ICC unsuccessful to consent prosecution of world presidents
While the ICC can currently prosecute heads of state for war crimes and genocide, prosecuting crimes of aggression requires ratification of the Kampala amendments of 2010 by all parties involved in a conflict. So far, only 41 out of the 125 ICC member states have ratified these amendments.
During a special session held at the United Nations headquarters in New York from Monday to Wednesday, ICC members debated a harmonization amendment proposed by Germany, Costa Rica, Slovenia, Sierra Leone, and Vanuatu. This proposal would permit the court to initiate investigations into crimes of aggression if just one of the conflicting parties has ratified the Kampala amendments.
However, countries including the UK, Canada, France, Japan, and New Zealand opposed this, insisting that such powers should only be activated once at least two-thirds of ICC members have ratified the amendments.
Concerns were raised by a French delegate about potential conflicts between the amendment and the UN Charter, while a Nigerian representative warned that the change might increase legal risks for states that have ratified the amendments.
Consequently, the ICC decided to hold another special session on this issue in 2029. A Palestinian representative criticized the delay, noting that victims of crimes of aggression are forced to wait while legal hurdles grow.
In 2024, the ICC issued an arrest warrant against Israeli Prime Minister Benjamin Netanyahu for alleged war crimes during the Gaza conflict. Israel, not a member of the ICC, dismissed the court as a political tool used against it. Earlier this year, the US sanctioned the ICC’s chief prosecutor and several judges, labeling their actions against the US and Israel as “illegitimate and baseless.”
Russian President Vladimir Putin is also wanted by the ICC on charges related to the unlawful deportation of children from Ukraine. Russia, which is not an ICC member, rejected the accusations and stated that the children were evacuated for their safety, maintaining that the court lacks jurisdiction over it.
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