Governed by an international treaty called 'The Rome Statute', the ICC is the world’s first permanent international criminal court.
It investigates and, where warranted, tries individuals charged with the gravest crimes of concern to the international community: genocide, war crimes, crimes against humanity and the crime of aggression.
Through international criminal justice, ICC aims to hold those responsible for their crimes and to help prevent these crimes from happening again.
India is not a party to Rome Statute along with US and China.
The ICC Prosecutor has sought arrest warrants against the leadership of both Hamas and Israel.
This is in response to war crimes committed during the conflict that began with Hamas’s attacks on Israel and Israel’s subsequent military retaliation in Gaza.
Context of the Conflict:
On October 7, Hamas launched attacks killing over 1,500 Israelis and taking at least 245 hostages.
Israel's retaliation has resulted in the deaths of over 35,000 people in Gaza, most of whom were women and children.
Nature of the Charges:
The charges against Israeli leaders include using starvation as a method of war and intentionally killing and directing attacks against civilians.
The charges against Hamas leaders include extermination, murder, rape, torture, and taking hostages.
Impact and Reactions:
The ICC's actions could have a significant impact on Israel, highlighting a moral equivalence between the national leadership of Israel and the leaders of Hamas.
Israel, supported by the U.S. and other governments, disputes the charges, claiming legitimate self-defense.
The arrest warrants, while potentially difficult to enforce, carry diplomatic consequences, as ICC member countries are obliged to arrest and hand over those with pending warrants.
Broader Implications:
The issuance of warrants could increase Israel's international isolation.
It may also strengthen U.S.-Israeli resistance to the ICC’s actions and the Palestinian issue.
Despite Israel and the U.S. not being ICC member states, the example of Russian President Putin shows that non-membership does not prevent the ICC from issuing warrants against leaders.
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