ICC, the “headless” court – JusticeInfo.net

Report on the Status of the International Criminal Court and its Alignment with Sustainable Development Goals

Introduction: The ICC’s Mandate and SDG 16

The International Criminal Court (ICC) is a cornerstone of the global effort to achieve Sustainable Development Goal 16 (SDG 16), which aims to promote peace, justice, and strong institutions. Through its mandate to prosecute international crimes, the Court directly contributes to SDG 16.3: promoting the rule of law and ensuring equal access to justice for all. This report assesses the ICC’s recent progress and challenges, particularly concerning the situations in Libya and Sudan, and evaluates the internal and external pressures impacting its ability to function as an effective, accountable, and inclusive institution as envisioned by SDG 16.6.

Progress and Setbacks in Delivering International Justice (SDG 16.3)

Case Study: The Situation in Libya

Recent developments in the ICC’s investigation in Libya, which has been ongoing for 15 years without a single case reaching the court, indicate a potential advancement for international accountability. Deputy Prosecutor Nazhat Shameen Khan reported a “new momentum towards justice,” citing several key factors:

• The anticipated transfer of a Libyan suspect arrested in Germany to the Court.
• The formal acceptance by authorities in Tripoli of the Court’s temporary jurisdiction, described as a “significant moment.”
• The implementation of new strategies to address the migrant crisis in the region.

Geopolitical Obstacles and Eroding Partnerships (SDG 17)

The ICC’s mission is severely hampered by a lack of unified international support, undermining the global partnerships required by SDG 17 to achieve sustainable development. The reaction from UN Security Council members to the Libya report illustrates this divide:

• Hostility: The United States maintains its opposition, having sanctioned nine ICC individuals, including judges and the Deputy Prosecutor.
• Contempt: Russia has dismissed the Court, citing four withdrawals from the Rome Statute this year as evidence of declining international support.
• Support: Nations such as Slovenia and Sierra Leone lauded the Court’s engagement with Libyan civil society and its symbolic importance for global accountability.

This erosion of consensus is further evidenced by a decline in international backing. At the UN General Assembly, votes in favor of the annual ICC resolution dropped by 19 from the previous year, with former supporters like Hungary, Cambodia, and Fiji abstaining. Furthermore, Hungary and three African nations have announced their withdrawal from the Court’s membership.

Challenges to Institutional Integrity and Effectiveness (SDG 16.6)

Leadership Crisis and Internal Governance

The ICC is facing an existential crisis that threatens its status as an effective and accountable institution (SDG 16.6). A central issue is the ongoing investigation into alleged sexual misconduct by Prosecutor Karim Khan, which has created a leadership vacuum. This internal turmoil is compounded by other factors compromising the Prosecutor’s position:

1. He has been disqualified from the case against former Philippine President Rodrigo Duterte due to prior professional involvement.
2. He has been ordered to recuse himself from the Venezuela investigation because of a family connection to the government’s legal team.

Critics, including legal experts Nema Milaninia and Michael Karnavas, argue that these issues have caused irreparable harm to the Prosecutor’s reputation and the Court’s credibility, regardless of the investigation’s outcome.

Systemic Failures in Institutional Culture

Internal morale and trust have collapsed, pointing to deep systemic challenges that contravene the principles of SDG 16. The 2025 Staff Engagement Survey revealed critical issues:

• Fewer than 50% of staff would recommend the ICC as a place to work.
• Less than 33% believe the ICC fosters an open and honest culture.
• Within the Office of the Prosecutor, less than 25% of staff feel safe reporting discrimination, harassment, or abuse of authority without fear of retaliation.

These findings indicate a failure to build the transparent and accountable institutional framework essential for achieving SDG 16.

Impact of External Sanctions on Justice Mechanisms

The Ripple Effect of U.S. Sanctions

U.S. sanctions targeting ICC personnel have created a chilling effect that extends beyond the designated individuals, severely disrupting the Court’s operations and its partnerships with civil society. The ambiguity of what constitutes “materially supporting” the ICC has led to widespread over-compliance and fear.

• Operational Disruption: The Court faces fundamental challenges, including securing banking and payment services, prompting questions on “how to keep the lights on.”
• Economic Pressure: Banks, insurance providers, and IT companies are hesitant to engage with the ICC for fear of facing secondary sanctions from the United States.
• Personal Risk: Individuals with connections to the U.S. face the threat of severe fines and imprisonment, which has been described as “no laughing matter.”
• Impact on Civil Society: NGOs supporting the Court have experienced layoffs and operational disruptions, forcing them to implement extensive precautions that hinder their work in documenting atrocities and supporting international justice.

Conclusion: The Future of the ICC and Commitment to Global Goals

The International Criminal Court is at a critical juncture, facing a dual crisis of internal institutional decay and severe external political pressure. These challenges directly threaten its capacity to fulfill its mandate and contribute to the realization of SDG 16: Peace, Justice and Strong Institutions. The Court’s ability to overcome these obstacles will depend on its commitment to internal reform to restore trust and accountability, and on the willingness of the international community to reaffirm its partnership (SDG 17) in support of the rule of law and global justice.

Analysis of Sustainable Development Goals in the Article

1. Which SDGs are addressed or connected to the issues highlighted in the article?

• SDG 16: Peace, Justice and Strong Institutions: This is the most central SDG in the article. The text revolves around the International Criminal Court (ICC), an institution created to deliver international justice and uphold the rule of law. The article discusses the ICC’s mandate to investigate crimes in Libya and Sudan, its internal governance challenges (leadership crisis, low staff morale), and external pressures (political hostility, sanctions, lack of state cooperation). These issues directly concern the effectiveness, accountability, and inclusivity of a key global justice institution.
• SDG 5: Gender Equality: This goal is relevant due to the article’s focus on issues of sexual violence and workplace harassment. It mentions “sexual violence” as a crime the ICC addresses. More significantly, it details an internal crisis involving an investigation into the prosecutor for “alleged sexual misconduct” and a staff survey revealing that very few staff feel safe reporting “harassment, or abuse of authority, without fear of retaliation.” This highlights challenges to ensuring a safe and non-discriminatory environment within the institution, which is a core aspect of gender equality.
• SDG 17: Partnerships for the Goals: The article extensively details the complex web of partnerships and political relationships that the ICC depends on. It illustrates the fragility of global cooperation for justice, contrasting the “enthusiastic welcome” from states like Slovenia and Sierra Leone with the “outright hostility” and sanctions from the United States and the withdrawal of four member states. The article also emphasizes the role of civil society partnerships, noting the work of NGOs and their struggles to support the court amidst sanctions, which speaks to the importance of multi-stakeholder collaboration.

2. What specific targets under those SDGs can be identified based on the article’s content?

1. Target 16.3: Promote the rule of law at the national and international levels and ensure equal access to justice for all. The article’s entire premise is about the ICC’s effort to promote the rule of law internationally by investigating atrocities in Libya and Sudan. The “new momentum towards justice in Libya” with the expected transfer of a suspect is a direct effort to achieve this target. Conversely, the non-cooperation from states like Italy and the withdrawal of member states are significant setbacks to this target.
2. Target 16.6: Develop effective, accountable and transparent institutions at all levels. The article highlights severe challenges to this target within the ICC itself. The leadership crisis, described as the court being “headless” and “leaderless,” and the damning results of the 2025 Staff Engagement Survey—which point to a lack of an “open and honest culture” and deep “systemic challenges in trust and leadership”—are direct evidence of struggles in maintaining an effective and accountable institution.
3. Target 5.2: Eliminate all forms of violence against all women and girls in the public and private spheres. This target is relevant in two ways. First, the article notes that “sexual violence” is a key crime that the ICC prosecutes, which is a direct contribution to this target. Second, the internal investigation into the prosecutor for “alleged sexual misconduct” and the staff survey results showing a fear of reporting “harassment” indicate a failure to protect individuals from such behavior within the institution itself.
4. Target 17.16: Enhance the global partnership for sustainable development. The article provides a clear case study of the challenges to this target. The US sanctions, Russia’s “contempt for a court,” the withdrawal of four member states, and the drop in “yes” votes for the ICC at the UN General Assembly all demonstrate a weakening of the global partnership for international justice.

3. Are there any indicators mentioned or implied in the article that can be used to measure progress towards the identified targets?

1. Number of cases investigated and prosecuted: The article implies this is a key performance indicator. It notes that for 15 years there have been “no cases at the court” regarding Libya, but the deputy prosecutor proudly announced “a new momentum” due to an expected suspect transfer, framing case progress as a measure of success.
2. Level of state cooperation and membership: This is a clear indicator of the court’s institutional strength and the health of the global partnership. The article provides negative indicators, such as Italy’s non-compliance, the withdrawal of “Hungary and three African states,” and a drop of 19 “yes” votes for the ICC resolution at the UN.
3. Staff survey results on institutional culture: The article provides direct quantitative data that serves as an indicator of institutional accountability and effectiveness (Target 16.6) and a safe working environment (relevant to SDG 5). Specific metrics mentioned are: “fewer than half the staff would recommend the ICC as a place to work,” “less than a third believe the ICC has an open and honest culture,” and “less than a quarter would feel safe reporting instances of discrimination, harassment, or abuse of authority.”
4. Existence and effectiveness of internal accountability mechanisms: The ongoing investigation into the prosecutor’s alleged sexual misconduct is an indicator of an accountability process. However, the article questions its effectiveness and impact, noting that his continued presence is seen as “toxic” and that his reputation has “suffered irreparable harm,” suggesting the outcome of such processes is a measure of institutional integrity.

4. Summary Table of SDGs, Targets, and Indicators

Source: justiceinfo.net