Will ICC look to Indict Israelis to Burnish "Global Court" Credentials?

On October 31, 2016, President of the International Criminal Court (ICC) Judge Silvia Fernández de Gurmendi presented the annual report of the ICC to the UN General Assembly. Her presentation came in the wake of successive announcements in October of intent to withdraw from the Court by Burundi, South Africa, and Gambia.

In response to persistent criticism that the ICC has unfairly targeted African countries, the President of the ICC and member states speaking in support of the Court emphasized that the ICC is conducting investigations all over the world - including a preliminary examination of Israel's actions during the 2014 Gaza War.

In the words of the ICC President: "In total, there are currently ten situations under investigation by the Court... The Prosecutor is also conducting nine other preliminary examinations on different continents..."

Member states also emphasized the ICC's preliminary examinations – which include Israeli targets – as an indication of its "global court" status.

Denmark, on behalf of the Nordic Countries:

"During the reporting period, the Office of the Prosecutor conducted preliminary examination activities in 11 situations in Asia, Africa, the Middle East, Europe, and Latin America... In total, the Court is currently seized of 23 cases and 10 country situations. These numbers and the geographical scope of cases are unprecedented in the history of the Court. It shows that the ICC is truly a global court..."

The European Union:

"With twenty-three cases in ten situations at different stages of the proceedings, eleven situations under preliminary examinations and one new investigation by the Prosecutor, the ICC is, this year again, facing an increasing workload. It is worth noting that the ICC is now conducting preliminary examinations and situation investigations in most regions of the world - that is in Latin America, in Asia, in Africa and in Europe..."