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.
Authors
- Revnika Faizah (ORCID: https://orcid.org/0009-0003-2201-338X)
- Nehaluddin Ahmad (ORCID: https://orcid.org/0000-0003-1193-2092)
- Jaili Hambali
- Razali Norsabreena
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