It reflects the optimism of the 1990s’ newly unipolar world, one in which a rules-based international order —guaranteed by the United States—would reign supreme. That world started falling apart after 9/11 (specifically, the Bush administration’s response to it). It shattered with Xi pressing into the South China Sea and Russia annexing Crimea, though it wasn’t obvious it was lost until Putin blew into Ukraine and Trump 47.
Washington shouldn’t be sanctioning the ICC. It has no jurisdiction over America; what we’re doing is akin to water ballooning the girls’ sleepover. But the Rome Statute’s signatories should find a new method for ensuring the dream of universal human rights isn’t lost.
Continuing to bet on the ICC is continuing to bet on a dead horse. More of the world’s population, most of its economy, sits outside Statute signatory members. If we let the failed implementation get convoluted with the ideals that gave rise to it, we risk losing both for a generation.