Erna Paris is the author of The Sun Climbs Slow: The International Criminal Court and the Struggle for Justice. Please visit her website at www.ernaparis.com - erna.paris@ernaparis.com

Back in 1990, the year before the Soviet Union imploded ushering in a new international order featuring a single superpower, the idea that one might soon (in historical terms) celebrate something called International Justice Day would have been laughable. Great powers set the rules. And they usually embraced impunity, at least for themselves.

The 1990s were a striking anomaly, for just as the United States was positioning itself as the world’s sole superstar, international criminal justice made a comeback for the first time since the Nuremberg trials
Without the unique grass-roots advocacy of the Coalition for the ICC and its members around the world, it is unlikely that even the most committed diplomats could have midwived the birth of a permanent, independent tribunal seeking universal jurisdiction in a world of sovereign states.

But the ICC is a judicial body operating in a political environment, meaning that it will be tested and resisted even by its supporters, to say nothing of its enemies. The high-stakes arrest warrant for Sudanese president Omar Al-Bashir is a major test of the Court’s ability to rise above accusations against its integrity. What needs to be remembered is that the victims of atrocities want recognition of their suffering and justice, even if their political leaders claim other priorities. I have interviewed perpetrators of major crimes, as well as their victims, all over the globe. The desire for justice is a universal one.

But can the Court survive? Its inability to effect its own arrests is a potential trip wire; it cannot move forward without greater assistance. Increased participation from the United States would be especially helpful.
Not long ago the American Society of International Law released its study of the ICC’s first years. The authors concluded that the concerns of the Bush administration were purely hypothetical and had proved to be unfounded. They encouraged the Obama administration to follow up on its statements of support and to bring the United States to the table in 2010 when the Rome Statute is up for review.

The reinstatement of a U.S. signature on the Rome Statute - even without immediate ratification - might be politically viable since U.S. polls continue to demonstrate strong public support for the ICC. Mr. Obama’s signature would emphasize the importance of a rules-based international system. It would also allow the United States to participate more fully in an institution that is here to stay.
The International Criminal Court is entering a new phase of its existence. It is off to a good start - but its abililty to manage the myriad challenges it faces will prove critical to its future.