The International Criminal Court (ICC) has faced criticism for its track record since its founding over two decades ago, with less than 10 successful prosecutions out of 31 cases. Despite spending over $2 billion, the court has only resulted in 10 convictions and four acquittals. The ICC’s total annual budget for 2023 is approximately $183,500,000, with funding coming from member states based on the size of their economies, with Japan, Germany, and France being among the largest contributors.
Sanctions against the ICC could be potentially damaging, as then-President Trump authorized an asset freeze and family entry ban against ICC officials in 2020 due to investigations into alleged U.S. war crimes in Afghanistan. Some experts have criticized the ICC’s effectiveness and its pursuit of arrest warrants for Israeli officials, questioning the value of the court. The Biden administration has increased cooperation with the ICC, offering assistance in investigations, but some have called for invoking the American Servicemembers Protection Act to sanction the court in response to any arrest warrants for Israeli officials.
The ICC, which commenced operations in 2002, prosecutes crimes such as genocide, crimes against humanity, war crimes, and crimes of aggression based on the Rome Statute. President Clinton signed the statute in 2000, but the Bush administration withdrew the U.S. signature and adopted the American Servicemembers Protection Act, preventing cooperation with the court. The U.S. does not recognize the ICC’s jurisdiction, and sanctions against the court have been reversed, but disagreements remain about the ICC’s actions in Afghanistan and against Israeli officials.
Some experts argue that the sanctions imposed by the U.S. have negatively impacted the work of the ICC, delaying critical investigations and creating difficulties for potential collaborators. The ICC relies heavily on the cooperation of member states to carry out its operations successfully. Outgoing Registrar Peter Lewis noted that state parties’ cooperation is crucial for the court’s success, especially as it faces an unprecedented workload.
The Biden administration has maintained its position of disagreement with the ICC’s actions regarding the Afghanistan and Palestinian situations, while urging for a peaceful resolution to the conflicts. As tensions surrounding Israeli arrest warrants continue, U.S. allies such as France and Belgium have defended the ICC’s prosecutor, while others have called for stronger measures, such as invoking the American Servicemembers Protection Act. The ICC’s work remains integral to addressing international crimes and ensuring accountability for those responsible.
