Reasons for Issuing Warrants
Warrants are issued by the ICC when national judicial systems are not conducting genuine investigations or prosecutions for alleged crimes, allowing the Court to step in and take action where needed.
Fadil Abdullah, ICC spokesperson, emphasized the importance of active legal systems that address crimes or alleged crimes to prevent the need for ICC intervention.
Warrants related to alleged war crimes from the Gaza conflict suggest that suspects are believed to be responsible for crimes under ICC jurisdiction.
Initial Steps in the Process
During the pre-trial stage, defendants can challenge the admissibility of the proceedings. The ICC does not conduct trials in absentia, requiring defendants to be physically present for the case to proceed.
All defendants are presumed innocent until proven guilty, provided with a defense team if needed, and undergo hearings before trial.
If the case progresses to trial, witnesses are called, evidence is presented, and victims’ legal representatives can provide observations.
Defendants have the right to appeal to the ICC Appeals Chamber after a trial verdict.
Significance of Warrants
The ICC, established in 2002, is the first permanent international criminal court to address crimes against humanity, war crimes, genocide, and aggression, emphasizing the importance of upholding the rule of law and seeking justice.
Obligations of Member Countries
Member States must support ICC warrants, as the Court relies on them to enforce its orders. If suspects visit countries under the Court’s jurisdiction, they can be arrested and delivered to the Court in the Netherlands.
Why Issue Warrants if Defendants May Not Attend Trial?
Despite the likelihood of defendants not appearing for trial, the warrants are issued based on evidence and the rule of law to uphold justice and provide legal avenues for accountability, breaking the cycle of violence and revenge.
About the ICC
The International Criminal Court, established by the Rome Statute in 1998 and active since 2002, aims to address serious international crimes when national justice systems are unable or unwilling to act, emphasizing the importance of accountability and justice.
