The International Criminal Court (ICC) finds itself at a critical juncture, facing increased threats that challenge its mandate amidst global political tensions. As member states prepare for the upcoming Assembly of States Parties (ASP) in The Hague from December 1 to 6, 2025, advocacy groups like Human Rights Watch (HRW) are urging for robust action to safeguard the court’s role and combat impunity for international crimes. The court’s jurisdiction over war crimes, crimes against humanity, and genocide, established under the Rome Statute in 2002, remains essential for international justice, yet it is currently under considerable threat.
HRW has expressed concerns that various states are attempting to undermine the ICC’s judicial authority. A notable example is the executive order issued by former U.S. President Donald Trump in 2025, which authorized sanctions targeting ICC officials and their supporters. These sanctions, which can affect financial institutions adhering to U.S. sanctions, threaten to cripple the court’s financial resources and operational capabilities. In response, HRW has called on the European Union to employ its blocking statute to counteract these sanctions. This statute is designed to shield organizations from the extraterritorial application of laws deemed contrary to international law, thereby mitigating the impact of U.S. actions.
The issue of non-compliance by member states, highlighted by recent events, serves as another significant obstacle. The refusal of countries such as Hungary to arrest ICC-wanted individuals, exemplified by the decision not to detain Israeli Prime Minister Benjamin Netanyahu during his visit to Budapest, further underscores the court’s struggles. Hungary’s subsequent withdrawal from the ICC, alongside announcements of withdrawal by Burkina Faso, Niger, and Mali, raises concerns over states’ commitment to international justice.
Furthermore, the ICC has been targeted by cyber attacks, with a notable breach occurring in June 2025, coupled with retaliatory arrest warrants issued by Russia against court officials. These actions reflect broader assaults on the global rule of law, aiming to weaken institutions dedicated to holding perpetrators of severe international crimes accountable.
Despite these challenges, the ICC continues to achieve notable judicial outcomes. In March 2025, the Philippines arrested and surrendered former President Rodrigo Duterte to face charges related to the nation’s controversial “war on drugs.” The court also secured significant convictions against leaders of the Anti-Balaka movement in the Central African Republic and a former “Janjaweed” militia leader in Darfur, Sudan.
For the upcoming ASP, the central issue remains the non-compliance of ICC States Parties, emphasizing the need for concerted action. The court is still seen as the court of last resort for countless victims who seek justice. As highlighted by Liz Evenson from HRW, actions undermining the ICC reflect broader challenges against the rule of law globally, necessitating a united effort by member states to uphold the court’s mission. Further details on these calls to action can be found in analyses from JURIST and other international legal forums.