When Treaties Work | The Rome Statute for the International Criminal Court

In 1998, 120 countries came together to adopt the Rome Statute, creating what would become the International Criminal Court. Four years later, that treaty entered into force, and the ICC officially opened its doors as a permanent court tasked with prosecuting individuals accused of war crimes and crimes against humanity.

Now, looking around the world today, it's clear the ICC has not put an end to war crimes or crimes against humanity. But even so, the court—and the treaty that created it—have profoundly shaped international politics in ways that are often overlooked.

My guest today is Mark Kersten. He's a Senior Consultant with the Wayamo Foundation and an Assistant Professor of Criminology and Criminal Justice at the University of the Fraser Valley in British Columbia. We start with a brief history of the ICC, and then dig into how the court has influenced not just legal definitions of war crimes and crimes against humanity, but how states themselves behave.

When we spoke, Mark had just returned from the ICC's annual Assembly of States Parties—the court's main governing body. He explains why that meeting offers a window into some of the biggest challenges the ICC now faces, including the very real possibility of U.S. sanctions—not just against individual court officials, but against the institution itself.

This episode is produced in partnership with Lex International Fund, a philanthropic initiative dedicated to strengthening international law to solve global challenges. It's part of our ongoing series highlighting the real-world impact of treaties on state behavior, called "When Treaties Work."