International criminal court

Establishment

The ICC's founding treaty was adopted by the UN General Assembly at a conference in Rome in
July 1998. After being ratified by more than sixty countries, the Rome Statute entered into force
on July 1, 2002.

Composition

 Over 900 staff members: From approximately 100 States.

 6 official languages: English, French, Arabic, Chinese, Russian and Spanish.
 2 working languages: English and French.
 Headquarters: The Hague, the Netherlands.
 2024 budget: €187,084,300

ICC Jurisdiction
The Court's founding treaty, called the Rome Statute, grants the ICC jurisdiction over four main
crimes.

1) First, the crime of genocide is characterised by the specific intent to destroy in whole or
in part a national, ethnic, racial or religious group by killing its members or by other
means: causing serious bodily or mental harm to members of the group; deliberately
inflicting on the group conditions of life calculated to bring about its physical destruction
in whole or in part; imposing measures intended to prevent births within the group; or
forcibly transferring children of the group to another group.
2) Second, the ICC can prosecute crimes against humanity, which are serious violations
committed as part of a large-scale attack against any civilian population. The 15 forms of
crimes against humanity listed in the Rome Statute include offences such as murder, rape,
imprisonment, enforced disappearances, enslavement – particularly of women and
children, sexual slavery, torture, apartheid and deportation.
3) Third, war crimes which are grave breaches of the Geneva conventions in the context of
armed conflict and include, for instance, the use of child soldiers; the killing or torture of
persons such as civilians or prisoners of war; intentionally directing attacks against
hospitals, historic monuments, or buildings dedicated to religion, education, art, science
or charitable purposes.
4) Finally, the fourth crime falling within the ICC's jurisdiction is the crime of aggression.
It is the use of armed force by a State against the sovereignty, integrity or independence
of another State. The definition of this crime was adopted through amending the Rome
Statute at the first Review Conference of the Statute in Kampala, Uganda, in 2010.
 The Rome Statute System

The Assembly of States Parties

Representatives of States Parties meet and provide management oversight for the Court,
including electing judges and the Prosecutor and approving the ICC’s budget.

Four organs of the ICC

Presidency
Conducts external relations with States, coordinates judicial matters such as assigning judges,
situations and cases to divisions, and oversees the Registry's administrative work

Judicial Divisions
18 judges in 3 divisions – Pre-Trial, Trial and Appeals – conduct judicial proceedings

OTP
conducts preliminary examinations, investigations, and prosecutions

Registry
conducts non-judicial activities, such as security, interpretation, outreach, support to Defence and
victims' lawyers, and more.

Trust Fund for Victims

Provides assistance, support and reparations to victims.

ICC Jurisdiction Over State of Palestine

On 1 January 2015, the Government of The State of Palestine lodged a declaration under article
12(3) of the Rome Statute accepting the jurisdiction of the International Criminal Court ("ICC")
over alleged crimes committed "in the occupied Palestinian territory, including East Jerusalem,
since June 13, 2014". On 2 January 2015, The State of Palestine acceded to the Rome Statute by
depositing its instrument of accession with the UN Secretary-General. The Rome Statute entered
into force for The State of Palestine on 1 April 2015.

Referent of case

On 17 November 2023, the Office received a referral of the Situation in the State of Palestine,
from South Africa, Bangladesh, Bolivia, Comoros, and Djibouti. On receipt of the referral, the
Prosecutor confirmed that it is presently conducting an investigation into the Situation in the
State of Palestine, which remains ongoing and extends to the escalation of hostilities and
violence since the attacks that took place on 7 October 2023. On 18 January 2024, the Republic
of Chile and the United Mexican State additionally submitted a referral to the Prosecutor with
respect to the situation in The State of Palestine presently under investigation and reiterated their
commitment to cooperate with the Court.

Warrants of Arrest

On 20 May 2024, the ICC Prosecutor filed applications for warrants of arrest before Pre-Trial
Chamber I:

 Concerning Yahya Sinwar, Mohammed Diab Ibrahim Al-Masri (Deif), and Ismail
Haniyeh for war crimes and crimes against humanity allegedly committed on the territory
of Israel and the State of Palestine (in the Gaza strip) from at least 7 October 2023;

 Concerning Benjamin Netanyahu and Yoav Gallant for war crimes and crimes against
humanity allegedly committed on the territory of the State of Palestine (in the Gaza strip)
from at least 8 October 2023.

It is now for the judges of the Pre-Trial Chamber I to decide whether the necessary standard for
the issuance of warrants of arrest has been met.

Charges present in referral

 Extermination as a crime against humanity, contrary to article 7(1)(b) of the Rome

Statute;
 Murder as a crime against humanity, contrary to article 7(1)(a), and as a war crime,
contrary to article 8(2)(c)(i);
 Taking hostages as a war crime, contrary to article 8(2)(c)(iii);
 Rape and other acts of sexual violence as crimes against humanity, contrary to article
7(1)(g), and also as war crimes pursuant to article 8(2)(e)(vi) in the context of captivity;
 Torture as a crime against humanity, contrary to article 7(1)(f), and also as a war crime,
contrary to article 8(2)(c)(i), in the context of captivity;
 Other inhumane acts as a crime against humanity, contrary to article 7(l)(k), in the
context of captivity;
 Cruel treatment as a war crime contrary to article 8(2)(c)(i), in the context of captivity;
and
 Outrages upon personal dignity as a war crime, contrary to article 8(2)(c)(ii), in the
context of captivity.

What would arrest warrants mean to Netanyahu

 Netanyahu called referral as “a moral outrage of historic proportions”.
 Called Karim Khan, the chief prosecutor (ICC) as one of the "great antisemites in
modern times."
 Israeli Defence Minister, Yoav Gallant described the arrest warrants as a "disgraceful"
attempt to interfere in the war. "The State of Israel is not a party to the Court and does
not recognize its authority."
 The court treats Palestine as a state as it has observer status at the United Nations, which
meant it was able to sign up to the Rome Statute which created the ICC.
 Mr Netanyahu declared that “Palestinians will never have independence on his watch.”
 If the arrest warrants are issued, it would mean that Mr Netanyahu, Israel’s longest-
serving prime minister, would not be able to visit close Western allies without risking
arrest.
 UK Prime Minister Rishi Sunak said the ICC’s actions were "not helpful to reaching a
pause in the fighting, getting hostages out or humanitarian aid in". But if the warrants
are issued, Britain would have to make the arrests, unless it could argue successfully that
Mr Netanyahu had diplomatic immunity.