Question 1

What is the ICC and how is it different from the ICJ?

Accepted Answer

The ICC prosecutes individuals for international crimes (genocide, war crimes, crimes against humanity, aggression). The ICJ settles legal disputes between states. The ICC sends people to prison; the ICJ issues judgments about state responsibility. They are separate institutions with different mandates, though both are in The Hague.

Question 2

Why don't the US, Russia, and China participate in the ICC?

Accepted Answer

The US signed the Rome Statute but never ratified it, citing concerns about its citizens being subject to a foreign court. Russia signed but withdrew its signature in 2016. China never signed. All three object to the ICC's jurisdiction over their nationals and view it as a potential constraint on their sovereignty and military operations.

Question 3

Has the ICC actually convicted anyone?

Accepted Answer

Yes. As of 2024, the ICC has convicted individuals in cases related to the Democratic Republic of Congo, Central African Republic, Mali, and Uganda. Notable convictions include Thomas Lubanga for recruiting child soldiers and Bosco Ntaganda for war crimes and crimes against humanity. However, the conviction rate is low relative to the Court's resources.

Question 4

Can the ICC arrest world leaders?

Accepted Answer

The ICC can issue arrest warrants for anyone, including sitting heads of state. It issued warrants for Sudan's Omar al-Bashir in 2009 and Russia's Vladimir Putin in 2023. However, the ICC has no police force and depends on states to execute arrests, which often does not happen when the suspect is a powerful leader.