Teh International Criminal Court Under Threat: Why Protecting Accountability Matters Now
The pursuit of justice for war crimes and crimes against humanity is basic to respecting human rights globally. At the heart of this pursuit lies the International Criminal Court (ICC),a permanent institution established in 1998 by treaty. It’s designed to be a court of last resort, fulfilling the post-World War II promise of “never again.” While imperfect, the ICC’s ability to hold even the most powerful accountable is a crucial step toward ending cycles of abuse.But this vital system is now facing a serious challenge.
Recent actions, and potential further sanctions from the United States – including the possibility of sanctions against the entire court - directly jeopardize the rights of victims worldwide. It’s time for governments to actively defend the system they created.
Why the ICC Matters: A System of Last Resort
The ICC isn’t meant to replace national courts. Instead, it steps in when national systems are unwilling or unable to genuinely investigate and prosecute the most serious crimes. Consider these key points:
* global Jurisdiction: The ICC addresses atrocities – genocide, war crimes, crimes against humanity, and the crime of aggression – that shock the conscience of humanity.
* Victim-Centered: The court prioritizes the rights of victims, offering a pathway to justice and redress when other avenues are exhausted.
* Deterrence: The very existence of the ICC can deter potential perpetrators, knowing they may face international scrutiny and prosecution.
The ICC represents a collective commitment to accountability. Undermining it weakens the entire framework of international justice.
Recent Challenges & The Need for Stronger Support
The current threat stems from U.S. sanctions imposed in response to the ICC’s inquiry into alleged war crimes in Afghanistan, and potentially extending to those cooperating wiht investigations in other contexts, including Palestine. This isn’t an isolated incident.
In 2021, israel designated several prominent Palestinian human rights organizations – including Addameer and Al Haq – as “terrorist organizations.” Nine European Union member states swiftly rejected these allegations as unsubstantiated. This pushback likely prevented further escalation.
However, many governments have been hesitant to strongly condemn U.S. actions, fearing repercussions.This cautious approach is a mistake. The urgency of the situation demands a bolder response.
What Governments Must Do
Protecting the ICC requires concrete action. Here’s how governments can demonstrate thier commitment to international justice:
* Publicly Condemn Interference: Governments must unequivocally condemn any efforts to undermine the ICC’s independence and silence those documenting abuses.
* Utilize Existing Legal Frameworks: Tools like the European Union Blocking Statute can be used to counteract the effects of U.S.sanctions on individuals and organizations working with the court. This statute effectively nullifies the impact of external laws within the EU.
* Provide Financial & Political Support: Increased funding and diplomatic backing will strengthen the ICC’s capacity to fulfill its mandate.
* Champion Human Rights Defenders: Protecting human rights organizations and journalists is essential. They are often the first line of defense in documenting atrocities and providing evidence to the ICC.
You, as a citizen, can also play a role by contacting your elected officials and demanding they prioritize support for the ICC.
The nations that helped establish the ICC and profess to uphold its values must now actively defend them. The future of international criminal justice – and the hope for accountability for the world’s most heinous crimes – depends on it.
Agnès Callamard, secretary General, Amnesty International.
Federico Borello, Acting Executive Director, Human Rights Watch.
(Originally published in the New York Times: https://www.nytimes.com/2025/10/01/opinion/human-rights-palestinians-international-criminal-court.html)
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