Front Burner Is the International Criminal Court’s future in peril?
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Aug 29, 2025 Kenneth Roth, former director of Human Rights Watch and author, dives into the tumultuous waters surrounding the International Criminal Court (ICC). He discusses the recent U.S. sanctions against ICC officials and the Trump administration’s historic opposition to the court. Roth addresses the challenges the ICC faces, particularly its jurisdiction over powerful leaders like Israeli officials accused of war crimes. Additionally, he explores Canada’s commitment to the ICC compared to the U.S. stance, emphasizing the court's crucial role in global justice.
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ICC’s Unique Role In International Justice
- The ICC prosecutes individuals for genocide, war crimes, crimes against humanity and aggression, unlike the ICJ which adjudicates state disputes.
- The ICC fills a global gap left by ad hoc tribunals and provides a permanent venue to hold individuals accountable.
ICJ Versus ICC In Genocide Cases
- The ICJ can find a state guilty of genocide but cannot prosecute individuals, which is why South Africa's case against Israel differs from ICC actions.
- Individual prosecutions for genocide would likely require the ICC rather than the ICJ.
Member States’ Duty To Arrest ICC Fugitives
- ICC member states must arrest individuals subject to ICC warrants and surrender them to The Hague when found on their territory.
- Non-member states like the U.S. are not bound, which explains why Netanyahu and Putin travelled without arrest in certain countries.
