Opinion: The ICC must seize this moment to hold Israel accountable

Since its establishment in 2002, the International Criminal Court (ICC) has struggled to find a path to legitimacy. 

Its creation was a triumph for the Global South in extending the potential reach of international criminal law, although it was limited from the outset by its existence outside the formal UN framework, and by the failure of the geopolitical “big three” (the US, China and Russia) to join. In relation to present concerns, it is also limited by Israel’s refusal to sign up to the court. 

Despite its wide representation, including 124 member states, the ICC has struggled for recognition, influence and legitimacy. 

In its early years, it was blamed for focusing its activities on the alleged wrongdoings of African leaders, suggesting a racialist bias. 

Later on, in relation to the alleged crimes of the US in Afghanistan and Israel in occupied Palestine, the ICC sat on files containing abundant evidence justifying, at the very least, diligent investigations to determine whether indictments and prosecution were legally warranted.

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