The International Criminal Court under Challenge : On the Measures by Third States and Other International Organizations

In recent years, the legitimacy of the International Criminal Court (ICC) has come under challenge, partly due to its involvement in a number of situations that have sparked opposition from States, both Parties and non-Parties to the Rome Statute. On the one hand, discontent with the perceived selectivity and politicization of the Court, namely related to the targeting of heads of African States, has led to a continental mobilization against the ICC, which was upheld by the African Union (AU) and culminated in the adoption of a 'Withdrawal Strategy'. On the other hand, following the 2020 Appeals Chamber's authorization to proceed in the context of the Afghan situation, which entailed the potential investigation of US citizens for alleged international crimes, the US administration adopted economic sanctions and visa restrictions against two ICC officials. The contribution will assess and discuss the legal grounds invoked to justify these measures under international law.