Originally Posted by New Brisavoine
The ICC is not a an international court of everything that could judge all the "baddies" of this planet. Its jurisdiction is strictly limited both ratione personae and ratione materiae. Ratione personae, it can only indict people who are citizens of countries who are parties to the Rome Statute, or the citizens of countries not parties but who commit a crime on the territory of one of the states parties to the Rome Statute, or who commit a crime on the territory of a state not party to the Rome Statute but which grants jurisdiction to the ICC to try crimes committed over its territory (such as Ukraine has done), or finally a person from a state not party to the Rome Statute who commits a crime on the territory of a state not party to the Rome Statute but whom the UN Security Council refers to the ICC (e.g. Omar al-Bashir of Sudan, back when the UN Security Council wasn't deadlocked as it is now).
So Putin couldn't be indicted for things he does in Russia, because Russia is not a state party to the Rome Statute, but he could be indicted for things he does in Ukraine, because Ukraine granted jurisdiction to the ICC. For the same reason, the Chinese leaders cannot be indicted for things they do in China, but could be indicted for things they'd do in, say, Mongolia, a state party to the Rome Statute. And Bashar al-Assad alas cannot be indicted for things he does in Syria, not party to the Rome Statute. But he could be indicted for things he'd do in, say, Jordan, which is party to the Rome Statute. Ironically, if Bashar al-Assad committed war crimes in Israel, he couldn't be indicted by the ICC, because Israel is not party to the Rome Statute.
Ratione materia, the ICC cannot judge all crimes. Its jurisdiction is strictly limited to 4 crimes: genocides, crimes against humanity, war crimes, and the crime of aggression. So the president of Tunisia (a country party to the Rome Statute) imprisoning political opponents cannot be indicted by the ICC, because suppressing political dissent and imprisoning political opponents is not one of the crimes covered by the ICC.
In the case of Israel's actions in Gaza: ratione personae Israel is not a party to the Rome Statue, but the State of Palestine (to which Gaza formally belongs) is, so any national doing things in Gaza falls within the jurisdiction of the ICC ratione personae. And ratione materiae, the Israeli leadership is suspected of having committed both war crimes and crimes against humanity (such as not feeding displaced people), which are two crimes covered by the ICC.
The court sent a questionnaire to the government of Israel several months ago, asking very specific questions and demanding answers to explain Israel's actions. The Israeli authorities simply chose to ignore the court and not respond, in total contempt of the court. They cannot be surprised if at long length the court finally decides to indict them.
One last point: an indictment is not a conviction. Netanyahu is still presumed innocent, like any person indicted. He has the right to a lawyer and to defend himself. Simply ignoring the court won't work though. It may take time, but he will have to answer for what he has condoned sooner or later.
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