court has no police force to enforce its mandates and depends on its member states to implement its orders. This means that if Mr. Netanyahu, Mr. Gallant or Mr. Deif (whom Israel claims to have killed, although this has not been confirmed by Hamas) travel to one of the 124 countries that accept the jurisdiction of the Court, the authorities of the country in question should arrest them and deliver them to a detention center in the Netherlands, where the Court sits.
Why issue arrest warrants if the accused are not likely to stand trial?
“The judges decided, based on the evidence and the rule of law as they interpreted it, and we must respect that,” says Mr. El Abdallah.
“It is important to let people think that the law is there for them, and that they believe that justice will be done, because otherwise, what choices are we giving them, other than continuing in the cycle of violence and revenge ? »
About the ICC
- The International Criminal Court (ICC) is not part of the United Nations, but it maintains a cooperative and complementary relationship with them.
- The ICC is an independent judicial body established by the Rome Statute, adopted in 1998 and entered into force in 2002.
- It was created to deal with serious international crimes and ensure accountability of perpetrators when national justice systems are unable or unwilling to act.
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