ICC leaders warn pressure on court could erode international legal order

Current and former leaders of the International Criminal Court's governing body have warned that efforts to isolate the court are aimed at weakening confidence in the international legal order. In a joint op-ed published on Thursday, Paivi Kaukoranta, the current president of the court's Assembly of States Parties, and seven former presidents said diplomatic pressure on the court goes beyond a dispute over one institution. They argued it raises a broader question about whether international law is applied consistently or only when political power allows it.

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The authors said attempts to encourage states to withdraw from the Rome Statute, or to persuade non-member states to support measures that weaken the court, are part of a wider campaign against multilateral institutions. They linked that pressure to the administration of US President Donald Trump, which they said has sanctioned ICC judges and officials and urged countries to distance themselves from the court. The United States is not a member of the ICC and has strongly opposed cases involving Israeli Prime Minister Benjamin Netanyahu, as well as past investigations involving US personnel.

The op-ed said the ICC was created by sovereign states as a collective decision to prosecute genocide, crimes against humanity, war crimes and the crime of aggression. It also stressed that the court is intended to act as a court of last resort, rather than replace national justice systems. The authors rejected the argument that joining international treaties and institutions means surrendering sovereignty, saying it is instead an exercise of sovereignty through agreed rules.

The warning comes at a time when the court is facing direct political pressure from Washington and broader questions about the durability of international institutions. The ICC depends on its 125 member states for cooperation, enforcement and political backing, making support from governments central to its ability to function. The intervention by current and former assembly presidents is therefore also a call for member states and other supporters of international law to defend the court's independence.

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The dispute reflects a wider tension between multilateral legal institutions and governments that see them as constraints on national power. The ICC was established to address the most serious crimes of concern to the international community, but it has long faced criticism from states that object to its reach or to specific investigations. In this case, the authors framed the issue as one of principle, warning that selective acceptance of international law would weaken the system as a whole.

What remains unclear is whether the appeal will alter the position of the United States or encourage more visible backing from ICC member states. The court has not said whether the pressure described in the op-ed will affect its work in the short term. What to watch next is whether governments respond publicly, whether sanctions pressure expands, and whether the ICC's member states move to offer stronger political and practical support.

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