Why does no one recognize the International Criminal Court?
Author: Talib Aliyev, analyst, especially for "Sangar"
The leadership of Mongolia refused to comply with the decisions of the International Criminal Court (ICC) regarding the President of the Russian Federation, Vladimir Putin, who made an official visit to Ulaanbaatar in early September 2024, which became another confirmation of the ineffectiveness and lack of any authority of the ICC.
Several political experts believe that this structure does not have the authority to impose serious sanctions on countries that refuse to comply with its demands. Thus, Tamash Hoffman, an employee of the Hungarian Institute of Legal Studies, emphasized that Mongolia's maximum punishment could be its condemnation under the so-called non-compliance procedure from the Assembly of State Parties to the ICC.
At the same time, despite the loud name, the International Criminal Court has extremely limited powers and does not have any mechanisms to influence countries that recognize its legitimacy. This body, in particular, is not part of the UN system and, in fact, is "outside" international law. Following the Rome Statute, the ICC performs exclusively judicial functions; it has no rights or competencies to exert pressure on signatories. Within the framework of the organization's charter, there is an approved procedure regarding a country's refusal to cooperate. But, de facto, it does not provide for anything other than censure, and the Assembly has no other opportunities or measures of coercion.
In fact, the ICC has failed to fit into the international system of maintaining peace and security. On the contrary, this structure has repeatedly become a factor complicating the settlement of both interstate and intrastate contradictions. In practice, decisions were made that contradicted each other, and abuse of the practice of so-called special opinions of judges was also noted. The ICC violated the provisions of its own statute and generally recognized norms of international law, including attempts to exercise jurisdiction over acts committed on the territory and by citizens of states not parties to the Rome Statute.
There were precedents of refusal to cooperate with the ICC in international relations before Mongolia. In 2015, the Philippines and Burundi withdrew from the court's jurisdiction. During the same period, two completed withdrawals, two incomplete withdrawals, and one notification of intent not to be a party to the statute were received.
The issue of the ICC's loss of authority and legitimacy in the eyes of a significant part of the international community is relevant to the violations of international law, procedural omissions, and interference of extraneous political factors committed by this structure regularly.
