Although many of the flaws of the ICC have been highlighted, abandoning them for now will give impunity to war criminals and open the way for impunity.
The ICC judges in April rejected the prosecutor's request for an investigation into alleged war crimes and crimes against humanity committed in Afghanistan between 2003 and 2004 by the Taliban and government forces, writer James I. Goldstone said in a report in the Foreign Policy magazine. Afghan and American soldiers and CIA officers.
Although the crimes in question were within the jurisdiction of the Court, the judges thought that "the prospects for successful investigation and prosecution were very limited".
Months after US National Security Adviser John Bolton threatened sanctions and shortly after Washington canceled Attorney General Fatou Bensouda's visa to enter the United States, the court's decision was widely condemned as an open waiver of Washington's intimidation and an invitation to other opponents alike. In Beijing or Moscow to double their resistance.
For their part, representatives of Afghan victims expressed their shock at what happened, saying that "will lead to impunity for the Taliban forces accused of massacres."
The International Criminal Court should not be abandoned, but new efforts must be made to reactivate its operations.
When the ICC was founded in 1998, then-UN Secretary-General Kofi Annan declared it a "gift of hope for future generations", but in two decades the court has issued only three convictions for war crimes and crimes against humanity.
In recent years, the Court has suffered a number of embarrassing setbacks.In 2014, the Prosecutor was forced to withdraw charges against Kenyan President Uhuru Kenyatta after the Government's procrastination denied her the necessary evidence.
Four years later, five appeals court judges rejected the conviction of former Congolese Vice-President Jean-Pierre Bemba for crimes committed by his forces in the Central African Republic.
In January, when Laurent Gbagbo, the former president of Ivory Coast, and his top aide were acquitted of all charges after being held for nearly six years, the divided trial chamber found the prosecution's evidence insufficient to hear the defense.
In most cases, a written judgment took six months to write about 1,000 pages to explain why there is no convincing evidence, which would highlight the prosecution's flaws as well as judicial inefficiency.
In most cases, innocence is evidence of justice, but it is a mistake for the court to issue further acquittals and reject charges against some, which were established to "end impunity" following "the most serious crimes" "Which are considering a few issues at a cost of more than $ 150 million a year.
The ICC proceedings are time-consuming, with little justification. Before requesting authorization for an investigation, the Prosecutor conducted a preliminary examination of alleged crimes in Afghanistan for more than a decade. Moreover, the 2014 war in Gaza, as well as the situation in the Israeli-occupied Palestinian territory, has been the subject of a four-year investigation by the International Criminal Court without a decision.
The International Criminal Court is under pressure from US President Donald Trump, Russian President Vladimir Putin, as well as a number of authoritarian populist leaders. In addition, even ICC member states provided little support.
On the one hand, Sudan's newly ousted President Omar al-Bashir has been immune for more than a decade, although he faces genocide charges in Darfur. On the other, Burundi and the Philippines have left the court in the past two years to ward off accountability for their political leaders.
The presence of the court was a catalyst for accountability, and the UN Security Council's refusal to call on the International Criminal Court to address crimes committed in Syria prompted France, Germany and other European countries to bring cases, one of which resulted in the arrest of a former senior Syrian intelligence member in Berlin in February. Al-Madi is accused of supervising mass torture inside the regime of Bashar al-Assad.