Sir Adrian Fulford speaking during the session.
Doha, Qatar: Sir Adrian Fulford, former Judge of the ICC and adviser to ICC Chief Prosecutor Karim Khan KC, has said that implementation of the ICC orders regarding arrest warrants of Netanyahu, Gallant is an “absolute obligation” on ICC member states.
In an exclusive talk with The Peninsula on the sidelines of Doha Forum 2024, Fulford said that it was critical that the International Criminal Court (ICC) had issued warrants for the arrest of Prime Minister Netanyahu and Gallant.
“The member states of the ICC (have to) act on that arrest warrant, should he come within their jurisdictions. It is vital ... we don’t end up in a situation where there is one rule for those who are powerful that they do not get arrested and there’s another rule for individuals who are considered to be either of less consequence or less power.”
Sir Adrian Fulford is a former Judge of the ICC who conducted its first-ever trial, former Vice-President of the Court of Appeal (Criminal Division), and adviser to ICC Chief Prosecutor Karim Khan KC.
He noted that there must be complete consistency with the obligation to abide by the orders made by the court. Fulford further said that it is really important at this particular stage as to whether or not the authority of the International Criminal Court is recognised or not.
“If the court fails at this juncture to have its decisions implemented, I think that could have grave consequences for its standing in the future.
“This, in one sense is a very important test of the commitment by member states to the authority of the International Criminal Court.”
Responding to a question about possible refusal or reluctance by some states to implement the ICC verdict, he said, “There’s been no clear indication, but there have been signs. That there is reflection going on at the moment as to whether or not if Netanyahu was to visit certain Western countries as to whether he would be arrested.”
He added, “I am sure that there is no room for making a decision on that. The obligation of the court’s order is absolute on the countries ... it is absolutely clear and should be followed.”
The Qatar International Court and Dispute Resolution Centre (QICDRC) held a panel discussion, “Evolving Jurisdictions of the ICC and ICJ”, at the 22nd Doha Forum on Sunday which brought together a distinguished group of legal experts to discuss the crucial roles of the International Criminal Court (ICC) and the International Court of Justice (ICJ) in addressing ongoing global conflicts, with a focus on the cases of Palestine and Israel, Sudan, and other pressing crises.
Aligning with the UN Sustainable Development Goal 16, the discussion explored the ICC and ICJ’s responses to war crimes, territorial disputes, and breaches of international humanitarian law in regions experiencing acute conflict.
Specific attention was given to how these international courts navigate the legal challenges surrounding the ongoing conflicts in Palestine and Israel, as well as Sudan.
The panellists discussed the courts’ jurisdictional limitations and the need for global cooperation to ensure justice and accountability.
The panel was chaired by Lord Thomas of Cwmgiedd, President of QICDRC and former Lord Chief Justice of England and Wales.
Panellists included Sir Adrian Fulford, former Judge of the ICC who conducted its first-ever trial, former Vice-President of the Court of Appeal (Criminal Division), and adviser to ICC Chief Prosecutor Karim Khan KC, Victoria Prentis KC, former Attorney General of England and Wales, Blinne Ní Ghrálaigh KC, Barrister specialising in public international law, and Prof Sienho Yee, Professor of International Law and Director, Chinese Institute of International Law at China Foreign Affairs University.
In his opening remarks, Lord Thomas of Cwmgiedd emphasised the relevance of the ICC and ICJ in addressing these complex and critical cases.
