### I.C.C. Claims Jurisdiction to Pursue Israeli and Hamas Leaders Despite Challenges

The recent issuance of arrest warrants by the International Criminal Court (I.C.C.) for Israeli and Hamas leaders has brought attention to the court's jurisdictional reach and inherent limitations. The court has accused Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant of employing starvation as a war tactic in Gaza, and has charged Muhammad Deif, a prominent Hamas military figure, with crimes against humanity.

Despite Israel and Gaza not being I.C.C. members, the I.C.C. asserts its authority based on the recognition of Palestine by the court in 2015. The Palestinian Authority controls much of the West Bank, while Hamas has ruled Gaza since 2007. The court's jurisdiction spans the Palestinian territories, including Gaza and East Jerusalem.

The I.C.C., headquartered in The Hague, Netherlands, was established over two decades ago to prosecute serious international crimes such as genocide, war crimes, crimes against humanity, and the crime of aggression. Notably, significant global powers like Russia, the United States, and China do not recognize the court’s authority.

The U.N. Security Council holds the capability, under the U.N. Charter and the Rome Statute, to refer atrocities in any country to the I.C.C. for investigation. This mechanism was previously used for Sudan in 2005 and Libya in 2011, despite their status as non-members.

However, the effectiveness of such referrals is currently hampered by tensions among the Security Council's permanent members: Britain, China, France, Russia, and the United States. Experts, including David Scheffer, a former U.S. ambassador involved in the court's establishment, highlight the improbability of the council’s unanimous agreement for new referrals due to its "dysfunctional character" in recent years.

The case of Vladimir Putin illustrates the I.C.C.'s reach beyond member states. In 2023, the court issued an arrest warrant for the Russian president following Moscow's invasion of Ukraine. Although not a member, Ukraine invited the I.C.C. to investigate, and it is set to become a member in 2025.

Despite these capabilities, enforcing arrest warrants remains a significant challenge for the court. It relies on member states to detain suspects, a dependency that does not always yield compliance. Instances like the Hungarian Prime Minister Viktor Orban’s invitation to Netanyahu, bypassing the arrest warrant, underscore the limits of the court’s influence. Similarly, Vladimir Putin’s visit to Mongolia in September and Omar al-Bashir's departure from South Africa in 2015 without detention highlight these enforcement issues.

The situation with Muhammad Deif also presents complications. While Israel claimed to have killed him in an airstrike in August, resulting in dozens of Palestinian casualties, Hamas has not confirmed his death, leaving uncertainty regarding his status. The I.C.C.’s effort to prosecute amid such complexities continues to reveal the scope and restrictions of international justice.