As we enter the new year, the future of the International Criminal Court (ICC) faces significant threats. Sanctions against the Court and its officials, cyberattacks, and disinformation campaigns jeopardize the world’s first permanent international criminal court, which addresses the worst crimes known to humankind: the crime of aggression, genocide, crimes against humanity, and war crimes. In 2023, the ICC suffered a cyberattack that disrupted operations and imposed additional costs on its Member States. Criminal proceedings were initiated in the Russian Federation against the Court’s Prosecutor and Judges after an arrest warrant was issued for its President and a collaborator. Civil society members supporting the ICC have faced threats, and the possibility of renewed U.S. sanctions for investigating Israeli officials looms large. Such actions could severely hinder the Court’s nearly 20 investigations worldwide, including in Libya, Myanmar, Palestine, Ukraine, and Venezuela, threatening its very existence and abandoning victims of the gravest crimes.
The ICC is not without flaws. Most of us have previously called for reforms to improve its governance and resource efficiency, leading to an Independent Expert Review and meaningful changes. While challenges remain, we are committed to the ICC’s vision of justice and its mandate to ensure that no one is above the law, regardless of power. Efforts to undermine the ICC are attacks on the principle that law protects the weak against the powerful.
A Critical Juncture
The weakening of multilateralism, characterized by rising unilateralism, transactionalism, and the erosion of international norms, poses existential threats, particularly to small and medium-sized States. These States rely on international law for their security and sovereignty. Without a robust multilateral system, they become vulnerable in a world where might increasingly trumps right. The ICC’s work is not just symbolic; it is a lifeline for these States in navigating global power dynamics.
Despite formidable challenges, the ICC’s support remains strong. Currently, 125 States—nearly two-thirds of the global community—are members. Recent accessions by Ukraine and Armenia underscore that justice transcends geopolitical divides. By staying united, member States can shield the ICC’s mandate from attempts to undermine it.
Opportunities for Strengthening the ICC
This moment of crisis presents an opportunity to strengthen the ICC. A critical priority is aligning the Court’s jurisdiction over the crime of aggression with its jurisdiction over other core crimes. With the United Nations Security Council often gridlocked, enhancing the ICC’s ability to address acts of aggression is vital for global peace and security. As we commemorate the UN’s 80th anniversary in 2025, it is imperative to ensure accountability for those who flagrantly violate international law. The upcoming ICC States Parties’ meeting in July offers a chance to advance this cause and honor the UN’s founding principles.
The ICC’s impartial approach to justice, including holding powerful political figures accountable, has drawn attacks from influential States. This underscores the need for additional States to join the ICC’s jurisdiction, sending a strong message of support for international justice. Expanding membership is the most impactful way to bolster the ICC and reinforce its legitimacy.
A Rallying Call for Justice
The ICC’s mission is not political; it is about applying international law consistently and impartially to hold perpetrators of the gravest crimes accountable. By doing so, the Court affirms the principle that no one is above the law, a cornerstone of the international system of peace and security.
As the international legal order faces a critical moment, we urge States, civil society, corporations, and citizens worldwide to rally in defense of the ICC. Advocacy, education, and public support are essential to ensuring the Court’s resilience. This is a pivotal moment to reaffirm our collective responsibility to uphold the rule of law. Failure to act risks unraveling the multilateral framework that underpins global peace and justice.
The ICC, though young, holds a timeless promise. Allowing it to falter endangers the principles of justice, accountability, and international cooperation that are essential for a fair and stable world. Now is the time to stand united, defend the ICC, and safeguard the future of the international legal order for generations to come.