Member countries of the International Criminal Court (ICC) should intensify efforts to protect the court and human rights groups campaigning for justice from attack, Human Rights Watch said in a new report. The 20-page report makes detailed recommendations for the annual session of the ICC's Assembly of States Parties, which will meet in The Hague, Netherlands, from December 1 to 6, 2025.
Throughout 2025, the US administration of President Donald Trump has imposed sanctions against court officials, a United Nations expert, and Palestinian civil society organizations in an attack on justice and the international rule of law. Russian arrest warrants issued in 2023 and 2024 against ICC officials remain pending. In June, the court faced a second serious cyber-attack with the purpose of espionage.
"Government efforts to undermine the ICC reflect broader attacks on the global rule of law, aiming to disable institutions that seek to hold those responsible for the worst crimes to account," said Liz Evenson, international justice director at Human Rights Watch. "ICC member countries need to stay firm in their defense of the court so that impartial justice remains a critical part of the rules-based international order."
The Assembly session takes place amid important ICC achievements over the past year. In March, the Philippines surrendered former President Rodrigo Duterte to the court to face charges of crimes against humanity related to the country's notorious "war on drugs," which killed tens of thousands of people. In October, ICC judges handed down a landmark conviction of a former "Janjaweed" militia leader for crimes against humanity and war crimes in Darfur, Sudan.
On February 6, President Trump issued an executive order authorizing asset freezes and entry bans on ICC officials and others supporting the court's work. The order clearly seeks to shield US and Israeli officials from facing charges before the ICC. In November 2024, ICC judges had issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and his former Defense Minister Yoav Gallant for alleged war crimes and crimes against humanity in Gaza.
The US government has used the executive order to impose sanctions on the ICC prosecutor and two deputy prosecutors, six of the court's judges, the United Nations special rapporteur on the situation of human rights in the Palestinian Territory occupied since 1967, and three leading Palestinian human rights organizations: Al-Haq, Al Mezan Center for Human Rights, and the Palestinian Centre for Human Rights.
Government sanctions should only be used to target those who are committing serious crimes, not those who document and deliver justice for such crimes, Human Rights Watch said.
If unchecked, US sanctions could severely set back the global fight against impunity. Individuals and organizations targeted by the US sanctions have lost funding alongside access to bank accounts and other financial services, and face social media restrictions. Financial institutions often comply with US sanctions to minimize their risk and may preemptively refuse transactions with the ICC, jeopardizing the court's work across the globe.
ICC member countries should seize opportunities during the Assembly session to showcase their strong support for the court and human rights defenders, Human Rights Watch said. ICC states parties have issued individual and joint statements condemning the US sanctions, and they can build on these at the session to demonstrate that they will not be deterred in their support.
They should also pledge to take further concrete action to limit or, where possible, nullify the effects of sanctions and other coercive measures against the court, its officials, and those cooperating with it, including within civil society. The European Union has yet to act to use its blocking statute, which could provide a measure of protection from the unlawful effect of US sanctions. At the session, EU member states should call on the regional bloc to activate the statute.
Other issues on the Assembly's agenda include addressing recent failures by ICC member countries-Italy, Hungary, and Tajikistan-to cooperate in the arrest of individuals wanted by the court who were on their territory. Without arrests, the court cannot provide justice, and it relies on governments to carry out arrests.
This is the first time in 24 years that the Assembly will hold a dedicated plenary session on the issue of non-cooperation. It will consider a finding from the court's judges that Hungary violated its legal obligations when it failed to arrest Israeli Prime Minister Netanyahu on his visit to Budapest in April. Member countries should not miss this opportunity to carry out their responsibility to enforce the judges' finding and prepare the ground to respond to future ones before the Assembly, Human Rights Watch said.
ICC member countries will also set the ICC's budget for 2026. The court made a fiscally conservative request, focusing primarily on the institution's resilience in the face of ongoing challenges, including the US sanctions. Member countries should ensure that the court has sufficient resources in its regular budget for next year to build the necessary resilience, while also continuing to robustly carry out its global mandate, Human Rights Watch said.
"The ICC has flaws but it remains the court of last resort for thousands of victims and their families who have nowhere else to turn," Evenson said. "By standing together at their annual session, ICC countries can send the message loud and clear that they remain undeterred and unrelenting in the fight for justice."
