Why issued an arrest warrant?
The ICC may investigate and prosecute only if the national justice system of the country concerned does not, in the view of the Court, investigate or prosecute the same alleged crime.
ICC spokesman Fadil Abdullah told UN News that the “primary responsibility rests with the national judiciary” “However, if there is no substantive investigation or prosecution, the International Criminal Court must investigate in accordance with legal requirements.” will be filed.”
“This means that it is not enough to simply have a legal system, but it needs to be demonstrated that the legal system is active in relation to the crime or alleged crime.”
Remember that on October 7, 2023, a massive attack was launched on Israel led by Hamas, after which the Gaza War began.
The warrants relate to alleged war crimes in the deadly Gaza war, which has lasted more than a year, indicating that judges have reasonable grounds to believe the suspects committed crimes under the ICC’s jurisdiction.
This is just the first step
Fadil Abdullah said that at the pre-trial stage, the accused has to challenge the admissibility of the proceedings. “It is possible for the country concerned or the suspect to ask the ICC to stop proceedings against it. But this demand must be based on evidence that there is no evidence at the national level for the same alleged conduct. “There are serious allegations pending.”
It is also important to note that the ICC does not try suspects in absentia: defendants must be physically present in court for the trial to begin.
All defendants are presumed innocent until proven innocent beyond a reasonable doubt before the ICC.
Every defendant is entitled to a public and fair trial. If and when suspects appear in court, they are provided with a defense team if necessary, and go through a trial phase to confirm the charges before proceeding to trial.
Once the defendant appears in court, a “confirmation of charges” hearing is held, where the judge, after hearing from the defense, decides to move the case to trial based on the prosecution’s evidence.
If they decide to proceed, the defense and prosecution call witnesses and present evidence. Legal representatives of victims also have the right to present their comments in person.
The court then decides whether the defendant is innocent or guilty and what their punishment should be.
Finally, defendants have the right to appeal to the ICC’s Appeals Chamber, which is composed of five judges, three pre-trial judges and three separate judges.
How important are these warrants?
The answer to this question lies in why the court was established in the first place. The International Criminal Court (ICC), established in 2002, is the world’s first permanent, treaty-based international criminal court to investigate and prosecute individuals accused of crimes against humanity, war crimes, genocide and aggression.
Warrants indicate that the rule of law must be upheld and provide a legal route to justice, which is critical to breaking the cycle of violence and retaliation.
It is mandatory for countries that recognize the ICC to approve such warrants.
The court has no police to enforce warrants and relies on its member states to enforce its orders.
This means that, if Benjamin Netanyahu, Yoav Galant or Mohammed Deif travel to one of the 124 countries that recognize the court’s jurisdiction, authorities in that country must arrest them and detain them in a prison in the Netherlands where the court is located. (Regarding Mohammed Deif, Israel claims he is dead, although this has not been confirmed by Hamas).
If the accused are not likely to appear in the trial, then why issue the warrant?
Fadil Abdullah said, “The judges gave their decision based on their interpretation of the evidence and the rule of law, we must respect that.”
“It’s important to make people believe that the law is available to them, and it’s important to make them believe that justice will be served, because if it’s not, then what else do we have for them. The cycle of violence and revenge.” Abandon the option?”
About ICC
The International Criminal Court (ICC) is not part of the United Nations, but they have a cooperative and complementary relationship.
The ICC is an independent judicial body established by the Rome Statute, which was adopted in 1998 and entered into force in 2002.
It was established to deal with serious international crimes and to ensure accountability when national justice systems are unable or unwilling to act.