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International Criminal Court: 20 years, billions spent, limited success as US considers sanctions

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International Criminal Court: 20 years, billions spent, limited success as US considers sanctions

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As the U.S. weighs sanctions against the International Criminal Court (ICC) over potential arrest warrants for Israeli officials, some experts have questioned the value of the court, given its track record since its founding.

“[The ICC] has been around for over two decades, [but] it has less than 10 successful prosecutions,” Orde Kittrie, a senior fellow at the Foundation for Defense of Democracies and law professor at Arizona State University’s Sandra Day O’Connor College of Law, told Fox News Digital. “It’s spent over $2 billion. It’s been really ineffective.”

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As of July 2022, 31 cases have appeared before the ICC, which resulted in 10 convictions and four acquittals. The court has issued 37 arrest warrants, with 21 people ultimately detained while 12 people remain at large, according to the European Union’s External Action Service.

The ICC’s total annual budget for 2023 totaled around $183,500,000, which is an increase of around $34,500,000 or around 20% increase from 2022’s budget. 

VISA BANS FOR ICC OFFICIALS URGED BY BIPARTISAN SENATORS AFTER ISRAEL ARREST WARRANT REQUESTS

Member states each bear a portion of the overall budget based on the size of their economies, with the most significant funds coming from large European economies, Japan, South Korea, Australia and Brazil, according to the Journal of Human Rights. 

Japan ranked as the largest contributor in 2022 with around $26,850,000, while Germany and France rank thereafter with around $19,000,000 and $14,400,000, respectively.

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President Biden speaks during a Jewish American Heritage Month reception in the Rose Garden of the White House on May 20, 2024. (Samuel Corum/Sipa/Bloomberg via Getty Images)

Appropriations for the court are divided into nine categories: the Judiciary, Office of the Prosecutor, the Registry, Secretariat of the Assembly of States Parties, Premises, Secretariat of the Trust Fund for Victims, Permanent Premises Project – Host State Loan, Independent Oversight Mechanism and Office of Internal Audit. The court also notes that “assets that the Court holds are normally not held to generate commercial returns and are therefore non-cash generating assets,” meaning it must build its budget from contributions alone. 

Even with that sizable budget, and the significant increase year over year, the court relies heavily on the cooperation of members to enable its operations. Outgoing Registrar Peter Lewis in 2023 said the court faced an unprecedented workload – even before taking on the investigation into alleged crimes in the Gaza Strip – and that state parties’ cooperation remained crucial to any success.

US ALLIES FRANCE, BELGIUM DEFEND ICC PROSECUTOR’S REQUEST FOR ISRAELI ARREST WARRANTS

US sanctions

This makes any sanctions against the organization a potentially crippling measure: Then-President Trump in 2020 authorized an asset freeze and family entry ban against ICC officials after the court opened investigations into alleged U.S. war crimes conducted in Afghanistan. 

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“The ICC Prosecutor … thinks the Biden administration is more interested in a cozy relationship with the ICC than with protecting Israelis and Americans from its power grab,” Anne Bayefsky, director of the Touro Institute on Human Rights and the Holocaust as well as president of Human Rights Voices, told Fox News Digital.

International Criminal Court prosecutor Karim Khan (Dimitar Dilkoff/AFP via Getty Images)

“If President Biden does not immediately invoke the American Service Members Protection Act, terminate all cooperation and support of the ICC, and use his authority to sanction ICC officials for their outrageous prosecution – actually persecution – of the democratic representatives of the Jewish state … justice will have been dealt a disastrous blow,” Bayefsky said.

The Biden administration increased its cooperation with the ICC, offering assistance and intelligence to the court to bolster its investigation into alleged Russian war crimes during the invasion of Ukraine, though Kittrie noted that the ICC case against Putin “hasn’t made a difference” and possibly merely added “some sense” of legitimacy for the ICC prosecutor. 

PROGRESSIVE SENATOR BACKS POTENTIAL ICC ARREST WARRANT FOR NETANYAHU: ‘UNPRECEDENTED WAR’

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Bayefsky and others have urged the Biden administration to invoke the American Servicemembers Protection Act and sanction the ICC in response to any arrest warrants for Israeli officials. 

During a speech in the Rose Garden on Wednesday at a press conference with Kenyan President William Ruto, Biden reiterated that the U.S. “made our position clear on the ICC … we don’t recognize the jurisdiction of the ICC, the way it’s being exercised, and it’s that simple. We don’t think there’s an equivalence between what Israel did and Hamas did.”

This view shows the International Criminal Court building in The Hague in the Netherlands on April 30, 2024. (Selman Aksunger/Anadolu via Getty Images)

The Rome Statute counts 124 signatories, including most of Africa, Europe and South America, but it does not include some notable holdouts: the United States, China, Russia, Ukraine, Israel, Saudi Arabia, Iran, North Korea and Turkey, among others. 

The Biden administration reversed the sanctions but reinforced the position that the U.S. continued to “disagree strongly with the ICC’s actions relating to the Afghanistan and Palestinian situations.” 

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The Center for Constitutional Rights argued that the sanctions delayed critical investigations at the ICC, “directly and indirectly negatively” impacting the work at the ICC, though perhaps not as drastically as the U.S. would have hoped.

ISRAEL SLAMS GERMAN GOVERNMENT’S VOW TO ARREST PRIME MINISTER NETANYAHU OVER ICC WARRANT

Israeli Prime Minister Benjamin Netanyahu, right, and Israeli Defense Minister Yoav Gallant are pictured in the West Bank in August 2023. (Amos Ben-Gershom (GPO)/Handout/Anadolu Agency via Getty Images)

Instead, the group argued that the sanctions created a difficult working relationship for the ICC and any potential collaborators, such as civil society organizations, investigators, lawyers and victims who would worry about facing similar sanctions for helping the ICC.

The ICC, which commenced operations in 2002, bases its authority on the signatories of the Rome Statute, which outlines four core international crimes that the court will prosecute: genocide, crimes against humanity, war crimes, and crimes of aggression, all of which are “not subject to any statute of limitations” but limited to only crimes that occurred after the statute came into force.

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President Clinton signed the statute in 2000, but he demanded that the eventual ICC should address “fundamental concerns” before he or any other U.S. president considered putting the statute before the U.S. Senate for ratification. The Bush administration took it a step further, withdrawing the U.S. signature and instead adopting the American Servicemembers Protection Act.

 

Also known as the “Hague Invasion Act,” the law allows the president to use “all means necessary and appropriate to bring about the release” of U.S. or allied citizens detained or imprisoned by the ICC.

The bill also prevents the U.S. from providing support for the ICC, per Sec. 2004: The U.S. is prohibited from responding to requests for cooperation, of providing support to the court (including from law enforcement), of helping with extradition and using appropriated funds to assist the court, among others.

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US tells ASML it is concerned China may have top chip tool, Bloomberg News reports

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US tells ASML it is concerned China may have top chip tool, Bloomberg News reports
U.S. Commerce Secretary Howard Lutnick ​outlined concerns to ‌Dutch chip-equipment firm ASML’s senior leaders ​that one ​of its top-of-the-line machines ⁠may have ​made its way into ​China, in violation of U.S.-led export restrictions, ​Bloomberg News ​reported on Thursday.
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Iran hardliner behind US deal warns Tehran won’t honor agreement if Trump fails to deliver

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Iran hardliner behind US deal warns Tehran won’t honor agreement if Trump fails to deliver

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Iran’s hardline parliament speaker and key negotiator Mohammad Bagher Ghalibaf warned that Tehran would not honor its commitments under a newly signed memorandum with the U.S. if Washington fails to uphold its side of the deal, according to the media arm of Iran’s Islamic Revolutionary Guard Corps. 

“If the United States does not honor its commitments, there is no way Iran will honor its own commitments,” Ghalibaf said.

Ghalibaf’s warning was echoed Thursday by Islamic Revolutionary Guard Corps Quds Force commander Esmail Qaani, who threatened the U.S. in remarks translated by MEMRI TV, saying, “Americans should know their place and avoid confronting the Muslims.” 

Qaani added that “Trump is trembling” and warned that the U.S. “should fear not only Hormuz and Bab al-Mandeb, but many other locations as well.”

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MEET IRAN’S HARDLINE SPEAKER WHO THREATENED TO BURN US FORCES — REPORTEDLY TEHRAN’S POINT MAN FOR TALKS

The warnings came after President Donald Trump and Iranian President Masoud Pezeshkian Wednesday digitally signed a copy of the memorandum aimed at ending the war and resuming the flow of traffic through the Strait of Hormuz.

Iran’s hardline parliament speaker and key negotiator Mohammad Bagher Ghalibaf warned that Tehran would not honor its commitments under a newly signed memorandum with the U.S. if Washington fails to uphold its side of the deal.  (Majid Asgaripour/WANA)

The memorandum gives Iran major economic relief while leaving some of the most difficult nuclear questions for a final agreement to be negotiated throughout the next 60 days. Under the 14-point plan read by a senior U.S. official, Washington agreed to begin lifting its naval blockade, work with regional partners on a $300 billion reconstruction and development plan for Iran and terminate U.S., U.N. and other sanctions on an agreed schedule as part of a final deal. 

The memorandum also says all licenses, waivers and permissions needed for related financial transactions would be granted by the United States.

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In return, Iran reaffirmed that it “shall not procure or develop nuclear weapons,” and the sides agreed to resolve the fate of Iran’s stockpiled enriched material under a future mechanism, with the minimum method being on-site down-blending under International Atomic Energy Agency supervision. 

The agreement defers many of the hardest questions — including how to wind down Iran’s nuclear program — until the 60-day negotiation period for a final deal.

But the Iranian figure at the center of the deal is not a diplomat known for moderation. 

Ghalibaf, a former Islamic Revolutionary Guard Corps commander and longtime regime insider, has threatened American forces, vowed Trump would “pay the price” and built his career through loyalty to Iran’s security establishment.

The new warning underscored what experts say is the central risk of the agreement. Washington may be entering a deal with officials who can enforce Iran’s commitments but who have shown little sign of changing the regime’s long-term posture toward the U.S., Israel or the region. 

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Ghalibaf, 64, is a product of Iran’s security establishment. He rose through the ranks of the Islamic Revolutionary Guard Corps during the Iran-Iraq War, eventually becoming commander of the Islamic Revolutionary Guard Corps air force. 

He later served as Iran’s national police chief, overseeing internal security forces responsible for suppressing protests, including the 1999 student uprising, alongside Qassem Soleimani.

After transitioning into politics, Ghalibaf attempted to run for president multiple times but failed. He instead built his career through loyalty to the system, serving as Tehran’s mayor for more than a decade before becoming speaker of parliament in 2020.

FAMILIES OF IRAN’S ELITE LIVE LAVISHLY ABROAD WHILE ORDINARY CITIZENS SUFFER AT HOME

Iranian Parliament Speaker Mohammad Bagher Ghalibaf looks on as parliament members wearing military uniforms chant in support of the IRGC in Tehran, Iran, on Feb. 1, 2026. (Hamed Malekpour/Islamic consultative assembly news agency/WANA/Handout via Reuters)

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“Ghalibaf doesn’t have an independent line. His strength is that he is a ‘yes man,’” Beni Sabti, an Iran expert at the Institute for National Security Studies, previously told Fox News Digital. “If he is told to shake hands with special envoy Steve Witkoff, he will do it. If he is told to escalate, he will. It is not about moderation, it is about who gives the orders.”

“His name has also been linked to multiple corruption allegations, including misuse of oil revenues and sanctions evasion networks involving his family. His sons have reportedly been involved and are under sanctions,” Sabti said.

“There have also been public scandals involving family members traveling abroad and making luxury purchases, including widely circulated images of them arriving with numerous high-end Gucci suitcases.”

Behnam Ben Taleblu, a senior fellow at the Foundation for Defense of Democracies, said the image of Ghalibaf at a signing ceremony with a senior U.S. official would be a propaganda victory for the regime.

“There was a time when the Islamic Republic would have been terrified to be seen signing such a thing,” Ben Taleblu told Fox News Digital. “Postwar, this is a sign of the regime’s opportunism, and no one identifies that opportunism better than someone like Ghalibaf, who comes from the IRGC, who is a corrupt politician and is a wheeler and dealer.”

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But Taleblu warned that Washington should not confuse Ghalibaf’s opportunism with moderation. 

“The mirage is the myth of Iranian military moderation and the myth that, with time, this regime will integrate and put aside all the things that have kept it on the sidelines for so long,” he said. “Transforming Iran via a deal — that is a huge lift.”

Ghalibaf’s wartime statements reflect the hardline posture inside Iran’s leadership. In remarks aired on Iranian television Jan. 12 and translated by MEMRI, he warned that U.S. forces would face catastrophic consequences if they confronted Iran.

“Come, so you can see what catastrophe befalls American bases, ships and forces,” he said, adding that American troops would be “burned by the fire of Iran’s defenders.”

TRUMP ADMINISTRATION UNVEILS SWEEPING TERMS OF PROPOSED IRAN AGREEMENT

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A man lights a cigarette with fire from a burning picture of Iranian Parliament Speaker Mohammad Bagher Ghalibaf as Israelis rally in support of nationwide protests in Iran in Holon, Israel, on Jan. 14, 2026. (Ammar Awad/Reuters)

More recently, he warned that “the blood of American soldiers is the personal responsibility of Trump” and vowed Iran would “settle accounts with the Americans and Israelis,” adding that “Trump and Netanyahu crossed our red lines and will pay the price.”

John Hannah, a senior fellow at the Jewish Institute for National Security of America and a former national security advisor to Vice President Dick Cheney, said Ghalibaf’s expected role reflects the reality of who holds power inside Iran. 

“If you’re going to sign an agreement with Iran, those are the forces in charge and calling the shots, presumably with the approval of the new supreme leader,” Hannah told Fox News Digital. “If the U.S. harbors hope that Iran will ever implement any of their obligations under the MOU, these are the people — odious as they are — capable of making it happen.”

But Hannah said the central question is whether Iran’s leadership sees compliance as useful or whether the agreement is simply a tactical pause.

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“The big question is whether they see it in their interest to do so, or are they only buying time, rebuilding their power and preparing for the next round of conflict,” he said.

Ben Taleblu was even more blunt, warning that even a seemingly favorable agreement would not change the nature of the regime.

“Even if you’ve got the perfect deal, with this kind of regime, with this kind of mentality, they will escalate,” he said. “I thought we would have learned by now what the regime did after the JCPOA. It built a vast missile arsenal. It literally built an empire of terror proxies that took Israel years of blood, effort and money to dismantle, backed by American support.

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Iranian Parliament Speaker Mohammad Bagher Ghalibaf speaks during a press conference in Tehran, Iran, Nov. 27, 2024. (Majid Asgaripour/WANA via Reuters)

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“If we engage in pay-to-play with these guys,” he added, “I’m sorry to sound the alarm bell like this — but something tells me this is bad either way.”

Responding to questions about the threats from Ghalibaf and IRGC Quds Force commander Esmail Qaani, the White House defended Trump’s approach and warned Iran would face consequences if it failed to reach a final deal.

“President Trump has a great track record of good deals for the American people, and the President has been clear about the consequences if Iran fails to make a good, final deal,” White House spokeswoman Olivia Wales told Fox News Digital. 

“What the president has achieved on the battlefield and at the negotiating table is nothing short of remarkable and will strengthen American security for many years to come.”

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US-Iran talks postponed as Israel attacks Lebanon

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US-Iran talks postponed as Israel attacks Lebanon

Tehran holds back from talks to cement ceasefire due to ongoing Israeli attacks on southern Lebanon.

Planned talks in Switzerland between the United States and Iran to discuss the technical terms of their ceasefire deal have been postponed.

The Swiss Foreign Ministry confirmed early on Friday that the talks, which were scheduled to take place in Burgenstock, would now not go ahead.

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Reports suggest that Iran has delayed sending its delegation to discuss the technical issues linked to the ceasefire deal – digitally signed by the two countries on Wednesday – due to Israel’s ongoing military campaign in Lebanon.

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Israeli strikes overnight and into Friday have reportedly killed at least 16 people in southern Lebanon, with Iran-linked Hezbollah reporting intense fighting.

Talks postponed

A ceremony followed by talks was expected to be held at the Burgenstock Resort in Stansstad, near Lucerne in central Switzerland.

It is owned by Katara Hospitality, part of Qatar’s sovereign wealth fund, which helped mediate peace in the conflict.

On Friday, in a message to media outlet AFP, the Swiss foreign ministry said: “The planned talks between the US, Iran, Qatar and Pakistan have been postponed”.

“Switzerland remains ready to facilitate these talks. The relevant preparatory work at Burgenstock is continuing,” it added, without providing a new date for the talks.

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The announcement followed a report from media outlet Al-Mayadeen that Iran was delaying sending its delegation to Switzerland over Israel’s ongoing military campaign in Lebanon.

Israeli Prime Minister Benjamin Netanyahu said Thursday that Israel’s military will stay in a “security zone” of southern Lebanon as long as “Israel’s security needs require it.”

Israel and Hezbollah are not parties to the agreement, but Iran has insisted Israel must withdraw from the large swath of southern Lebanon it is occupying.

Logistics have never been ‘simple or predictable’

The US push to quickly begin high-stakes talks with Iran hit a snag just two days after the signing of a 14-point memorandum of understanding with the US that sets out a framework for talks during a 60-day negotiation period.

Vice President JD Vance had been prepared to make an overnight flight to meet with his Iranian counterparts at the mountainside resort in the tiny Swiss village of Obburgen.

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His staff and a small pack of journalists had even gathered at Joint Base Andrews outside Washington in anticipation of the trip.

Meanwhile, dozens of White House officials, advance staffers and more media gathered in Switzerland to prepare for Vance’s anticipated arrival.

But then, abruptly on Thursday evening, the trip was called off.

The White House issued a statement explaining Vance – who has been tapped by President Donald Trump to lead the negotiations – and his delegation were prepared for talks, but they were unable to finalise plans and the vice president would remain in Washington.

“The logistics of these negotiations have never been simple or predictable,” the statement noted.

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Also on Thursday, Pakistan’s Prime Minister Shehbaz Sharif cancelled his trip to Switzerland, his spokesperson told AFP.

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