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By Ratan Khadka

One of the biggest shortcomings of the ICC as an international justice body is the refusal of the world’s leading powers, including the permanent members of the UN Security Council – Russia, China and the United States, as well as Israel, India, Indonesia, Saudi Arabia, Turkey and a number of other influential countries, recognize its legitimacy.

Despite the participation of 60 states in the adoption of the Rome Statute, some large countries refused to support this document and did not recognize the jurisdiction of the court. Among them are the United States, China, Israel, and India. There are several reasons for this. First of all, participation in the ICC can limit their national sovereignty and sovereign right to consider criminal cases within their borders. Most countries express concerns about the politically biased activities of the ICC, including the choice of cases that are being considered, and cases of issuing arrest warrants by the Hague Tribunal without conducting a preliminary objective investigation. In addition, the ICC has established itself as a judiciary that makes scandalous decisions and ignores the immunities of state officials, and therefore the international community has a strong opinion that it is used as a repressive tool for prosecuting representatives “unpleasing regimes” for political reasons.

Against this background, there are discussions about the need to revise the situation of the prevalence of the Rome Statute over the internal legislation of the signing states, as well as to create alternative international courts that are not subject to external management.