On 17 July 1998, the Rome Statute was adopted, creating the International Criminal Court (ICC) and marking a global commitment to ending impunity for genocide, war crimes, and crimes against humanity. Since 2010, this date has been observed as International Justice Day. However, 28 years later, the ICC and the broader international justice system are in deep crisis, threatened by external attacks and internal challenges.
US Campaign to Dismantle the ICC
In July 2025, US Secretary of State Marco Rubio announced a sweeping campaign to dismantle the ICC, promising to systematically disable its operations and pressure allied nations to reject the court's authority. This aggressive stance is not new; the US never ratified the Rome Statute and under George W. Bush signed bilateral immunity agreements to shield Americans from prosecution. The recent ICC investigation into Israeli leaders for war crimes has hardened Washington's position. President Donald Trump's February 2025 executive order labeled the ICC's work as illegitimate and politically motivated, leading to sanctions on ICC judges, prosecutors, UN experts, and NGOs.
African Withdrawals and Allegations of Bias
Burkina Faso, Mali, and Niger have notified the ICC of their withdrawal, echoing longstanding accusations that the court unfairly targets Africa and serves neo-colonial interests. ICC supporters counter that by prosecuting crimes in Africa, the court serves victims and advances global justice. Ottilia Anna Maunganidze, Head of Special Projects at the Institute for Security Studies, argues that the anti-ICC onslaught demands more than rebuttals; it requires states that support the rule of law to be more assertive in ensuring accountability themselves.
Broader International Justice Efforts Beyond the ICC
The international justice system extends far beyond the Hague-based court. States have a responsibility to investigate and prosecute international crimes domestically. Recent developments show glimmers of hope: the Central African Republic's Special Criminal Court opened the trial of former president François Bozizé for crimes against humanity. The Democratic Republic of Congo established an international advisory council of war crimes lawyers. South Africa's case against Israel at the International Court of Justice under the Genocide Convention has garnered support from 18 countries intervening and another 14 expressing formal backing, along with the African Union, Arab League, and others.
Domestic Laws and Universal Jurisdiction in Africa
Many African countries, including non-ICC parties like Ethiopia and Zimbabwe, have domestic laws criminalizing war crimes and genocide, enabling national prosecutions. Universal jurisdiction is also gaining traction: in Kenya, the Office of the Director of Public Prosecutions is assessing a request from Legal Action Worldwide to investigate Sudan's Rapid Support Forces for war crimes. To close the impunity gap, sustained financial and political support for domestic investigations and stronger cooperation with international accountability mechanisms are essential.
Strengthening International Justice Instruments
New instruments like the Ljubljana-The Hague Convention (adopted in 2023) and the Draft Articles on Prevention and Punishment of Crimes Against Humanity (expected adoption by 2029) aim to enhance state cooperation and domestic justice efforts. Maunganidze emphasizes that while the ICC may be under threat, the international justice system must not crumble. States, law associations, NGOs, and civil society must push back against backsliding and advance accountability through multiple avenues.
