What is the I.C.C.?
The I.C.C., established under a 1998 treaty, is the world’s highest criminal court.
It has the jurisdiction to investigate and try people for what it describes as “the gravest crimes of concern” to the world: war crimes, genocide, crimes against humanity and the crime of aggression. But the court cannot enforce its rulings and relies on its member states to detain people who are accused of crimes.
The court draws its jurisdiction from the Rome Statute, a treaty ratified by 125 countries. The statute formally commits its signatories to arrest a wanted person who enters their soil, but members do not always comply.
The court is based in The Hague, a Dutch city that is a hub for international law and justice. The International Court of Justice, which handles civil disputes between countries and is part of the United Nations, is also based there.
The I.C.C. cannot try any suspects in absentia. Instead, it relies on member states to enforce its rulings with actions like making arrests, freezing assets and surrendering suspects to The Hague, where the I.C.C. has a detention center.
Former President Rodrigo Duterte of the Philippines is currently in I.C.C. custody after being arrested in March by Filipino authorities on charges of crimes against humanity.
Which countries are not members of the court?
Some of the world’s most powerful countries, including the United States, China, Russia, India and Israel, are not members of the court. They do not honor its arrest warrants or hand their citizens over for prosecution.
Hungary would be the first European Union country to withdraw from the court. Under the Rome Statute, Hungary’s decision would not take effect for a year.
“Hungary remains under a duty to cooperate with the I.C.C.,” Fadi El Abdallah, the court spokesman, said in a statement on Thursday.
Burundi and the Philippines have both pulled out of court, in response to the I.C.C. prosecutor opening an investigation against their leaders. The court has said that Mr. Duterte is being prosecuted because the offenses he is accused of took place before his country’s withdrawal took effect, although his lawyers have contested that argument.
Who has the I.C.C. pursued?
The court says that it has issued 60 arrest warrants.
About half of those people are “at large,” like Mr. Netanyahu. Others are either dead, like Col. Muammar el-Qaddafi, the former leader of Libya, or detained, like Mr. Duterte.
Israel and Gaza
In November, the court issued arrest warrants for the leaders of Israel and Hamas. On the Israeli side, the warrants were for Mr. Netanyahu and his former defense minister, Yoav Gallant.
The court also issued a warrant for Muhammad Deif, a Hamas leader, who was later killed in an Israeli strike.
Russia
The court issued arrest warrants for President Vladimir V. Putin and another Russian official in 2023. It argued that they both bore criminal responsibility for the abduction and deportation of Ukrainian children after Russia’s full-scale invasion of Ukraine in 2022. It has also issued arrest warrants for four other Russian officials.
Mr. Putin made his first visit to an I.C.C. member state in September, but the country, Mongolia, warmly welcomed him with a red carpet.
Kenya
William Ruto, the president, was charged in 2011 with crimes against humanity and other offenses tied to post-election violence in 2007 and 2008. The court dropped the case in 2016.
Sudan
Omar Hassan al-Bashir, who was deposed as president in 2019 after three decades in power, is the subject of court warrants in 2009 and 2010 for crimes in the western region of Darfur. He traveled to South Africa in 2015 in defiance of the I.C.C. warrant but was not arrested there.
The I.C.C. also charged other Sudanese officials with crimes in Darfur.
Mr. al-Bashir also faces charges in Sudan that relate to the coup in 1989 that pushed him to power. If convicted, he could receive the death sentence or life in prison on those charges.
