JEAIL > Volume 18(1); 2025 > Articles
Research Paper
Published online: May 30, 2025
DOI: http://dx.doi.org/10.14330/jeail.2025.18.1.04

The ICC’s Role in Enforcing International Humanitarian Law under Political Challenges: A Special Reference to President Trump’s Executive Order 14203

Nehaluddin Ahmad & Hambali Jaili & Faizah Rahim & Norsabreena Razali
University Islam Sultan Sharif Ali (UNISSA)
Sultan Haji Hassanal Bolkiah Faculty of Law, Simpang 347, Jalan Pasar Gadong, Brunei Darussalam.
Correspondence to: ahmadnehal@yahoo.com

ⓒ Copyright YIJUN Institute of International Law
This is an Open Access article distributed under the terms of the Creative Commons Attribution Non-Commercial License (http://creativecommons.org/liceInha University Law School, 100 Inharo, Michuhol-gu, Incheon 22212 Korea. / nses/by-nc/3.0/) which permits unrestricted non-commercial use, distribution, and reproduction in any medium, provided the original work is properly cited.

Abstract
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 the US, China, and Russia. The US sanctions against the ICC especially with President Trump’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.

Keywords : International Criminal Court, War Crimes, International Humanitarian Law, Global Accountability, Rome Statute, Political Resistance, Executive Order 14203

View the Full Text