Israel has already declared it would not cooperate with the ICC Prosecutor. However, an ICC investigation could prove embarrassing to countries allied with Israel who are founding members of the Court.

The ICC may be the only institution capable of breaking the current impasse by threatening to bring Europe’s leaders to criminal account. This is the work of last resort for which international criminal law is designed. The ICC should embrace the progressive ideals that drove its construction, and engage.

The fact that al-Bashir has been deposed will again raise questions about whether there’s a possibility of seeing the former Sudanese president facing trial at the ICC. Commentators have already expressed different opinions on whether he will or won’t end up facing trial at The Hague. Views either highlight the fact that he’s likely to face trial because he no longer enjoys the privileges associated with his position. Or that he still has influence over the new government and, as such, bringing him to The Hague would be extremely complicated.