The International Criminal Court (ICC) faces an unprecedented moment in its history, one that could shape its legacy and impact the lives of thousands. Prosecutor Karim Khan and his team have risen to their mandate, applying for arrest warrants in the face of enormous risk and pressure.

Yet, the ICC as a whole is faltering. The delay in the judges’ decision-making is a catastrophic failure to uphold the court’s own mission. The judges’ task at this stage is straightforward: Consider the application for arrest warrants.

There is no volume of documentation or legal complexity that can justify this delay in deciding whether the prosecutor has met the evidential test for issuing arrest warrants.

I am convinced that external factors are at play, causing the judges to stall.

The failure to issue - or even deny - arrest warrants is a colossal breakdown of the ICC’s purpose. Criminal accountability institutions like the ICC exist not just to hold perpetrators to account but to deter and prevent further crimes.