The International Criminal Court (ICC) is an international tribunal established to prosecute individuals for genocide, crimes against humanity, war crimes, and the crime of aggression. It was founded in 2002 and is guided by the Rome Statute, which outlines its legal structure and system.

Critics have argued that the ICC has under-represented non-Western laws, principles, rules, procedures, practices, or traditions in its legal structure and system. Some key points raised in this regard include:

Jurisdictional Bias: Critics argue that the ICC's focus has predominantly been on crimes committed in Africa, which has led to accusations of regional bias. This focus has raised concerns about the representation of non-Western legal systems and the lack of attention given to crimes committed in other parts of the world.

Cultural Sensitivity: The ICC's legal system is based on a mix of civil and common law traditions, primarily influenced by European legal systems. Critics argue that this framework may not adequately account for the diverse legal traditions and cultural sensitivities of non-Western societies. They believe that greater efforts should be made to incorporate and understand different legal systems when interpreting and applying international criminal law.

Procedural Fairness: Some critics argue that the ICC's procedures and practices may not align with the legal traditions and practices of non-Western societies. For example, the adversarial nature of the court's proceedings and the heavy reliance on written evidence may not align with oral traditions and customary practices in some cultures.

The Role of Customary International Law: Critics claim that the ICC's emphasis on treaty-based law has limited the consideration and application of customary international law, which is developed through the consistent practice of states. This focus may result in underrepresentation of non-Western legal principles and practices rooted in customary international law.

It is important to note that the ICC has made efforts to address some of these concerns. The Court has taken steps to enhance its outreach to different regions and engage with diverse legal systems. Additionally, the ICC's rules of procedure and evidence allow for the consideration of relevant rules and principles of national legal systems. The Court also provides opportunities for affected states and interested organizations to participate in its proceedings and contribute to the development of international criminal law.

However, despite these efforts, criticisms regarding the under-representation of non-Western laws, principles, rules, procedures, practices, or traditions in the ICC's legal structure and system persist. The ongoing dialogue and engagement with diverse legal systems are essential to ensure the Court's effectiveness and legitimacy on a global scale.