What’s in today’s article?

• Why in News?
• What is International Criminal Court (ICC)?
• How does the ICC function?
• Demand of arrest warrants by the Office of Prosecutor

Why in News?

The Prosecutor of the International Criminal Court (ICC) requested arrest warrants against leaders of Hamas and Prime Minister Benjamin Netanyahu of Israel about the October 7, 2023 attacks on Israel and the subsequent war in Palestine.

What is International Criminal Court (ICC)?

• About
  • The International Criminal Court is a permanent court to prosecute serious international crimes committed by individuals. 
  • It tries crimes such as genocide, war crimes, crimes against humanity, and aggression.
  • The court was established to fight global impunity and bring to justice criminals under international law, regardless of their rank or stature.
    • It is different from the United Nations’ International Court of Justice, also at The Hague.
• HQ
  • The Hague, The Netherlands
• Statute 
  • Before the ICC became functional in 2002, its founding treaty was adopted by the UN General Assembly in 1998 in Rome, Italy, thereby making it the Rome Statute.
• Membership
  • To become a member of the ICC or State party to the Rome Statute, countries have to sign the statute and ratify it under their respective legislatures. 
  • 124 countries are currently members of the ICC, with African countries making up the largest bloc. 
    • Armenia joined the ICC in February 2024.
  • Notably, countries including India, China, Iraq, North Korea and Turkey never signed the Rome Statute.
  • Others including the US, Russia, Israel and Syria signed, but never ratified it.

How does the ICC function?

• Judges & Prosecutors
  • The court carries out its investigations through the Office of the Prosecutor and has 18 judges. 
  • Both the judges and prosecutors hold non-renewable nine-year terms.
• Process
  • There are pre-trial, trial, and appellate benches in the ICC. 
  • The prosecutor conducts a preliminary examination in a matter, before seeking permission from pre-trial judges to open a full investigation. 
    • The initial examination must conclude that the crimes in question are of sufficient gravity.
• Ways to open investigations
  • The prosecutor can open an investigation in three ways: 
    • when a case is referred by a member country in its own territory.
    • when a case is referred by the UN Security Council; and 
    • when the prosecutor takes up a case proprio motu or on his own. 
  • Non-member states can also be investigated in three ways: 
    • if alleged crimes were perpetrated by non-members in member states, 
    • if the non-members accept the court’s jurisdiction, or 
    • when the Security Council authorises it.
• Jurisdiction over Israel
  • Israel is not a Party to the Rome Statute. 
  • However, the ICC does have jurisdiction over crimes committed by nationals of both State Parties and non-state Parties (such as Israel) on the territory of a State Party (such as Palestine).
    • Palestine became the 123rd member of the Rome Treaty on April 1, 2015. 
    • Also, in February 2021, the ICC decided that it could exercise jurisdiction over Palestine, including Gaza and the West Bank.
  • Hence, ICC’s jurisdiction is extended to Israel as well.

Demand of arrest warrants by the Office of Prosecutor

• Persons against whom arrest warrants have been demanded
  • The Prosecutor has sought arrest warrants for three senior leaders of the Palestinian militant group Hamas:
    • its leader in the Gaza Strip Yahya Sinwar; 
    • the commander-in-chief of its militant wing, the Al-Qassam Brigades, Mohammed Deif; and 
    • the head of the Hamas Political Bureau, Ismail Haniyeh.
  • On the Israeli side, warrants have been sought for Netanyahu and Israel’s Minister of Defence Yoav Gallant.
• Accusations on these leaders
  • All five individuals have been charged with crimes against humanity and war crimes.
• Crimes against humanity
  • Crimes against humanity include murder, extermination, torture, rape, and sexual offenses. 
  • They also cover persecution and other inhumane acts causing great suffering or serious injury. 
  • These acts must be part of a widespread or systematic attack on civilians, carried out under a state or organizational policy.
• War Crimes
  • War crimes include serious violations of the Geneva Conventions during armed conflict. 
  • These crimes involve the willful killing or torture of civilians or prisoners of war, and the unlawful destruction or appropriation of property. 
  • Taking hostages and intentionally attacking civilians or civilian objects are also war crimes. 
  • Using starvation as a weapon and obstructing relief supplies are prohibited as well.
• What happens next?
  • The ICC’s decisions are binding.
  • However, it relies on the cooperation of States for support, particularly for making arrests and transferring the arrested individuals to the ICC detention centre, for freezing assets, and enforcing sentences.
  • If ICC issues the arrest warrant (as demanded by the prosecutor), all 124 State Parties would be under obligation to cooperate with the court, and to arrest and extradite these individuals to The Hague.
  • This would make international travel difficult for these leaders.

Q.1. What is Rome Statute of the International Criminal Court?

The Rome Statute of the International Criminal Court is the treaty that established the International Criminal Court.

Q.2. What are war crimes as per the Geneva convention?

War crimes per the Geneva Conventions include willful killing, torture, unlawful property destruction, hostage-taking, targeting civilians, using starvation as warfare, and obstructing relief supplies during armed conflict.

Source: Expert Explains: Why the ICC Prosecutor has asked for an arrest warrant against Netanyahu, and what could happen now | International Criminal Court | Government of the Netherlands | Financial Express

What’s in today’s article?

• Why in News?
• What is UN Convention to Combat Desertification (UNCCD)?
• What are Rangelands?
• Key highlights of the report: Overall observation
• Key highlights of the report: India specific observation

Why in News?

Recently, the UN Convention to Combat Desertification (UNCCD) has released the Global Land Outlook Thematic Report on Rangelands and Pastoralists. As per the report, up to 50% of rangelands are degraded.

What is UN Convention to Combat Desertification (UNCCD)?

• About
  • UNCCD is a legally binding agreement that aims to protect and restore land, and combat desertification and drought. 
  • It was adopted in 1994 and became effective in 1996. 
  • The UNCCD is one of the three Rio Conventions. The other two are: 
    • the Convention on Biological Diversity (UNCBD); and 
    • the United Nations Framework Convention on Climate Change (UNFCCC).
  • The UNCCD focuses on drylands, which are arid, semi-arid, and dry sub-humid areas that are home to some of the most vulnerable ecosystems and peoples.
• Secretariat
  • The UNCCD's permanent Secretariat is located in Bonn, Germany.
• Goals
  • Protecting and restoring land
  • Ensuring a safer, just, and more sustainable future
  • Mitigating the impact of land degradation
  • Providing food, water, shelter, and economic opportunity to all people 

What are Rangelands?

• About
  • Rangelands are large areas of land that are covered by grasses, shrubs, woodlands, wetlands, and deserts and are used by wild animals and domestic livestock for grazing. 
  • They cover about 47% of the Earth's surface and 54% of the world's land. 
  • Rangelands are often characterized by low and erratic precipitation, poor drainage, rough topography, and low soil fertility.
• Types
  • Types of rangelands include:
    • Tallgrass and shortgrass prairies; Desert grasslands and shrublands; Woodlands; Savannas; Chaparrals; Steppes; Tundras; Alpine communities; Marshes and meadows etc.
• Significance
  • Rangelands are important for: Storing carbon; Providing habitats for wildlife; Supporting the world's largest rivers and wetlands; and Keeping carbon in the ground.
  • These areas support many ecosystem services, including: grazing, wildlife habitat, watershed health, and recreational opportunities.
  • These areas account for one sixth of global food production and represent nearly one third of the planet’s carbon reservoir.

Key highlights of the report: Overall observation

• Degradation of rangelands
  • Almost half of the world’s rangelands are degraded due to climate change, population growth, land-use change and growing farmlands.
• Conversion of rangelands generates little public reaction
  • When we cut down a forest, when we see a 100-year-old tree fall, it rightly evokes an emotional response in many of us. 
  • The conversion of ancient rangelands, on the other hand, happens in silence and generates little public reaction.

Key highlights of the report: India specific observation

• Pastoralists contribute a lot to the economy
  • Pastoralists contribute to the economy through livestock rearing and milk production. 
    • The livestock sector of the economy contributes 4 per cent of national gross domestic product and 26 per cent of agricultural gross domestic product. 
    • The country also accounts for 20 per cent of the world’s livestock population.
• Pastoralists in India need better recognition of their rights and access to markets
  • Millions of pastoralists in India who rear livestock and depend on grasslands, shrubs and plateaus for sustenance.
  • They need better recognition of their rights and access to markets.
  • Although their exact numbers in India are unknown, it is estimated that there are 20 million or more people in pastoralist communities.
    • These include groups like the Maldharis, Van Gujjars, and Rabaris.
• Pastoralists in India are a marginalised community
  • Pastoralists are a marginalised community with little influence on policy decisions, resulting in uncertainty over access to common land and land rights.
• Protection of grasslands in India
  • Although grasslands are considered threatened ecosystems in India, they have been virtually overlooked in environmental conservation.
    • Ecosystem restoration policies in India are in favour of forestry-based interventions.
    • These includes converting natural grasslands into plantation forests or other uses.
• Less than 5 per cent of India’s grasslands fall within protected areas, and the total grassland area declined from 18 to 12 million hectares between 2005 and 2015.
• Successes highlighted by the report
  • Some laws such as the Forest Rights Act 2006 have helped pastoralists obtain grazing rights across states in the country.
  • E.g., Van Gujjars won grazing rights and received land titles in the Rajaji National Park, following a high court judgment.
• Gradual shift in attitude
  • The report noted that there was a gradual shift towards recognition of the socio-ecological role of rangelands and pastoralism in India. 
  • It cited the example of welfare schemes and assistance provided to pastoralists under the National Livestock Mission, Animal Husbandry Infrastructure Development Fund and the Rashtriya Gokul Mission on sustainable dairy production.

Q.1. What is the United Nations Convention on Biological Diversity (CBD)?

The United Nations Convention on Biological Diversity (CBD) is an international legal agreement that aims to promote the conservation of biodiversity, the sustainable use of natural resources, and the fair sharing of benefits from genetic resources 

Q.2. What is the Forest Rights Act (FRA) of 2006?

The Forest Rights Act (FRA) of 2006, also known as the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, was passed to recognize the rights of traditional forest dwellers and tribal communities to forest resources. The act aims to address historical injustices done to these communities, and to reverse the erosion of their traditional rights by forestry policies.

Source: Pastoralists in India need better access to land and rights recognition, says UN report | UNCCD | UN Women