THE HAGUE, Netherlands – The annual gathering of the member states of the International Criminal Court (ICC) kicks off on Monday, amidst a series of controversies challenging the court’s authority and effectiveness. This year’s meeting takes place as the ICC grapples with criticism over recent arrest warrants issued for Israeli leaders, allegations of sexual misconduct against the court’s chief prosecutor, and a lack of ongoing cases.
The Assembly of States Parties, which represents 124 member nations, is convening its 23rd conference to elect committee members and finalize the court’s budget, all while surrounded by a cloud of negative publicity. Last month, the ICC’s chief prosecutor, Karim Khan, received the green light to pursue arrest warrants for Israeli Prime Minister Benjamin Netanyahu, his former defense minister, and Hamas’ military chief. They are accused of crimes against humanity tied to the ongoing conflict in Gaza, which has lasted nearly 14 months.
This situation marks a significant moment as it is the first instance where a sitting leader of a significant Western ally has been targeted by the ICC. Responses have been largely critical from various quarters; even some of the court’s supporters have only cautiously acknowledged the warrants. This is in stark contrast to the solid support the ICC received for the arrest warrant issued for Russian President Vladimir Putin over alleged war crimes in Ukraine last year.
U.S. President Joe Biden denounced the warrants for the Israeli officials as “outrageous” and reaffirmed unwavering support for Israel. In contrast, Biden had described the ICC’s warrant for Putin as “justified.” It is pertinent to note that the United States is not a member of the ICC.
France has stated it will adhere to its obligations but will also assess whether Netanyahu possesses immunity. When the warrant for Putin was released, France had expressed its support for the court’s critical work. Viktor Orbán, Hungary’s Prime Minister and the current holder of the European Union’s presidency, criticized the ICC for allegedly meddling in ongoing conflicts for political ends and declared that Hungary would not arrest Netanyahu, despite being a member of the ICC.
Established in 2002, the ICC functions as the world’s permanent court for prosecuting serious crimes like war crimes, crimes against humanity, genocide, and aggression. The court intervenes only when countries cannot or will not prosecute these crimes internally. Currently, 124 nations have ratified the Rome Statute, the founding document of the ICC; notable absentees include Israel, Russia, and China. The court does not have its own enforcement capabilities and relies on member states to carry out arrest warrants.
Austria reluctantly acknowledged it would comply with the warrants but labeled them as “utterly incomprehensible.” Italy criticized the warrants as “wrong” but acknowledged its legal obligation to act. Germany indicated it would carefully consider the situation. Concerns have been raised about how these varied responses could hinder global justice efforts. Janina Dill, a global security expert, warned that the integrity of international law could be at risk due to such reactions.
U.S. Senator Lindsey Graham denounced the ICC as a “dangerous joke” on a recent talk show, advocating for congressional action to impose sanctions on the ICC’s prosecutor. He asserted that any ally, including Canada, Germany, and France, who attempts to support the ICC would face repercussions. During Trump’s administration, the former prosecutor of the ICC, Fatou Bensouda, faced sanctions for probing U.S. military conduct in Afghanistan.
Milena Sterio, an international law professor, noted that the proposed sanctions could adversely affect numerous contributors to the court’s work, including prominent human rights lawyer Amal Clooney, who was involved in advising the current prosecutor on the recent warrants. Sterio remarked that sanctions might serve as significant obstacles.
Khan also faces internal challenges; reports surfaced regarding allegations that he coerced a female aide into a sexual relationship and groped her. This misconduct was reported to the court’s independent oversight body in May by two colleagues to whom the alleged victim confided. The inquiry concluded after five days as the woman opted against filing a formal complaint, and Khan, who has denied these accusations, was not interviewed during this process. An external investigation into these allegations is expected, although it is unclear if it will be addressed at this conference.
The ICC is frequently criticized for its perceived ineffectiveness, with no trials currently scheduled following the conclusion of two cases in December. Despite numerous arrest warrants issued in recent months, many high-profile suspects remain at large. For instance, Mongolia declined to detain Putin during his visit in September, and Sudan has not extradited former President Omar al-Bashir, who is wanted due to his alleged involvement in the Darfur conflict. Recently, Khan sought a warrant for Senior Gen. Min Aung Hlaing, leader of the Myanmar military, concerning attacks against the Rohingya Muslim minority, but judges have yet to make a decision.
Sterio expressed profound concern, stating, “It becomes very difficult to justify the court’s existence.”