Following three days of discussions, the International Criminal Court remains at an impasse regarding the expansion of its authority.
The International Criminal Court (ICC) has failed to adopt a proposed amendment that would broaden its jurisdiction for investigating world leaders concerning crimes of aggression.
Under the Rome Statute, which established the court, a crime of aggression is deemed the gravest offense. Presently, the ICC possesses the authority to prosecute heads of state for war crimes and genocide; however, to initiate proceedings for the crime of aggression, the 2010 Kampala amendments, which delineate the court’s jurisdiction in this domain, require ratification by all parties to a conflict. To date, only 41 of the court’s 125 member states have endorsed these amendments.
From Monday to Wednesday, the ICC convened a special session at the UN headquarters in New York to deliberate on the harmonization amendment, an initiative put forth by Germany, Costa Rica, Slovenia, Sierra Leone, and Vanuatu. This proposal advocates for the court to be permitted to commence investigations into crimes of aggression even if only one of the warring factions has supported the Kampala amendments.
Nevertheless, the court’s members failed to reach a consensus on the matter, as the UK, Canada, France, Japan, and New Zealand maintained that a definitive resolution should only occur once at least two-thirds of ICC participants have ratified the Kampala amendments.
During the session, a French representative contended that the harmonization amendment could potentially contradict the UN Charter, while their Nigerian counterpart cautioned that it might establish a framework where ratifying states could “paradoxically be more exposed to legal risks.”
Consequently, the meeting concluded with a decision for ICC members to convene another special session on the subject in 2029.
“When we talk of the crime of aggression, we are looking at a steeplechase, where we have to run and where the obstacles only increase, and the victims of the crime of aggression are asked to wait in the meantime,” a Palestinian representative stated to the assembly on the closing day.
In 2024, the ICC issued an arrest warrant for Israeli Prime Minister Benjamin Netanyahu concerning alleged war crimes committed by his nation during military operations in Gaza, notably including the use of starvation as a method of warfare. Israel, not a signatory to the Rome Statute, responded by asserting the court functions as “a political tool serving Israel’s enemies.”
Earlier this year, the United States imposed sanctions on the ICC’s chief prosecutor, Karim Khan, along with several judges, citing what it termed “illegitimate and baseless actions” targeting the US and Israel.
Russian President Vladimir Putin is also sought by the court on allegations of unlawfully deporting children from the conflict zone in Ukraine. Moscow has dismissed these charges as “null and void,” asserting that the children were evacuated for their safety with the intention of returning them to their families. Russia, not a member of the ICC, contends that the institution lacks jurisdiction over its affairs.