Europe’s Rule of Law Can
No Longer Expect to Live
Under the American Umbrella

In an extract from his discussion at the 2025 Borris Festival of Writing and Ideas, Philippe Sands explains the struggle underway over the future of the international justice system

What is becoming clear in many European countries is a growing recognition that the US military umbrella is no longer guaranteed, and that other forms of economic support are unlikely to continue. That support has gone under the current US administration led by Donald Trump. What will happen in the longer-term remains uncertain.

Let’s consider the actions taken at the international level by presidents and prime ministers – and to the question of accountability. Let’s consider Russia and Ukraine, Israel and Palestine, the conflict in Gaza, and Sudan.

Aside from domestic legal systems, there now exist certain international courts. These are relatively new and fragile institutions. One of them is the International Criminal Court (ICC), the founding statute of which I contributed to negotiating in 1998. It came into operation in 2002. The fundamental principle of the ICC is that, to exercise jurisdiction, a crime must have been committed either on the territory of a state party or by a national of a state party. There are currently 125 state parties.