The International Criminal Court (ICC) has faced criticism for its track record since its founding, with less than 10 successful prosecutions despite spending over $2 billion. As of July 2022, the ICC had 31 cases resulting in 10 convictions and four acquittals. The court has also issued 37 arrest warrants, with 21 people detained and 12 still at large. The ICC’s total annual budget for 2023 was around $183,500,000, with contributions from member states based on the size of their economies.
Despite having a significant budget, the ICC heavily relies on the cooperation of its member states to function effectively. Outgoing Registrar Peter Lewis noted in 2023 that the court faced an unprecedented workload and that state parties’ cooperation was crucial. Sanctions against the ICC could be a crippling measure, as demonstrated by former President Trump’s authorization of an asset freeze and family entry ban against ICC officials when the court opened investigations into alleged U.S. war crimes in Afghanistan.
Some experts, such as Anne Bayefsky, have criticized the Biden administration for increasing cooperation with the ICC. Bayefsky and others have urged the administration to invoke the American Servicemembers Protection Act and sanction the ICC in response to any arrest warrants against Israeli officials. The U.S. has historically disagreed with the ICC’s actions, including investigations into Afghanistan and Palestinian situations, and has not recognized the court’s jurisdiction.
The ICC operates based on the Rome Statute, which outlines four core international crimes it prosecutes: genocide, crimes against humanity, war crimes, and crimes of aggression. President Clinton signed the statute in 2000 but demanded changes before ratification, and the Bush administration later withdrew the U.S. signature and adopted the American Servicemembers Protection Act. This act prevents the U.S. from supporting the ICC in various ways, including responding to requests for cooperation, providing support, assisting with extradition, and using appropriated funds to aid the court.
The ICC, which commenced operations in 2002, relies on signatories of the Rome Statute for its authority and is limited to prosecuting crimes that occurred after the statute came into force. While the court’s budget continues to increase each year, it must build its funding from contributions alone, with member states like Japan, Germany, and France being significant contributors. The ICC faces challenges in its operations, particularly when dealing with non-cooperating states like the U.S.
Critics of the ICC have raised concerns about the court’s effectiveness, given its limited success in prosecutions and high expenditure. Sanctions against the court could disrupt its operations, making it difficult to carry out investigations and bring perpetrators to justice. The Biden administration’s increased cooperation with the ICC has been met with criticism, with calls for invoking the American Servicemembers Protection Act and sanctioning the court in response to potential arrest warrants for Israeli officials. Despite facing challenges, the ICC remains an important international institution tasked with prosecuting serious crimes of international concern.
