The ICC could issue warrants for Israeli and Hamas leaders. How does the court work?
CBC
Leaders of Israel and the Palestinian militant group Hamas may soon be the subjects of international arrest warrants over allegations they are responsible for war crimes and crimes against humanity.
On Monday, the top prosecutor for International Criminal Court (ICC), Karim Khan, sought warrants for Israeli Prime Minister Benjamin Netanyahu and Defence Minister Yoav Gallant, accusing them of multiple offences committed since Israel declared war against Hamas in response to the Oct. 7 militant attacks.
Khan also applied for warrants for Hamas leader Yahya Sinwar, Mohammed Diab Ibrahim al-Masri (also known as Mohammed Deif), the commander-in-chief of Hamas's military wing, and Ismail Haniyeh, head of the Hamas political bureau, for crimes committed in Israel and Gaza.
You can read more details about the pursuit of these arrest warrants here.
The possibility of the ICC prosecuting any of these individuals follows a separate case before the International Court of Justice (ICJ) brought forward by South Africa accusing Israel of committing genocide in Gaza.
The ICC and the ICJ, both of which are based in The Hague, investigate serious crimes but serve different purposes and have different outcomes.
Here's what you need to know about the ICC and the ICJ — and how they operate.
The ICC was born out of the Rome Statute, an international treaty adopted by the UN General Assembly in 1998, to investigate the "gravest crimes of concern to the international community."
It has a relationship with the United Nations but is independent of the world body.
The court has jurisdiction over four main crimes: genocide, crimes against humanity, war crimes and crimes of aggression. It only investigates crimes that were committed since July 1, 2002, the date the court entered into force.
The ICC will try individuals accused of any one of these crimes, when warranted, but not a state, government or political group.
If a case moves to trial, a panel of three judges will consider the evidence and issue a ruling. When there is a conviction, a suspect can face up to 30 years in prison, or life imprisonment in exceptional cases.
The court requires member states — the signatories to the Rome Statute — to cooperate with it. The court relies on member states to arrest and transfer suspects. (In some cases, a summons is issued and a suspect may appear voluntarily).
The ICC currently has 124 member nations, including Canada.
