The International Criminal Court (ICC) is facing unprecedented challenges as governments including the United States and Russia take actions that undermine its mandate as the court of last resort for prosecuting the gravest crimes. Human Rights Watch emphasizes that ICC member countries must remain steadfast in defending the court to ensure impartial justice continues to be a cornerstone of the international rules-based order. The Assembly of States Parties, meeting in The Hague from December 1 to 6, 2025, provides a critical opportunity for members to reaffirm their support, protect human rights defenders, and enforce judicial findings against non-cooperative states.
Throughout 2025, the US administration imposed sanctions targeting ICC officials, a UN expert, and Palestinian civil society organizations, in an effort to shield certain officials from potential prosecutions. Meanwhile, Russian-issued arrest warrants against ICC officials remain unresolved, and the court has faced cyberattacks intended for espionage. Human Rights Watch stresses that these attacks threaten the global rule of law and the ability of the ICC to hold perpetrators of serious crimes accountable.
Despite these challenges, the ICC has achieved significant milestones. The Philippines surrendered former President Rodrigo Duterte to face charges related to crimes against humanity in its “war on drugs,” and a former Janjaweed militia leader was convicted for crimes in Darfur, Sudan. These successes highlight the court’s continued relevance and its role in delivering justice for victims of mass atrocities.
US sanctions have had severe repercussions, including restricting access to funding, banking services, and social media for ICC officials and supporting organizations. Such measures risk undermining the global fight against impunity, as financial institutions often comply with sanctions preemptively, hampering the court’s operational capacity worldwide. Human Rights Watch calls on member countries to counter these coercive measures and use available tools, such as the EU’s blocking statute, to mitigate their impact.
The Assembly session will also address non-cooperation by member states, including recent failures by Italy, Hungary, and Tajikistan to arrest individuals wanted by the court. This year marks the first plenary session in 24 years dedicated to non-cooperation, providing a vital opportunity to enforce judicial findings and prepare for future challenges. Member states are urged to act decisively to uphold accountability and support the court’s mandate.
In addition, the ICC’s 2026 budget will be set during the Assembly. Human Rights Watch recommends that member countries ensure sufficient funding to maintain the court’s resilience against ongoing pressures, including US sanctions, while enabling it to continue fulfilling its global mandate. Liz Evenson, Human Rights Watch’s international justice director, emphasized that despite imperfections, the ICC remains the court of last resort for thousands of victims, and member countries must stand united to protect justice and the rule of law.
