The International Criminal Court (ICC) convened its 3rd annual session on Monday, at the World Forum Convention Center in The Hague, Netherlands. This year’s session is set against significant controversies and challenges. The gathering, known as the Assembly of States Parties (ASP), this year has been overshadowed by ongoing tensions regarding arrest warrants issued for Israeli officials, recent sexual harassment allegations against the court’s chief prosecutor, a notably empty docket, and ongoing impunity for war criminals, at a time when peace and stability have not been more fraught since the Cold War, raising concerns over the court’s efficacy and future.
President Tomoko Akane delivered a stirring address to mark the opening ceremony, framing the current moment as a “turning point in history.” She warned about “existential threats of sanctions” that could lead to the collapse of ongoing investigations and leave victims without recourse to justice. The implications of this collapse, according to Akane, would extend beyond the ICC, marking a serious setback for the rule of law globally and jeopardizing the fight against impunity for international crimes. Akane’s remarks have resonated strongly among member states and civil society organizations, emphasizing the importance of unwavering support for the ICC’s mandate in upholding justice for victims of atrocities. “The ICC’s fall will be the fall of the Rule of Law,” she stated emphatically, calling on all member states to stand united in protecting this critical institution.
The ICC’s chief prosecutor, Karim Khan, reported a significant increase in evidence gathered by the Office of the Prosecutor (OTP), stating that the amount of evidence collected since 2021 is double what had been accumulated in the previous two decades. This surge is indicative of the ICC’s commitment to addressing international crimes, yet the lingering issue of outstanding arrest warrants remains a pressing concern. Of the 30 outstanding warrants, 18 were issued in recent years, with arrest warrants for officials in Russia, Myanmar, Israel, and Hamas officials emphasizing the ICC’s ongoing struggle to enforce its mandates effectively.
Khan highlighted a remarkable 150 percent increase in Article 15 communications—reports from third parties about potential crimes—received over the past year, underscoring both the growing demand for justice and the court’s heightened activity. However, the prosecutor cautioned that the issuance of warrants alone is insufficient. The persistent backlog of warrants shows the ICC’s challenges in operationalizing its authority in politically volatile contexts.
Notably, a segment of the assembly has voiced discontent regarding the court’s decisions, particularly concerning the Israeli officials’ warrants. Akane emphasized the integrity of judicial processes, stating, “We find it appalling when certain states are scandalized when independent judges issue decisions in accordance with evidence and the law.” This statement reflects the broader tensions between national interests and international legal obligations, particularly concerning state sovereignty and accountability for war crimes.
Additionally, the shadow of the sexual harassment allegations against the ICC’s chief prosecutor introduces further complications into the court’s already precarious position. As discussions at the ASP evolve, the ICC will need to address these internal issues to maintain credibility and trust in its operations.
The message from ICC officials at the opening of the 23rd session of the Assembly of State parties is clear: It is now up to member states to take on the crucial role of safeguarding the International Criminal Court (ICC) and preserving the integrity of the system as a whole, lest the entire framework crumble. This comes as The United Nations reports 2024 as the deadliest year on record for humanitarians, with conflicts raging across the world including in the Occupied Palestinian Territory, Ukraine, Myanmar, Ethiopia, and Sudan to name a few.
As the international community watches closely, the upcoming discussions will be critical in determining the future trajectory of the ICC and its ability to deliver justice for victims worldwide.
