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karim khan
ICC President Warns Attacks on Court Threaten 'Future of Humanity'
The judge pointed to Russian arrest warrants for court leadership and U.S. threats of "draconian economic sanctions."
Dec 02, 2024
Less than two weeks after the International Criminal Court issued arrest warrants for Israeli and Hamas leaders, the ICC president on Monday warned that the tribunal faces "existential" threats—taking aim at Russia and the United States without naming either.
Judge Tomoko Akane's comments came at the start of the 23rd session of the Assembly of States Parties to the Rome Statute of the International Criminal Court, set to run through Saturday in The Hague, the Netherlands. Established in 2002, the treaty-based ICC prosecutes individuals for genocide, war crimes, crimes against humanity, and the crime of aggression.
"We are at a turning point in history. Regretfully, this is not rhetorical," the ICC president said. "International law and international justice are under threat. So is the future of humanity. The International Criminal Court will continue to carry out its lawful mandate, independently and impartially, without giving in to any outside interference."
"The court has been subjected to attacks seeking to undermine its legitimacy and ability to administer justice and realize international law and fundamental rights; coercive measures, threats, pressure, and acts of sabotage."
Akane shared examples of what the ICC has faced while pursuing justice "as atrocities continue to plague the world," detailing how "the court has been subjected to attacks seeking to undermine its legitimacy and ability to administer justice and realize international law and fundamental rights; coercive measures, threats, pressure, and acts of sabotage."
Rather than naming Russia or the U.S., she called them out as permanent members of the United Nations Security Council.
"Several elected officials are being severely threatened and are subjected to arrest warrants from a permanent member of the U.N. Security Council, merely for having faithfully and diligently carried out their judicial mandate per the statutory framework and international law," she said, referring to Russia, which launched a full-blown invasion of Ukraine in February 2022.
As Human Rights Watch (HRW) summarized Monday: "Arrest warrants issued by Russia against the ICC prosecutor and six of the court's current and former judges in retaliation to the court's March 2023 warrant against Russian President Vladimir Putin, remain pending, and a law criminalizing cooperation with the ICC remains in force in the country. In September 2023, the court was the target of a serious cyberattack."
In addition to Putin, the ICC last year issued a warrant for Russian Commissioner for Children's Rights Maria Lvova-Belova for allegedly abducting Ukrainian children and transporting them to Russia. At the time, neither Russia nor Ukraine was a party to the Rome Statute, but as Akane noted, Ukraine has since ratified the treaty that established the court and will be a state party beginning next year.
Highlighting U.S. attacks on the ICC, Akane said that "the court is being threatened with draconian economic sanctions from institutions of another permanent member of the Security Council as if it was a terrorist organization. These measures would rapidly undermine the court's operations in all situations and cases and jeopardize its very existence."
The ICC issued warrants for Israeli Prime Minister Benjamin Netanyahu, former Israeli Defense Minister Yoav Gallant, and Hamas leader Mohammed Diab Ibrahim Al-Masri last month despite pressure from the United States. Neither the U.S. nor Israel is a party to the ICC, but Palestine is.
As Palestine Chronicle editor Ramzy Baroud noted in a Monday opinion piece for Common Dreams, the November decision was significant in part because "historically, the vast majority of arrest warrants, and actual detention of accused war criminals seemed to target the Global South, and Africa, in particular."
The outgoing Biden administration and U.S. President-elect Donald Trump's pick for national security adviser have criticized the warrants for the leaders from Israel, which also faces a genocide case at the International Court of Justice over its assault on the people of Gaza.
Responding to the warrants on Fox News last month, U.S. Sen. Lindsey Graham (R-S.C.)—a key ally of Trump in the upper chamber that will soon be controlled by Republicans—said: "So to any ally, Canada, Britain, Germany, France, if you try to help the ICC, we're gonna sanction you... We should crush your economy, because we're next."
While Canadian Prime Minister Justin Trudeau said last week that "we will abide by all the regulations and rulings of the international court" as a party to the Rome Statute, France has flip-flopped on warrant enforcement. Just a day after French Prime Minister Michel Barnier told Parliament that the government would fulfill its obligations, the Foreign Ministry announced it would not detain Netanyahu and Gallant, claiming they have "immunities" because Israel is not a party to the treaty.
The Associated Pressexplained Monday that "Graham's threat isn't seen as just empty words," considering that as president, Trump "sanctioned the court's previous prosecutor, Fatou Bensouda, with a travel ban and asset freeze for investigating American troops and intelligence officials in Afghanistan."
Graham isn't alone in making threats. U.S. Sen. Tom Cotton (R-Ark.) targeted the court's current prosecutor in response to the warrants, writing on social media: "The ICC is a kangaroo court and Karim Khan is a deranged fanatic. Woe to him and anyone who tries to enforce these outlaw warrants. Let me give them all a friendly reminder: The American law on the ICC is known as the Hague Invasion Act for a reason. Think about it."
Officially titled the American Service Members' Protection Act, the 2002 law enables the president to use "all means necessary and appropriate to bring about the release of any U.S. or allied personnel being detained or imprisoned by, on behalf of, or at the request of the International Criminal Court."
Akane said Monday that "we firmly reject any attempt to influence the independence and the impartiality of the court. We resolutely dismiss efforts to politicize our function. We have and always will comply only with the law, under all circumstances."
"There isn't such a thing as selective sanctions or coercive measures. If the court collapses, this will inevitably imply the collapse of all situations and cases," she stressed. "The fall of the court would imply the fall of the rule of law in the international community and a final defeat of the fight against impunity."
Still, the judge concluded that "the court can continue to provide what for humanity is the most essential sentiment: hope," a sentiment echoed by Khan, who spoke after her at the opening of the conference.
The prosecutor said that "history will judge whether or not the promise of the Rome Statute is vindicated in practice in the maelstrom that we see around us, not only the storm we face but winds that are perhaps to come. But despite that, really the focus of my remarks today is that we don't have the luxury, nor do we need to give in to despondency and despair."
As the conference got underway, Human Rights Watch released a 24-page report with recommendations to ensure the court has everything it needs to advance cases and called on state parties to support the ICC in the face of global attacks.
"ICC warrants, whether against Vladimir Putin or Benjamin Netanyahu, send a critical message that no one is above the law," said Liz Evenson, HRW's international justice director. "ICC member countries should make a commitment during their annual meeting to take all necessary steps to ensure that the ICC's crucial work for justice can continue without obstruction."
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'Not for Long,' Says Israeli Defense Minister After Hezbollah Names New Leader
"The road to your arrest and The Hague won't be long either, you genocidal war criminal," one observer retorted.
Oct 29, 2024
Israeli Defense Minister Yoav Gallant said Tuesday on social media that Hezbollah's pick of Naim Qassem to lead the Lebanon-based political and paramilitary group would be "temporary"—a remark seen by many as an assassination threat.
Hezbollah tapped Qassem, its longtime deputy chief, to lead the group following Israel's assassination of former Secretary-General Hassan Nasrallah in Beirut last month.
"Temporary appointment. Not for long," Gallant said on X, the social media site formerly known as Twitter, in response to Hezbollah's move.
The state of Israel's official Arabic X account said Qassem's "tenure in this position may be the shortest in the history of this terrorist organization if he follows in the footsteps of his predecessors."
"There is no solution in Lebanon except to dismantle this organization as a military force," the account added.
Since earlier this month, when Israeli forces launched a ground invasion accompanied by a massive ongoing bombing campaign against Lebanon, nearly 2,800 Lebanese have been killed and more than 12,700 others injured, the country's Ministry of Health said Tuesday. The ministry added that 82 Lebanese have been killed and another 180 injured over the past 24 hours alone.
Since shortly after October 7, 2023—when Hamas led the deadliest single attack on Israel in its history—Hezbollah has been launching rockets and other projectiles at Lebanon's southern neighbor, killing and wounding scores of Israelis.
The International Criminal Court (ICC) in The Hague, Netherlands is currently
weighing whether to approve Prosecutor Karim Khan's application for warrants to arrest Gallant—who responded to the Hamas-led attack by ordering a "complete siege" of Gaza that has been blamed for the starvation and sickening of hundreds of thousands of Palestinians—and Israeli Prime Minister Benjamin Netanyahu. Khan also sought ICC arrest warrants for three Hamas leaders, at least two of whom have been assassinated by Israel.
Over 388 days, Israeli forces have killed at least 43,020 Palestinians in Gaza, most of them women and children. At least 101,100 others have been wounded. More than 10,000 Palestinians are also missing and presumed dead and buried beneath the ruins of Gaza. Almost everyone in the embattled Gaza Strip has been forcibly displaced, often multiple times.
Responding to Gallant's threat, Somali-Australian journalist Najat Abdi said on X that "the road to your arrest and The Hague won't be long either, you genocidal war criminal."
Gallant's remarks came amid reports that Israeli and Hezbollah negotiators are "in the advanced stages" of hammering out cease-fire agreement that would lead to Israeli troops withdrawing from Lebanon, where they have been suffering high casualties at the hands of Hezbollah fighters.
One important unanswered question is whether Hezbollah will accept a deal to end hostilities with Israel without a cease-fire in Gaza.
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ICC Will Withdraw War Crimes Charges If Sinwar Confirmed Dead. Also: Netanyahu Still Alive
"The ICC's credibility is hanging by a thread," warned one former United Nations official in response to the court's delay in deciding whether to issue arrest warrants for Israeli leaders.
Oct 17, 2024
The office of International Criminal Court Prosecutor Karim Khan said Thursday that it is "aware of the reports" that Hamas leader Yahya Sinwar was assassinated by Israeli forces in Gaza, adding that it would withdraw its request for an arrest warrant for war crimes and crimes against humanity related to the October 7, 2023 attack and imprisonment of hostages if Sinwar's death is confirmed.
"In line with standard practice, the office will take relevant action if sufficient information is received confirming his death," Khan's division said of Sinwar, according toThe Associated Press.
Israeli authorities said DNA, fingerprints, and dental records confirm Sinwar's death.
The announcement left some international critics frustrated at the ICC's delay in issuing arrest warrants for Israeli Prime Minister Benjamin Netanyahu, more than a year after Israel began its bombardment of Gaza.
In May, Khan announced that he had formally applied for warrants to arrest Netanyahu and Defense Minister Yoav Gallant for their role "in the crimes of causing extermination, causing starvation as a method of war, including the denial of humanitarian relief supplies, [and] deliberately targeting civilians in conflict."
Khan also said he was seeking arrest warrants for three Hamas leaders: Sinwar, former political leader Ismail Haniyeh, and al-Qassam Brigades commander Mohammed Diab Ibrahim Al-Masri for alleged war crimes including extermination, murder, hostage-taking, rape, torture, and other violations of international law.
Haniyeh was assassinated in late July by Israeli operatives in Tehran, Iran. Israel claims to have also killed Al-Masri, although this has not been confirmed.
In a Thursday evening address, Netanyahu asserted that "Hamas will no longer rule Gaza. This is the beginning of the day after Hamas."
"This is an opportunity for you, the residents of Gaza, to finally break free from its tyranny," he added in an appeal to Palestinians in the embattled strip—more than 150,000 of whom have been killed or wounded in a war for which Israel is on trial for genocide at the International Court of Justice.
Netanyahu's government allowed Hamas—which Israel propped up for years in a bid to counterbalance the power of the Palestinian National Authority—to receive billions of dollars in cash payments via Qatar.
U.S. President Joe Biden said in a statement on Sinwar's reported assassination that "this is a good day for Israel, for the United States, and for the world."
Biden claimed U.S. involvement in efforts to find and kill Sinwar.
"Shortly after the October 7 massacres, I directed special operations personnel and our intelligence professionals to work side-by-side with their Israeli counterparts to help locate and track Sinwar and other Hamas leaders hiding in Gaza," the president said. "With our intelligence help, the [Israel Defense Forces] relentlessly pursued Hamas' leaders, flushing them out of their hiding places and forcing them onto the run."
U.S. Vice President Kamala Harris, the Democratic nominee for president, said during a Thursday press conference that "any terrorist who kills Americans, threatens the American people, or threatens our troops or our interests, know this: We will always bring you to justice."
"Israel has a right to defend itself, and the threat Hamas poses to Israel must be eliminated," Harris added. "Today, there is clear progress toward that goal. Hamas is decimated and its leadership is eliminated."
With the ICC accused of moving too slowly in pursuit of arrest warrants for Israeli and Hamas leaders, Khan has urgedthe court to "urgently render its decisions" on his May applications.
Khan had some reason to tread carefully, as Israel waged a nearly decadelong intimidation campaign against former ICC Prosecutor Fatou Bensouda in response to her pursuit of justice for Israeli war criminals.
U.S. lawmakers have also threatened to sanction ICC officials who seek to hold Israeli leaders accountable for violations of international law, and in June dozens of House Democrats joined their Republican colleagues in passing H.R. 8282, the Illegitimate Court Counteraction Act, which would sanction ICC personnel involved in efforts to bring Israeli leaders to justice.
In an opinion piece published earlier this week by Al Jazeera, former United Nations official Moncef Khane wrote that "the ICC's credibility is hanging by a thread."
"It took Khan no less than seven months to recommend to the court's pre-trial chamber the issuance of warrants of arrest for Netanyahu and Gallant, notwithstanding a rather formidable amount of evidence of their personal responsibility in the war crimes perpetrated in Gaza," he noted.
"Now that he has done his duty, it is for the three sitting judges of the pre-trial chamber to decide whether to issue the warrants or not," Khane added. "The glaring and extraordinary amount of evidence of war crimes, crimes against humanity, genocide, and crime of aggression is such that were they to abscond from their responsibility, they would ring the death knell of the ICC."
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