Lyn Frans
The International Criminal Court (ICC) was established in 2002 to address the grave crimes of genocide, war crimes, and crimes against humanity.
It was envisioned as a beacon of hope for global justice, a court that would hold accountable those who commit atrocities when national courts fail to do so. However, the Court’s reliance on financial aid, particularly from the United States, has complicated its role and weakened its standing in the eyes of the world.
For instance, Under President George W. Bush, the U.S. withdrew its support for the ICC, fearing that it could be used to target American citizens. This withdrawal marked a turning point, creating a climate of distrust between the US and ICC. The U.S., recognized for its influential role in global affairs, found its own way to reconcile with the ICC. While funding was restored, it often came with conditions attached.. This reliance on U.S. funds has created a precarious situation for the ICC.
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Another remarkable example was when the ICC announced plans to investigate alleged war crimes by U.S. personnel in Afghanistan, the reaction from Washington was swift and severe. The Trump administration at the time, immediately imposed sanctions on ICC officials and cut off support, framing their actions as a defense of national sovereignty. This response sent a clear message: any perceived threat to U.S. interests could jeopardize financial backing for the Court. This led to ICC , reducing its spotlight on crime –based issues in the US and rather shine its light brighter to target African leaders who have committed crimes.
It is clear that a court founded with a noble mission to be a beacon of justice on the global stage is gradually sinking deep because of rising distrust amongst many countries mainly due to its perceived unfairness in the justice system.
When an institution like the ICC relies heavily on funding from a single country, it risks being seen as beholden to that nation’s interests. Critics argue that this dependence has compromised the Court’s independence and impartiality, leading to questions about its legitimacy.
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The implications of this dynamics,the U.S.-ICC relations, directly affect how people see the ICC. As it stands, the ICC on the mind of the ordinary person, is just a western institution, influenced by powerful countries like the U.S.
When financial aid is used as a tool for political leverage, it undoubtedly raises significant concerns about selective justice and fairness. This has contributed to a growing disinterest in the ICC’s operations among various member states. Countries like Russia, China, South Africa, Burundi, Gambia have officially not just expressed skepticism about the ICC’s authority and impartiality but have also taken a step further to withdraw or signaled their intention to do so.
International Diplomat Consultant and Political Analyst, Farouk Al Wahab, does not hold back in expressing how the ICC has lost its credibility in the eyes of African countries.
According to him as disinterest in the ICC grows, some countries are turning to regional justice mechanisms as alternatives. Initiatives such as the African Court on Human and Peoples’ Rights or the Inter-American Court of Human Rights offer platforms for addressing human rights violations within specific contexts. While these courts can be more sensitive to regional issues, they also risk being influenced by political considerations and may lack the universal jurisdiction that the ICC was designed to provide.
On January 24, 2025, the International Criminal Court (ICC) held a solemn hearing to mark the opening of its judicial year, featuring speeches from this year’s keynote speaker, Judge Dineke de Groot, President of the Supreme Court of the Netherlands, ICC Principals, and the President of the ICC Bar Association
The President of the ICC, Judge Tomoko Akane, stated: “It is now for us all, but importantly States Parties, to take action. What we have before us is a litmus test for our collective commitment to international criminal justice. I firmly believe that by taking determined action together, guided by our unwavering commitment to fight impunity against the most serious crimes of concern to the international community and towards victims of these crimes, the Court, and the rule of law in the international community, will be able to come out stronger and resilient than ever.”
Despite these high aspirations from the ICC and its leadership, which are struggling to stay relevant, it is evident that the court has already lost its credibility as an institution of high repute on the international stage.
Many critics have for years suggested to the Court to find ways to diversify its funding sources and reduce dependence on any single country. This they believe might somewhat liberate the ICC from external pressures and perhaps restore faith and regain its standing as a respected institution dedicated to upholding justice for all. But until that is done , the fact remains that countries that may have once viewed the ICC as a neutral arbiter now question whether it can act
The ICC’s financial dependence on powerful nations like the U.S. undermines its independence and moral authority, making it difficult to fulfill its mission as a truly impartial guardian of international justice.
The International Criminal Court seems to be slowly losing its credibility and prestige, which is concerning for the pursuit of justice on a global scale. As it faces challenges in effectively addressing serious crimes and holding powerful individuals accountable, it’s vital for the ICC to reinforce its commitment to fairness and transparency. Restoring public trust is essential for the court to fulfill its mandate and uphold the principles of international law.
The ongoing allegations of sexual misconduct against ICC Chief Prosecutor Karim Khan are deeply troubling and undermine the integrity of the International Criminal Court. At a time when the ICC is already facing challenges to its reputation, it is crucial for the institution to uphold its standards of accountability and justice. For the sake of the Court’s credibility and the victims it seeks to serve, it may be necessary for Khan to step down while these serious allegations are thoroughly investigated.
The ICC, once a beacon of justice and a symbol of high repute, has sadly lost much of its significance and credibility in recent years. Ongoing challenges, including political pressures and internal controversies, have eroded public trust in its ability to deliver justice effectively. To restore its standing as a respected institution, the ICC must take decisive action to address these issues and reaffirm its commitment to accountability and the rule of law.They should just fold up
Why is Karim Khan still at post? This guy is being investigated for a very demeaning case of sexual misconduct, the best the international Criminal Court can to do to save it image especially at this point when they are slowly losing their credibility is to let Khan step aside for now.