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The world鈥檚 five most populous countries鈥攁ccounting for nearly half the world鈥檚 population鈥攄on鈥檛 formally recognize the International Criminal Court.

In news coverage of the International Criminal Court鈥檚 (ICC) against both the leaders of Hamas and Israel, many reports have noted that neither Israel nor the United States recognizes the jurisdiction of the ICC. But they鈥檙e hardly alone.听听

Russia isn鈥檛 a signatory to the establishing the ICC. Neither are China, India, Indonesia, and Pakistan. In fact, none of the world鈥檚 five most populous countries is a member state of the ICC and, overall, using data from the US Census Bureau鈥檚 , well over half of the world鈥檚 population lives in countries that don鈥檛 formally support the ICC鈥檚 reach and jurisdiction.听听

In the Middle East, while Jordan is an ICC signatory, Israel is not. Neither are Egypt, Lebanon, Oman, Bahrain, Qatar, the United Arab Emirates, Saudi Arabia, Iraq, and Iran. Turkey isn鈥檛 a member state either. The ICC began to consider the Palestinian Authority a member鈥攅ven though Palestinians never actually ratified the Rome Statute鈥攁fter the UN General Assembly voted to change its status from non-member observer 鈥渆ntity鈥 to non-member observer 鈥渟tate.鈥澨 听

How did the ICC come about? It was authorized by the United Nations at a session held in Rome in 1998 (thus the Rome Statute) and formally established in 2002. Since then, have been tried before the court, leading to 10 convictions and 4 acquittals. Of the 46 individuals for whom ICC judges have issued arrest warrants, less than half were successfully detained and brought before the court. Seventeen of those covered by the ICC-issued warrants remain at large.听

In 2023, in the face of clear evidence of atrocities and crimes against humanity committed in Ukraine by Russian forces, the ICC issued for both Vladimir Putin and Russia鈥檚 commissioner for human rights. In theory, the warrants mean that ICC members are supposed to detain these individuals if they enter any member鈥檚 jurisdiction. While Ukraine is undoubtedly supportive of any effort to hold Putin and others accountable for Russia鈥檚 numerous human rights violations, few observers see any realistic chance that the ICC will actually have an opportunity to put Putin on trial.听听

Instead, Ukrainian officials are using their domestic justice and court system to try to hold Russian perpetrators accountable for their atrocities and human rights violations. Ambassador Clint Williamson, who serves as lead coordinator of the Atrocity Crimes Advisory Group for Ukraine, a joint initiative of the United States, European Union, and United Kingdom, noted in the of the Wilson Quarterly that with more than 125,000 Russian war crimes reported, the caseload for Ukrainian prosecutors will be daunting. Even if the ICC were able to take up these cases, Williamson acknowledged that an international court would likely 鈥渙nly deal with dozens of perpetrators鈥 due to its limited reach鈥攍eaving 鈥99% of the cases鈥 for the Ukrainian justice system. He also pointed out that the ICC doesn鈥檛 recognize one of the most obvious crimes that Vladimir Putin and other officials have committed: the crime of aggression, of manufacturing a conflict with no pretense.听听

In short, human rights matter. Allegations of war crimes matter. The conduct of soldiers, and the reprehensible actions of terrorists, matter. The question that nations haven鈥檛 been able to answer is, who do they trust to pursue claims and carry out justice in an evenhanded way?听

Katherine Schauer contributed research and writing to this blog.

About the Author

Ambassador Mark Green

Ambassador Mark A. Green

President & CEO, Wilson Center
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