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Why has the absence of the United States, China, and Russia affected the International Criminal Court?

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Railway tracks lead to the brick entrance building and guard tower of Auschwitz Birkenau concentration camp near Oswiecim, Poland. — Genocide Freight train tracks leading to Auschwitz-Birkenau, Nazi Germany's largest concentration camp, near Oświęcim, Poland.

The absence of the United States, China, and Russia from the International Criminal Court (ICC) has significantly compromised the institution's overall effectiveness.1

Because the ICC relies on the cooperation of national justice systems to conduct investigations, arrest suspects, and transfer them to The Hague, the non-participation of these major global powers limits the court's reach and enforcement capabilities. The court’s jurisdiction is generally restricted to crimes committed by nationals of, or on the territory of, states that have ratified the Rome Statute. Consequently, when powerful nations remain outside this framework, it creates substantial jurisdictional gaps and political challenges for the prosecution of genocide, war crimes, and crimes against humanity.12

Furthermore, the United States has historically expressed concerns regarding the potential prosecution of its own military and civilian personnel, at times threatening to withdraw support for international peacekeeping efforts unless its citizens were exempted from the court's reach. This lack of universal participation undermines the ICC's standing as a truly global court of last resort.21