Navanethem “Navi” Pillay, who was awarded the Nobel Peace Prize on Friday, has been a judge on several international courts, including the International Criminal Court (ICC).
The ICC was established in 2002 to prosecute individuals for 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 2026 is about €196mn ($222mn).
The ICC is conducting investigations in the Palestinian territories, Ukraine, African states such as Sudan, Uganda and the Democratic Republic of the Congo, Venezuela, Myanmar and the Philippines.
It says there have been 34 cases before the court, some with more than one defendant. ICC judges have issued 68 arrest warrants.
Notable ICC suspects are Israeli Prime Minister Benjamin Netanyahu, 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.
Israel and Russia, neither a member of the court, have repeatedly denied committing atrocities in Gaza and Ukraine respectively and have argued that the ICC has no jurisdiction over them.
Former Philippine president Rodrigo Duterte is due to go on trial on November 30 to face charges of murder and attempted murder as crimes against humanity related to his war on drugs, accusations he denies.
While a US delegation was present for the negotiations that produced the court’s founding Rome Statute in 1998, it never became a member and always opposed ICC jurisdiction over US nationals.
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.
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 and the West Bank.
ICC judges have issued 15 convictions and four acquittals. – Reuters