The International Criminal Court (ICC) is now at an exciting crossroads after two decades of its establishment. On one hand, the court has procrastinated just enough to avoid indicting Israeli Prime Minister Benjamin Netanyahu and Defense Minister Yoav Gallant over war crimes in Gaza. Despite overwhelming evidence of genocidal violence and mounting casualty figures, as of May 2023, ICC Prosecutor Karim Khan merely requested arrest warrants. This raises serious questions about its credibility and independence vis-à-vis Western-backed powers in failing to act.

ICC’s Troubled History of Impunity

This court has been in existence since 2002. It has been instrumental in bringing an end to war crimes, genocide, and crimes against humanity- much-needed eradication of impunity. Thus, its actions so far have hardly been balanced. It began by punishing African leaders, whereas powerful nations like the United States, Israel, Russia, and others have gone scot-free. Accusers say that such selective actions indicate a court overwhelmed with the influence of Western powers.

While the court’s indictment of Russian President Vladimir Putin in 2023 represented a change in direction, other critics argue that this was more a result of Western geopolitics rather than reflecting ICC independence. Of course, Putin’s arrest warrant because of the deportation of Ukrainian children was politically motivated rather than an expression of commitment by the court to justice.

Israel’s War Crimes: Why the Delay?

Without a doubt, the case of Gaza becomes a clear case calling for the intervention of the ICC. Almost five years ago, in 2018, Palestine had filed evidence to the court requesting it to launch an investigation into war crimes committed by Israel, though the ICC was slow in enforcing action on its part. To its most significant extent, the ICC finally conceded jurisdiction over Palestine in March 2023. Even as violence unleashed by the October 7, 2023 attacks continued to rage across Gaza with alarming brutality. The ICC remained a mute spectator to the continued destruction of Israel in Gaza.

Prosecution Khan’s proposal to start issuing arrest warrants for Netanyahu, Gallant, and three Hamas leaders is long overdue, but the delay is disturbing. The ICC’s reluctance to bring into court the prominent Israeli figures rewarded by the Western allies will further strip away its legitimacy. If it keeps delaying things, it will further enhance the notion that it deals in unequal justice—reserved only for those who do not have powerful patrons.

Western Interference: A Persistent Problem

For most people, western interference has always haunted the ability of the ICC to act without prejudice. Netanyahu and his cohorts’ connections and influence with the U.S. and Israeli infamous Mossad intelligence agency continue to put pressure on the officials at the ICC. Former Prosecutor Fatou Bensouda was once threatened by Yossi Cohen, head of Mossad, over her plans to investigate Israeli war crimes allegedly. These tactics allow the great powers in the world to continue exerting pressure on the court, thereby challenging its ability to ensure justice.

That responsibility will rest with three judges who can constitute the ICC’s pre-trial chamber. Will they succumb to the pressure or hand out arrest warrants and rescue whatever is left of the ICC’s image?

The Existential Crisis of ICC

The ICC’s very future hangs in the balance. If it fails to act against Netanyahu and Gallant, it risks irrelevance. Its inaction would tell a worrying tale: that international law is beyond the reach of the mighty powers, and war crimes can be committed with impunity if Western interests support them. In this moment of truth, the future existence of the ICC as a fair judicial body hangs in the balance.

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