US President Donald Trump has signed an order to punish the International Criminal Court (ICC). The order says that the ICC is being unfair to the US and Israel. It places penalties on people who help the ICC investigate US citizens or its allies. This decision comes after the ICC issued an arrest warrant for Israeli Prime Minister Benjamin Netanyahu and a Hamas commander. The court has accused them of war crimes in Gaza.

Why did the US impose sanctions on ICC?

The US took this action because the ICC accused Israeli leaders of war crimes. The court said that Israeli Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant committed serious crimes in Gaza after Hamas attacked Israel on October 7, 2023. The ICC also issued arrest warrants for Hamas leaders.

The US is not a member of the ICC and believes the court is treating Israel unfairly. US officials say that Israel's leaders should not be compared to Hamas, which the US considers a terrorist group.

Many American politicians, including former President Joe Biden, disagreed with the ICC’s decision. Both Republican and Democratic leaders criticised the court. Last month, the US House of Representatives approved a plan to punish the ICC, but it was later stopped in the Senate.

This is not the first time the US has taken action against the ICC. In 2020, Donald Trump punished ICC officials when they investigated US soldiers for possible war crimes in Afghanistan. However, President Biden later removed those penalties.

What is the ICC?

The International Criminal Court (ICC) is a global tribunal based in The Hague, Netherlands. It was established in 2002 to prosecute individuals accused of genocide, war crimes, and crimes against humanity. The court was created after the brutal conflicts in Yugoslavia and Rwanda to ensure justice for victims of mass atrocities.

The ICC has 124 member countries that accept its authority. However, several major countries, including the US, Israel, China, India, Pakistan, Russia, and Turkey, are not members. Some nations, such as Israel and Russia, initially supported the ICC but later withdrew or never ratified the treaty.

How powerful is the ICC?

The ICC does not have its own police force, meaning it cannot arrest individuals directly. It relies on member countries to enforce its arrest warrants. If a person wanted by the ICC travels to one of the 124 member countries, they can be arrested and sent to The Hague for trial. However, non-member countries like the US and Israel are not legally required to cooperate with the ICC.

The ICC has issued arrest warrants for several world leaders in the past. Recently, it issued a warrant for Russian President Vladimir Putin, accusing him of war crimes related to the deportation of Ukrainian children. Other leaders targeted by the ICC include Sudan’s former President Omar al-Bashir, who was charged with genocide, and former Libyan leader Muammar Gaddafi, who was accused of crimes against humanity.

Can the ICC enforce its orders?

The ICC has a hard time enforcing its decisions because it has no power to arrest people. Big countries like the US, China, and Russia do not accept its authority, so it is difficult to take action against top leaders. Even countries that are part of the ICC do not always follow its rulings because of their own political interests.

Since the ICC does not have its own police force, it can only issue arrest warrants, but it cannot make countries follow them. This means the court has more symbolic power than real power, especially when it tries to act against strong world leaders who do not accept its rules.

By placing sanctions on the ICC, the US government is showing that countries do not always agree with international law. Now, the question is whether the ICC will continue its investigations or face more opposition from powerful nations. 

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