EXPLAINER-What is the International Criminal Court?
THE HAGUE, June 5 (Reuters) – President Donald Trump's administration on Thursday imposed sanctions on four judges at the International Criminal Court, an unprecedented retaliation over the tribunal's work on issuing an arrest warrant for Israeli Prime Minister Benjamin Netanyahu.
Here are some facts about the court:
WHEN WAS THE ICC SET UP AND WHY?
The court was established in 2002 to prosecute war crimes, crimes against humanity, genocide and the crime of aggression when member states are unwilling or unable to do so themselves. It can prosecute crimes committed by nationals of member states or on the territory of member states by other actors. It has 125 member states. The court's budget for 2025 is about 195 million euros ($202 million).
WHAT IS THE ICC INVESTIGATING?
The ICC is conducting investigations from the Palestinian territories to Ukraine and African states such as Uganda, Democratic Republic of Congo and Kenya, to Venezuela in Latin America and Myanmar and the Philippines in Asia. It says there have been 32 cases before the court, with some having more than one suspect. ICC judges have issued at least 60 arrest warrants.
HOW MANY PEOPLE HAS THE COURT CONVICTED?
ICC judges have issued 11 convictions and four acquittals. Twenty-one people have been held in the ICC detention centre in The Hague and have appeared before the court, and 31 people remain at large. Charges have been dropped against seven people due to their deaths.
Of the 11 convictions, only six have been for the court's core crimes of war crimes and crimes against humanity. The others were for crimes such as witness tampering. The six convicted men were all African militia leaders from Democratic Republic of Congo, Mali and Uganda. Terms ranged from nine to 30 years in prison. The maximum possible term is life imprisonment.
WHO IS ON THE COURT'S ARREST WARRANT LIST?
Former Philippines President Rodrigo Duterte was arrested on March 11 on a warrant from the ICC. Prosecutors accuse him of forming and arming death squads held responsible for the killing of thousands of perceived drug users and dealers during his rule. Duterte has said he takes full responsibility for the 'war on drugs' as he braces for the legal battle.
Other notable ICC suspects are Netanyahu, who is accused of being criminally responsible for acts including murder, persecution and using starvation as a weapon of war in the Gaza conflict, and Russian President Vladimir Putin, accused of the war crime of illegally deporting hundreds of children from Ukraine.
Both Israel and Russia have repeatedly denied that their forces have committed atrocities in Gaza and Ukraine respectively and have argued the ICC has no jurisdiction over them.
When it issued the warrant for Netanyahu, the ICC also issued a warrant for the arrest of Hamas military commander Mohammed Deif, whose death was confirmed after the warrant was issued.
The ICC prosecutor has also requested arrest warrants for senior Afghan and Myanmar leaders, but those have not been officially approved by judges.
WHICH COUNTRIES ARE NOT MEMBERS OF THE ICC?
Although the court is supported by many United Nations members and the European Union, other countries such as the United States, China and Russia are not members, arguing the ICC could be used for politically motivated prosecutions.
Myanmar is not a member of the court, but in 2018 and 2019 judges ruled the court had jurisdiction over alleged cross-border crimes that partially took place in neighbouring ICC member Bangladesh, such as deportation and persecution, and said prosecutors could open a formal investigation.
Israel is not a member and does not recognise its jurisdiction, but the Palestinian territories were admitted as an ICC member state in 2015. This, together with a ruling by judges, means the court can look at potential war crimes carried out by Hamas fighters in Israel and by Israelis in the Gaza Strip.
The Philippines is not currently a member of the ICC but was between 2011 and 2019, when the unilateral withdrawal by Duterte became final. Under the court's founding 1998 Rome Statute, even if a state withdraws as a member it retains jurisdiction over crimes within its jurisdiction committed during the membership period.
In February 2025, Trump authorised economic and travel sanctions targeting people who work on International Criminal Court investigations of U.S. citizens or U.S. allies such as Israel. Chief Prosecutor Karim Khan has so far been the only ICC staff member targeted by sanctions, which are set to go into force on April 7.
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Ngugi wa Thiong'o, the Kenyan playwright, novelist and thinker, who died on May 28, has left a huge intellectual gap in Africa's cultural and political landscape. Instead of mourning him, I have chosen to celebrate the intellectual legacy of this generous and authoritative African sage I was privileged to have encountered during my undergraduate days at Nairobi University and much later as a scholar of Ngugi and African literature. When I arrived in South Africa in 1991, Ngugi was the most widely known African writer in the academy, in spite of apartheid. As early as 1981, the widely respected South African journal, English in Africa, had dedicated a special issue to his works. His most widely referenced text then, was Decolonising the Mind. Indeed, he is the most widely taught African writer in the global north and the global south, alongside Chinua Achebe — the man who published his award winning novel, Weep Not, Child under Heinemann African Writers Series. When the prestigious Cambridge University Press decided to publish worldwide series on 'Leading Writers in Context', again it is Achebe and Ngugi who featured from Africa, and I am deeply privileged to have been asked to serve as the editor of the volume on Ngugi in Context. His works have been widely translated in several languages across the globe: Japanese, German, Chinese and in many parts of Asia. I hope we will soon see his works getting translated into African languages across the continent. During his last days, he had embarked on translating his novels written in English into Gikuyu. It needs no emphasis that Ngugi remains one of the most influential African writers over the past few decades of Africa's independence, not only for his creative works but also for his wide-ranging contributions on Africa's cultural thought and political life. Indeed, the role of the writer in shaping the cultural and political life of his people is an enduring theme in all his works. He was concerned with the role of culture as a source of historical memory and as a weapon against all forms of oppressive regimes. But he was also interested in narrative, specifically imaginative literature, as an agent of history and self-definition, an instrument for taming and naming one's environment. He was concerned with literature's role in the restoration of African communities dislocated by colonialism and the repressive postcolonial states that followed. As early as 1972, Ngugi was already drawing attention to how the tyranny of the past exerts itself on his works. He wrote: 'The novelist is haunted by a sense of the past. His work is often an attempt to come to terms with 'the thing that has been,' a struggle as it were, to sensitively register his encounter with history, his people's history' (Homecoming, 39). For Ngugi then, the novel was an instrument that wills history into being and therefore, as a writer, he always located himself at the intersection of history and literary imagination. Ngugi always insisted that colonial subjects were detached from their mainstream history and therefore their identity was shaped by forces alien to their local universe Ngugi always insisted that colonial subjects were detached from their mainstream history and therefore their identity was shaped by forces alien to their local universe. For him, the search for Africa's identity therefore lay in a reconstructive project to reassert a radical form of Africa's historiography conceived from below. At the heart of his restorative project was also his call for a return to the source, which would also involve the privileging of African languages in the production and consumption of local cultures. For him, it was only African languages that had the capacity to recover those African cultures repressed by colonialism and to equally carry the weight of a national history and memory. Genuine national literature, Ngugi argued, can only flower in local indigenous languages because literature as a cultural institution works through images and language embodied in the collective experience of a people. Ngugi always positioned himself as a writer in politics. He was hounded at home by one Kenyan political regime after the other and eventually driven into exile in the eighties by the repressive Moi regime in Kenya in the 80s. Little wonder then, that themes of dislocation, abandonment and exile dominates his works, written against the backdrop of authoritarian structures of control and imprisonment. Ngugi's early works are heavily weighted towards fiction, and the later lean towards non-fiction. In the 1960s and 1970s, which saw the publication of four novels, two plays and a collection of short stories, Ngugi produced only one volume of essays, Homecoming. But after his last major work of fiction in English, Petals of Blood (1977), Ngugi wrote a total of five collections of essays as opposed to only three novels, Devil on the Cross (1981), Matigari (1986), and his latest novel, The Wizard of the Crow (Murogi wa Kagogo (2005), written first Gikuyu before translation. But it was the establishment of a community theatre in his home village of Kamiriithu, and the staging of the play, Ngaahika Ndeenda (I Will Marry When I Want), that really raised the ire of the Kenyan authorities, leading to the banning of the play, his arrest and detention without trial. It also marked a major turning point in Ngugi's life when in prison, he used the language of his incarceration to write his first Gikuyu novel: Caitaani Mutharabaini (Devil on the Cross), on rolls of toilet paper. Subsequently, it is only Ngugi's collection of essays that he would continue to write in English, obviously aimed at the academy, with whom he continued to wrestle with over a range of cultural and political issues. The joy of reading Ngugi's essays is that they serve as a theoretical elaboration of themes and topics akin to his narrative. If Writers in Politics (1981), and Barrel of a Pen (1983) essays seek to question the colonial traditions of English and Englishness inherited at independence, Decolonising the Mind (1986), and Moving the Centre (1993) push the debate to its limits by insisting that the roots to Africa's freedom lay in the articulation of a new idiom of nationalism that would liberate the African identities from the prison house of European languages and cultures. The project should not only involve the privileging of African languages in the making of African cultures, but also the struggle for the realignment of global forces such that societies, which have been confined to the margins will gradually move to the centre, to become not just consumers but producers of global culture. It is the denial of the cultural space by the postcolonial state tyranny and global imperialism that Ngugi elaborates on in Penpoints, Gunpoint, and Dreams. Here the culture of violence and silence that has come to define the postcolonial state; the state's desire to saturate the public space with its propaganda, is counterpoised against a radically redemptive art that seeks to erect a new regime of truth by reclaiming and colonising those spaces through the barrel of the pen. In his most eloquent collection of essays, symbolically entitled Moving the Centre, Ngugi draws attention to the effect of the colonial archive in arrogating what constitutes the real historical subject to the imperial centre. When Ngugi calls for moving of the centre, he is in essence trying to suggest that in terms of history and discursive knowledges, the West has always positioned itself as the true self — the centre — while the empire remains the Other and on the periphery. Indeed, one of the legacies of the colonial encounter is a notion of history as 'the few privileged monuments' of achievement, which serves either to arrogate 'history' wholesale to the imperial centre or to erase it from the colonial archive and produce, especially in the Empire or the so-called New World Cultures, a condition of 'history-lessness', of 'no visible history'. Both notions are part of the imperial myth of history because history is defined by what is central, not what is peripheral and those not central to an assumed teleology or belief system, are without history. It seems to me that even a superficial reading of Ngugi's narrative and his critical essays over the years, point to a conscious project of transforming our inherited notions of history, especially the position of the colonial subjects as inscribed within imperial discursive practices. If the imperial narrative attempted to fix history and to read the empires history as the history of the other, by making reference to its set of signs located in its cultural landscape, Ngugi's position is that the history of Africa need not be contingent upon the imperial allegorising. Allegory here is used to mean a way of representing, of speaking for the 'other', especially in the enterprise of imperialism. Whatever the ideological drifts and shifts in his body of work, Ngugi's fundamental belief is in the restorative agency embedded in all human cultures — the return of the other to the self. This is what he celebrates in his theory of globalectics — a theory that seek seeks to destabilise the privileging Western ways of knowing and instead celebrates those many streams of knowledge, regardless of their origins, as humanities collective experience. The creation of a humanistic wholeness and healing, has been at the core of his poetics over the years. The return to memoirs over the last decade or so was perhaps his last attempt to lay bare his soul and spirit; his life history as fragments of many forces — a rich tapestry into a life crafted around complex and layered forces of family and larger biographical universe. As a person, Ngugi was profoundly warm and down-to-earth, and always carried himself around with a deep sense of humility and ease, not to mention his infectious laughter and humour. He was simply ordinary — a man of the people. May his legacy live on and his soul rest in peace until we meet again in the land our ancestors. James Ogude, Professor of African Literatures and Cultures. Professor and Senior Research Fellow, and author of Ngugi's Novels and African History. Centre for the Advancement of Scholarship, University of Pretoria, South Africa
