The origins of the International Criminal Court (ICC) date back to the end of the Second World War, when international military tribunals were established, among which, first of all, the one called to judge the Nazi leaders in the Nuremberg Trials. However, its formal birth only took place in 1998, on the basis of the Rome Statute, which came into force in 2002 and to which 123 countries have adhered so far. Among them, however, there are not Russia, the United States, China and India. Ukraine is not a member either, but has twice exercised its prerogatives to accept the Court’s jurisdiction over alleged crimes under the Rome Statute that have occurred on its territory since 2014.
As it explains on its own website, the ICC, which is based in The Hague, Holland, «intends to complement, not replace, national penal systems; pursues cases only when states are unwilling or unable to do so”. Its jurisdiction applies in particular for four main crimes. In the first place, the crime of genocide, characterized by the “precise intent to destroy in whole or in part a national, ethnic, racial or religious group”. Crimes against humanity, which include, among other things, “deportation”. Thirdly, war crimes and, finally, the fourth crime, namely that of aggression, which consists “in the use of armed force by a State against the sovereignty, integrity or independence of another State” .
It has now issued a warrant for Putin’s arrest, for the deportation of Ukrainian children to Russia.
As a judicial institution, he points out on his website, «the ICC does not have its own police force or enforcement body; therefore, it relies on cooperation with countries around the world for support, especially in making arrests and transferring arrested persons to the detention center in The Hague. While not a United Nations organization, the Court has a cooperation agreement with the UN, and its action has so far been significant in several cases. For example, when in 2011 he accused former Libyan leader Muammar Gaddafi of crimes against humanity. And even earlier in 2008, when he indicted former Sudanese president Omar al Bashir on charges of genocide and crimes against humanity. The ICC is currently investigating various dossiers, including crimes against the Muslim minority of the Rohingya and alleged crimes against humanity committed by the government of Venezuelan President Nicolas Maduro.
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