The current and former heads of the International Criminal Court's (ICC) governing body have expressed concerns that diplomatic pressures aimed at isolating the court threaten international law. This statement follows actions by the Trump administration to impose sanctions and encourage countries to distance themselves from the ICC.
In a joint op-ed published on the Just Security law and policy journal's website, Paivi Kaukoranta, the current president of the ICC’s Assembly of States Parties, along with seven former presidents, stated that efforts to isolate the court are intended to undermine confidence in the international legal order. They noted that the ICC was established by sovereign states to create rules for prosecuting serious crimes, including genocide and war crimes, and emphasized that it serves as a court of last resort, not a replacement for national justice systems.
The authors rejected claims that the ICC undermines state sovereignty, asserting that participation in international treaties is an exercise of sovereignty. They warned against a scenario where political power dictates the application of international law, stating, "The choice before us is between a world based on the rule of law and one where might decides what is right."
They called on the ICC's 125 member states and supporters of international law to bolster the court's political, legal, and practical support, urging that now is the time to strengthen institutions that uphold international law rather than dismantle them.
The statement comes in light of recent sanctions imposed by the Trump administration on ICC judges and officials, as well as the U.S. government's opposition to ICC investigations involving Israeli Prime Minister Benjamin Netanyahu and U.S. personnel. Additionally, the Trump administration has withdrawn from various international bodies, including the UN Human Rights Council and UNESCO, citing conflicts with U.S. interests and sovereignty.