-
Last updated on

The International Criminal Court in The Hague. © Getty Images
Belgium has always been an active supporter of the International Criminal Court. After all, the world needs an independent and impartial Court with jurisdiction to try war crimes, crimes against humanity, genocide and crimes of aggression. As a member of the Bureau of the Assembly (2024-2026), Belgium can carry even more weight in supporting the Court in its mission.
Belgium has supported the International Criminal Court – hereafter referred to as the Court – unabated since the start of its activities in The Hague in 2002. After all, it is crucial for Belgium that serious crimes – the crime of genocide, crimes against humanity, war crimes, crimes of aggression – do not go unpunished and that the victims of these crimes are also heard and compensated (see box).
This makes the Court a unique and indispensable body for Belgium. Because without justice, there can be no lasting peace. The world needs a court that – complementary to national criminal justice systems – can try such gross crimes impartially and independently.
The International Criminal Court in a nutshell
The International Criminal Court in The Hague was established in 2002 as an impartial and independent Court – separate from the UN system – to punish serious crimes. These are (1) crimes of genocide (misdeeds against a population group), (2) crimes against humanity, (3) war crimes and (4) crimes of aggression. These crimes go beyond murder. Among other things, they also include imprisonment, rape, torture and sexual slavery.
The Court complements national criminal tribunals. After all, it handles only those cases that the states themselves cannot or do not wish to prosecute themselves. In each case of an indictment, the Court will consider whether the state could settle the case itself.
If the Court issues a warrant for arrest, all the States Parties must pick up the defendant and forward him or her to the Court as soon as he or she sets foot on their territory.
But the Criminal Court has no police force and depends on the cooperation of the states to implement arrest warrants. However, the State Parties do have a general obligation to cooperate fully with the Court.
Belgium has signed eight specific collaboration agreements with the Court and has already supported the Court through substantial judicial collaboration. Cooperation with the International Criminal Court falls under the jurisdiction of the Central Authority, headed by the Director of the International Humanitarian Law Division of the FPS Justice.
Today, 124 countries have ratified the Rome Statute – the Court's basic treaty. Some influential countries such as the US, China, Russia, Turkey, India, Saudi Arabia and Israel have not yet done so.
The Court, however, deserves universal recognition – something for which Belgium continually advocates. Because the Court only has jurisdiction over (1) crimes committed in the territory of a State Party, including those committed by nationals from a non-State Party, and (2) crimes committed by nationals of a State Party, including those committed in the territory of non-State Party.
Hence, it can also seek warrants for arrest against Hamas leaders for crimes committed on Israeli territory, even though Israel is not a party to the Rome Statute. It may also act on possible crimes by Russia in Ukraine and by Israel in Gaza.
Please note: do not confuse the International Criminal Court with the International Court of Justice, also based in The Hague. The latter is a distinguished UN body that deals only with court disputes between states.
Multiple amendments
Belgium's efforts included strengthening the Court's legal framework. For example, we successfully proposed several amendments to include new war crimes in its mandate, such as the use of biological weapons or laser weapons that cause permanent blindness.
Belgium is also pushing for the Court to have the broadest possible jurisdiction over 'crimes of aggression'. In fact, we believe that ecocide – the mass destruction of ecosystems – could also be added as a crime subject to the Court's jurisdiction.
Belgium also helps to fund the Court's budget. The mandatory annual contribution is about 2.2 million euros – out of a total budget of about 200 million euros. In addition, Belgium provides voluntary funding. Among other things, to the victim fund (see box), the attorney's punishment fund (5 million euros), and the clerk's special fund for Court security (700,000 euros).

One of the courtrooms of the International Criminal Court. © ICC-CPI/Marco Okhuizen
Threatening sanctions
Belgium also provides undiminished political support. Indeed, the Court regularly gets a hard time. This includes highly professional cyber attacks and threats of sanctions against elected magistrates.
In addition, certain countries sometimes threaten severe measures, most recently by the US. The Court is working on a potential arrest warrant for Israeli Prime Minister Netanyahu and his Defence Minister Gallant, alongside three leading figures within the Hamas terror movement (including two recently deceased). Promptly, the US House of Representatives voted through a law imposing mandatory sanctions and visa restrictions on 'any foreign entity that cooperates with the Court or provides it with funds in prosecutions of the US, Israel or any other US ally that is not a party to the Court'.
If this decision is also passed by the American Senate, it could undermine the Court's operations. For example, companies active in telecoms and cybersecurity would no longer be able or willing to work with the Court.
Statement of support
In response to that threat, our diplomats urged the American government not to implement those sanctions. In addition, Belgium – along with Slovenia, Chile, Jordan and Senegal – coordinated a statement of support for the Court. So far, 93 of the 124 countries party to the Court have already co-sponsored it.
The statement recalls the decisive role the Court plays in the international architecture of peace and security, stating that such gross violations of the Court's independence and impartiality are unacceptable.
Belgium continues to express its support for the Criminal Court at every opportunity and to respect its independence and impartiality. Our country is calling upon the other States Parties to do the same.
The Trust Fund for Victims: victims also deserve justice
Very particular to the International Criminal Court is that victims also have a place in the proceedings before it. Victims there are entitled to compensation, including psychological counselling (mental health), physical rehabilitation, material support and the restoration of the social fabric. The aim is to provide long-term peace to victims and their families and communities.
That money comes not from the Court's operating budget but from fines and confiscation penalties, in addition to voluntary contributions. Belgium makes regular contributions.
Office of the Assembly
From 2024, Belgium will be a member of the Bureau of the Assembly of States Parties for three years. The Bureau heads the Assembly, whose responsibilities include setting the annual budget and providing general guidelines for the Court's administration. As such, Belgium stands at the helm of internal operations.
Indeed, the Bureau of the Assembly has 21 members, representing the geographical regions as well as possible. But there is more to do. One of the matters on the table during the Belgian membership is to better represent African countries.
Another issue that will be addressed is the voting rights of countries whose payment of their mandatory contribution is not in order. Normally, treaty parties lose their right to vote if they have not paid their dues for two years. Now, though, this is too easily returned. Criteria need to be developed that will allow for stricter handling of the return of voting rights.
As a member of the Bureau, Belgium can carry even more weight to make the Court work better, while respecting its independence. In the Bureau, Belgium will also have access to a great deal of information. We are in constant contact with member states – in Africa and Latin America, for example – gaining a good understanding of their priorities.
Criticism
The Court faces a lot of criticism, including that it works too slowly. Yet – since its inception in 2002 – it has already been able to present some fine results. Fifty-seven people were summoned, five investigations were closed (Uganda, Kenya, Georgia, etc.) and twelve are ongoing (Ukraine, Venezuela, Democratic Republic of Congo, Sudan, etc.). In addition, five convictions were handed down and four reparations proceedings are underway, one of which has just been completed.
It is all too easy to lose sight of how complex the crimes under investigation are. The Court must collect the evidence in situ, let the witnesses come to The Hague and protect them without forgetting the right of defence. That takes a lot of time and commitment.
Furthermore, a common criticism is that the Court mainly targets African countries. An important note here is that African countries in particular contributed greatly to the establishment of the Court. At present, Africa is the region most strongly represented there. There are also many countries from Africa seeking support from the Court because their own court systems cannot try the crimes.
Moreover, cases do exist in other continents, such as Latin America (Venezuela, Colombia, etc.) and Asia (Afghanistan, Bangladesh/Myanmar). Recently, Ukraine and Palestine were added.
On the right track
So the Court is on the right track. A key test will be whether or not the US implements its sanctions. If the sanctions come, this could virtually cripple the Court's operation.
In any case, the Court continues to perfect itself, in part to ensure its independence and impartiality. As a member of the Bureau of the Assembly, Belgium is committed to making a further effort. A robust international criminal court with a universal mission is needed more than ever, especially in times when countries and country groups tend to fall back on themselves more. Gross violations of international law should not go unpunished anywhere.
More on People

Belgium fights human trafficking
Human trafficking is a form of modern slavery. It erodes democratic values and human dignity. This is why Belgium – together wit...

Belgium puts education at the forefront
During the Belgian EU presidency, we organised two events on education in the Global South. For as crucial as education is, prog...

'We can only be healthy in Europe if everyone is’
The Belgian EU presidency has placed health at the centre of attention and has continued to build robust health systems in Afric...