Understanding the ICC

Why the world created an International Criminal Court — and why some nations refuse to join

On 9 October 2026, the United States imposed sweeping sanctions against the International Criminal Court (ICC), an institution headquartered in The Hague, Netherlands. The measures targeted not merely individual judges or prosecutors, but the court itself, potentially restricting its access to financial institutions, commercial services, and American technology.

Announcing the decision, US Secretary of State Marco Rubio declared:

“Either the ICC will end its threats, or we will end the ICC.”

There is something peculiar about this confrontation. The United States is not a member of the ICC. It never ratified the treaty that created it. Yet Washington considers the court sufficiently consequential to warrant a campaign against its operations.

And America is hardly alone in refusing membership.

China, Russia, India, Israel, Pakistan, Indonesia, Malaysia, and Singapore are among the countries outside the ICC. Three of the five permanent members of the United Nations Security Council are non-members. Of the world’s nine nuclear-armed states, only France and the United Kingdom belong to the court.

Yet the ICC is not an insignificant international organisation. It has 125 member states, investigates some of the world’s gravest atrocities, and has issued arrest warrants against…