The ICC’s Role in Enforcing International Humanitarian Law under Political Challenges: A Special Reference to President Trump’s Executive Order 14203

This article critically assesses the role of the International Criminal Court's (ICC) in enforcing International Humanitarian Law (IHL).The ICC was designed to ensure accountability for severe IHL violations.However, its operational capacity faces significant challenges, particularly its reliance on state cooperation for enforcement and political resistance.This article explores the Court's jurisdiction, the principle of complementarity, and its investigative processes while analyzing resistance from nonsignatory states such as 76 Nehaluddin Ahmad et al. the US, China, and Russia. The US sanctions against the ICC especially with PresidentTrump's executive order of February 6, 2025, will exemplify the ongoing tension between state sovereignty and international accountability.Additionally, the article highlights issues within the Rome Statute, including ambiguities regarding state cooperation, jurisdiction, and immunity, which affect the Court's efficacy.Despite some successes in prosecuting high-profile leaders, the ICC's credibility remains a matter of debate due to its limited enforcement, inconsistent state support, and continued political resistance.

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Publication Details

Journal
Journal of East Asia and International Law
Published
2025-05-29
DOI
https://doi.org/10.14330/jeail.2025.18.1.04
Primary Topic
International Law and Human Rights
Type
article
Field-Weighted Citation Impact
0.00
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article

The ICC’s Role in Enforcing International Humanitarian Law under Political Challenges: A Special Reference to President Trump’s Executive Order 14203

Revnika Faizah, Nehaluddin Ahmad, Jaili Hambali, Razali Norsabreena
Journal of East Asia and International Law
International Law and Human Rights
article

The ICC’s Role in Enforcing International Humanitarian Law under Political Challenges: A Special Reference to President Trump’s Executive Order 14203

Revnika Faizah, Nehaluddin Ahmad, Jaili Hambali, Razali Norsabreena
article en

Abstract

This article critically assesses the role of the International Criminal Court's (ICC) in enforcing International Humanitarian Law (IHL).The ICC was designed to ensure accountability for severe IHL violations.However, its operational capacity faces significant challenges, particularly its reliance on state cooperation for enforcement and political resistance.This article explores the Court's jurisdiction, the principle of complementarity, and its investigative processes while analyzing resistance from nonsignatory states such as 76 Nehaluddin Ahmad et al. the US, China, and Russia. The US sanctions against the ICC especially with PresidentTrump's executive order of February 6, 2025, will exemplify the ongoing tension between state sovereignty and international accountability.Additionally, the article highlights issues within the Rome Statute, including ambiguities regarding state cooperation, jurisdiction, and immunity, which affect the Court's efficacy.Despite some successes in prosecuting high-profile leaders, the ICC's credibility remains a matter of debate due to its limited enforcement, inconsistent state support, and continued political resistance.

Journal of East Asia and International LawVol. 18(1)
Openalex Percentile: Top 86%
International Law and Human Rights
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The ICC’s Role in Enforcing International Humanitarian Law under Political Challenges: A Special Reference to President Trump’s Executive Order 14203 — Revnika Faizah, Nehaluddin Ahmad, et al. · Journal of East Asia and International Law (2025) | TGRS Research Map | TGRS