War on Gaza: The ICC must seize this moment to hold Israel accountable
International Criminal Court
Richard Falk writes in Middle East Eye on 6 May 2024:
Since its establishment in 2002, the International Criminal Court (ICC) has struggled to find a path to legitimacy.
Its creation was a triumph for the Global South in extending the potential reach of international criminal law, although it was limited from the outset by its existence outside the formal UN framework, and by the failure of the geopolitical “big three” (the US, China and Russia) to join. In relation to present concerns, it is also limited by Israel’s refusal to sign up to the court.
Despite its wide representation, including 124 member states, the ICC has struggled for recognition, influence and legitimacy.
In its early years, it was blamed for focusing its activities on the alleged wrongdoings of African leaders, suggesting a racialist bias.
Later on, in relation to the alleged crimes of the US in Afghanistan and Israel in occupied Palestine, the ICC sat on files containing abundant evidence justifying, at the very least, diligent investigations to determine whether indictments and prosecution were legally warranted.
Because the court did nothing, an impression was formed that the ICC was too weak to resist western pressures. Its inaction was partly attributed to the radical ultra-nationalism of the Trump presidency, which had the temerity to impose sanctions on its prosecutor in an effort to prevent investigations of the US and Israel.
The story goes on, but with twists. When Russia attacked Ukraine in 2022, the ICC was called upon by NATO to act with unaccustomed haste. It obliged by expediting its procedures to move forward with a determination over whether Russian President Vladimir Putin should be indicted for war crimes – again seeming to serve the interests of the West – and swiftly issued an arrest warrant.
Reputation for weakness
Such haste has not been evident in the ICC’s response to the legal initiative of Chile and Mexico over the unfolding humanitarian catastrophe in Gaza, with the two governments asking the court to investigate Israel’s violations against civilians.