What is the International Criminal Court, and Why It’s Time to Move On

The ICC is lawfare or lady justice without the blindfold.

This week, the International Criminal Court (ICC) made headlines by issuing arrest warrants against Israeli officials. The move sparked outrage and reignited debates about this global judicial body’s legitimacy, purpose, and effectiveness. For those unfamiliar with the ICC, let’s break it down and explore why its model is deeply flawed and why we should consider alternative approaches to addressing international crimes.

The ICC is a permanent international court established to prosecute individuals for genocide, crimes against humanity, war crimes, and aggression. It was created by the Rome Statute, a treaty adopted in 1998 and entered into force in 2002. Headquartered in The Hague, Netherlands, the ICC is meant to complement national legal systems, stepping in only when countries are unwilling or unable to prosecute crimes themselves.

Sounds noble, right? In theory, it is. And it could work under different circumstances and in a different time and space continuum. We would need a fundamental mind-shift in human nature that most of us will not see in our lifetimes. However, in practice, the ICC has been plagued by political bias, inefficiency, and overreach, raising serious questions about its legitimacy and fairness. For fellow Americans, consider the ICC the international version of lawfare. Lawyers should refrain from engaging in lawfare. The ICC is lawfare or lady justice without the blindfold.