Over the past fifty years we have witnessed the steady rise of transnational organisations. Many were established with worthy and limited purposes—to encourage cooperation between nations, promote human rights, coordinate responses to disease outbreaks or prosecute the most heinous international crimes.
Few people objected.
After all, who could oppose human rights, international cooperation or justice for genocide and war crimes?
Yet somewhere along the way these organisations began to evolve. They are no longer merely forums where sovereign nations cooperate. Increasingly, they behave as if they are supranational governments—unelected bodies that believe they possess the moral and legal authority to sit in judgement of sovereign states.
The United Nations and its ever-expanding alphabet soup of agencies have become notorious for this. The Human Rights Council regularly condemns democratic nations while often giving authoritarian regimes a free pass. The World Health Organisation, originally created to coordinate international health efforts, sought unprecedented powers during the COVID era that would have significantly expanded its influence over domestic health policy.
But perhaps the most troubling example is the International Criminal Court.
The ICC was established under the Rome Statute in 2002 to prosecute individuals responsible for genocide, war crimes and crimes against humanity when national courts are unwilling or unable to do so. Its jurisdiction was intended to be limited and carefully defined.
Many democratic nations chose not to join. The United States, Israel, China, India and others decided that surrendering aspects of their judicial sovereignty to an international body was not in their national interests.
That should have been the end of the matter.
If a country chooses not to join an international organisation, surely that organisation has no authority over it. That is how treaties and sovereignty have traditionally worked.
Yet the ICC has increasingly behaved as though its jurisdiction extends wherever it believes moral authority exists. Its actions regarding Israel have become the most obvious example of this trend. Israel is not a member of the ICC and possesses an internationally respected and independent judicial system capable of investigating alleged misconduct by its own citizens and military personnel.
Supporters of the ICC argue that it may exercise jurisdiction where alleged crimes occur within territories that have accepted ICC jurisdiction. Critics argue that this interpretation effectively allows the Court to extend its reach to nationals of countries that never consented to its authority, thereby undermining the very principles upon which the Rome Statute was established.
Whichever side one takes on the legal arguments, the practical effect is unmistakable. Unelected international officials now claim the power to investigate, issue arrest warrants and make legal findings against leaders and citizens of sovereign nations that never agreed to be bound by them.
And it doesn't stop with member states.
Today, any nation can find itself condemned by international bureaucracies and so-called international legal mechanisms. These organisations issue reports, findings and recommendations which are then amplified by activist groups, sympathetic governments and much of the international media as though they are binding legal judgements.
The result is a gradual but profound shift in the balance of power.
Sovereign nations are increasingly expected to justify their domestic laws, military actions, health policies and social policies before international committees that are accountable to no electorate whatsoever.
Who elected the officials of the Human Rights Council?
Who elected the bureaucrats of the WHO?
Who elected the judges of the ICC?
There is another problem that receives far too little attention. International organisations are almost impossible to remove once they acquire power. National governments can be voted out of office. Politicians can be dismissed by the electorate.
International bureaucracies enjoy no such democratic accountability.
They expand their mandates incrementally, redefine their missions and acquire ever greater influence without a single vote being cast by the people affected by their decisions.
This is why sovereignty matters.
Sovereignty is not some outdated nineteenth-century concept. It is the mechanism by which citizens govern themselves through democratic institutions. When power is transferred from elected governments to transnational organisations, democratic accountability is diminished.
International cooperation is both desirable and necessary. Nations should cooperate on trade, disease control, environmental issues and criminal justice. But cooperation is not the same thing as subordination.
International organisations should serve sovereign nations—not govern them.
Perhaps no recent statement captures the growing concern better than that of US Secretary of State Marco Rubio, who recently condemned the ICC and pledged that the United States would use every available means to oppose what he described as the Court's encroachment on national sovereignty. Rubio argued that no unelected international tribunal should possess the authority to prosecute citizens of countries that have never consented to its jurisdiction and vowed to work towards disabling the Court's ability to operate in its current form. Recent reports indicate that the Trump administration has begun a concerted diplomatic campaign against the ICC and has imposed sanctions on ICC officials involved in investigations targeting the United States and its allies. (Reuters)
Whether one agrees with Rubio or not, he has raised an important question that every democracy should be asking:
Who governs the governors?
If the answer is "no one", then we should all be concerned.
Here is Marco Rubio's recent speech on the ICC





