Introduction
The International Criminal Court (ICC), founded in 2002, aims to hold individuals accountable for committing some of humanity’s gravest offenses. Supporters argue that the court serves as a deterrent to potential war criminals, strengthens global legal standards, and provides a measure of justice for victims of atrocities. However, since its creation, the ICC has faced widespread criticism and struggled to secure membership from major global powers like the United States, China, and Russia. Two nations have withdrawn their membership, while numerous African leaders have accused the court of disproportionately targeting their continent.
The U.S. stance toward the ICC became particularly hostile under President Donald Trump. Although the Biden administration has adopted a more cooperative tone, tensions persist. The court’s issuance of arrest warrants for high-profile leaders such as Russian President Vladimir Putin and Israeli Prime Minister Benjamin Netanyahu has led to further backlash from Washington and raised questions about the ICC’s future trajectory.
Origins and Development
The concept of international justice emerged strongly after World War II, with the Nuremberg Trials prosecuting senior Nazi officials. Decades later, in the 1990s, a growing consensus among nations supported the establishment of a permanent tribunal to address the world’s most severe crimes. Prior to this, the United Nations had created temporary criminal tribunals to prosecute war crimes in places like the former Yugoslavia and Rwanda. However, these ad hoc courts were often criticized for their inefficiency and limited impact as deterrents.
A significant push for a permanent court began in 1989 when Trinidad and Tobago urged a UN commission to explore the idea. Over the subsequent years, momentum for the ICC grew, with strong backing from Europe and Africa. Notably, Africa remains the court’s largest regional bloc, despite recent tensions with some member states. Meanwhile, the European Union has consistently supported the ICC, adopting binding policies to back the court, including a 2011 resolution formalizing this commitment.
In July 1998, the ICC’s founding treaty, the Rome Statute, was approved at a United Nations conference in Rome. The statute officially came into effect on July 1, 2002, after being ratified by over 60 countries.
Membership Overview
Currently, 124 nations are party to the Rome Statute. However, around 40 countries have opted not to sign the treaty, including influential states like China, Saudi Arabia, India, North Korea, and Turkey. Despite opposition from the United States and its allies, Palestine was admitted as a member in 2015. Additionally, several nations signed the treaty but never completed ratification, including Israel, Egypt, Sudan, and the United States. Most recently, Armenia joined the ICC in February 2024, following its ratification of the Rome Statute in 2023.
Withdrawals and Challenges
Two countries have officially left the ICC. Burundi exited in 2017 after the court initiated an investigation into its government’s crackdown on protests. In 2019, the Philippines withdrew under President Rodrigo Duterte, who criticized the court’s inquiry into his controversial war on drugs and insisted that domestic courts were sufficient to uphold justice.
Although both Gambia and South Africa signaled their intent to leave the ICC in 2016, political and legal pressures eventually led them to reverse their decisions. South Africa, in particular, has voiced frustration over what it perceives as the ICC’s Western bias in applying international law.