Scholarship@WashULaw

Document Type

Blog Posting

Language

English (en)

Publication Date

2025

Publication Title

Just Security

Abstract

What to do about a world in which atrocity crimes appear to be occurring with increasing and alarming frequency? Wars are prosecuted using scorched earth tactics that involve the commission of war crimes and crimes against humanity, credible allegations of genocide have been leveled at States in several corners of the globe, and acts and wars of aggression, which will be the subject of discussion at the upcoming International Criminal Court (ICC) Review in July, are on the rise.

The United Nations and other international institutions seem powerless to prevent or contain the violence, and the ICC, which was created in 1998, seems increasingly to be a “Potemkin Tribunal”: the majority of the Court’s arrest warrants have not been implemented (with the notable exception of the former president of the Philippines, Rodrigo Duterte), the Prosecutor is on leave due to serious allegations of sexual misconduct, and the courtrooms show few signs of activity.

How did this happen? Observers cite many reasons. But the ICC might still play a role in walking humanity back from the brink, if States can find the political will to respect and strengthen the work of the Court. ICC States Parties could take three concrete actions to address the current downward spiral: (1) support the arrest of defendants wanted by the ICC and uphold the unanimous ICC Appeals Chamber ruling that there is no immunity for heads of State, (2) amend the Rome Statute to remove the jurisdictional limits imposed upon the crime of aggression during the Kampala Review Conference in 2010, and (3) continue to uphold the values of the Court and the integrity of its activities, while encouraging other States to ratify the Rome Statute to enhance the ICC’s legitimacy and universality.

Keywords

Assembly of States Parties, Benjamin Netanyahu, Crime of Aggression, Diplomacy, ICC Afghanistan Probe, ICC Prosecutor, ICC Putin Arrest Warrant, Immunity, International Criminal Court (ICC), International Criminal Law, International Economic Law, international Justice, International Law, Israel-Hamas War, Jurisdiction, Omar al-Bashir, Rome Statute, Russia-Ukraine War, Sanctions, Sudan, UN Security Council (UNSC), United Nations (UN)

Publication Citation

Leila Nadya Sadat, Three Actions States Parties to the ICC Should Take Now, Just Security (Jul. 2, 2025), https://www.justsecurity.org/116069/international-criminal-court-review-conference/

Download

Share

COinS