04/09/2026
Justice without enforcement: Can the ICC remain legitimate when States refuse to cooperate?
The International Criminal Court was created to help ensure accountability for genocide, war crimes, crimes against humanity and aggression.
But the Court has no independent police force. It relies on States to execute arrest warrants and cooperate with its investigations and proceedings.
Our latest AmityPoint Institute report authored by Franscesca Bottan, “Justice Without Enforcement: The ICC’s Legitimacy Challenge,” examines what happens when that cooperation breaks down.
The report looks at recent non-compliance involving Hungary, Italy and Tajikistan. It explores a difficult question:
Can international criminal justice maintain public and political legitimacy when legal rulings do not translate into enforcement?
It also considers what States Parties can do to strengthen compliance, protect the Court from external pressure and close the gap between legal authority and practical enforcement.
Read the full report: https://amitypointinstitute.org/2026/09/03/justice-without-enforcement-the-iccs-legitimacy-challenge/
We welcome your thoughts:
What should happen when a State is found non-compliant with an ICC obligation?