The Hague, Netherlands — The atmosphere is tense as diplomats, lawyers, and activists convene for the annual meeting of the International Criminal Court (ICC). This week’s discussions focus on unprecedented challenges, including U.S. sanctions, Russian arrest warrants, and concerns regarding the court’s future. Judge Tomoko Akane, the court’s president, addressed delegations from 125 member states on Monday, reaffirming the institution’s resilience. “We never accept any kind of pressure,” she stated, emphasizing the court’s commitment to its mission.
Despite this declaration, the ICC faces significant hurdles. The absence of a chief prosecutor and sanctions affecting multiple staff members have raised doubts about the court’s longevity. The ICC, established in 2002 as the world’s permanent court for prosecuting serious crimes, is currently holding its 24th annual meeting, which will continue until Saturday. Delegates are expected to approve the court’s annual budget and discuss proposals aimed at enhancing its functions.
Financial Struggles and International Implications
During the meeting, officials are seeking commitments from member nations to secure 195 million euros (approximately $227 million) for operational funding in the upcoming year. The implications of U.S. sanctions, imposed by former President Donald Trump, have severely impacted the ICC’s work. Nine staff members, including six judges and the chief prosecutor, have been sanctioned for pursuing investigations into officials from the U.S. and Israel.
The U.S. is notably absent from the ICC as one of the powerful nations that have opted not to join, alongside Russia, China, and Israel. These sanctions have cast a “strange shadow” over the proceedings, according to Adam Keith, Director of Human Rights First. The sanctions have prompted two U.S.-based human rights groups to withdraw from events, while another organization, the Paris-based International Federation for Human Rights, has limited U.S. staff attendance at meetings involving sanctioned personnel.
Another pressing issue, although not officially on the agenda, is the ongoing investigation into allegations of sexual misconduct against the ICC’s chief prosecutor, Karim Khan. Khan has temporarily stepped down while a United Nations watchdog conducts an external probe, which has faced delays. A report on the investigation is expected to be finalized by the end of the year, according to diplomatic sources.
Member States’ Commitment to Justice
Since last year’s meeting, four countries have announced intentions to withdraw from the ICC. Hungary notably refrained from arresting Israeli Prime Minister Benjamin Netanyahu in April, despite an ICC-issued arrest warrant, and subsequently declared its intention to exit the court. In September, Mali, Burkina Faso, and Niger followed suit, although their departures have yet to be formalized.
In a concerning trend, Italy, where the court’s foundational treaty, the Rome Statute, was signed in 2001, chose to send a sought-after warlord back to Libya instead of extraditing him to the ICC. The court relies heavily on cooperation from member states to arrest suspects and transport them to The Hague for trial.
Despite these challenges, the ICC has seen increased activity in its courtrooms. As 2025 approaches, the court is preparing for the trial of Mahamat Said Abdel Kani, a militia commander from the Central African Republic charged with multiple counts of crimes against humanity and war crimes. Recently, the ICC has taken custody of two additional suspects. In March, former Philippines President Rodrigo Duterte was sent to the ICC following a warrant for crimes against humanity related to his controversial anti-drug campaigns. More recently, on Monday, Germany handed over Khaled Mohamed Ali El Hishri, who faces similar charges stemming from his role as a senior commander in a prison in Tripoli.
As the ICC continues its work amid these challenges, the commitment of member states will be critical in maintaining its role as a key player in international justice.
