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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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Why the EU Must Honor ICC Arrest Warrant for Benjamin Netanyahu
Ensuring the ICC has the ability to implement arrest warrants will require defending the court against external pressure and coercive measures—including from powerful governments like the United States
Nov 29, 2024
After the International Criminal Court (ICC) issued arrest warrants against Israeli leaders and a Hamas official on November 21, European Union foreign policy chief Josep Borrell immediately made clear that ICC “decisions are binding on all States party to the Rome Statute, which includes all EU Member States.” His response is a reminder of the EU and its member states’ firm policy of supporting the ICC, especially when it comes to enforcing arrest warrants.
Over the years, the EU and its member states have developed several policies and practices building on their obligations to the court to support arrests before the ICC. This includes EU governments affirming their obligation as ICC members to carry out ICC arrests within their borders and supporting other ICC member countries to uphold their obligations.
Despite this, Hungarian Prime Minister Viktor Orban has already invited Israeli Prime Minister Benjamin Netanyahu, who is subject to one of the warrants, to visit Hungary and said he will not enforce the arrest warrant. Some other EU countries have not explicitly committed to enforcing the warrant, despite confirming their support for the ICC. This deepens perceptions of double standards in support of justice before the ICC.
To ensure EU member countries stand firm for justice across all the ICC’s cases, we outline the EU’s obligations and policies as they relate to arrest strategies in a new briefing paper. Firm state support can yield progress. Russian President Vladimir Putin, wanted by the ICC on allegations of serious crimes in Ukraine, recently stayed away from the G-20 summit in Brazil, an ICC member. But challenges for ICC arrests will likely remain. While Putin did not go to Brazil, he did visit Mongolia, also an ICC country, without facing arrest. This was rightfully challenged by the EU and before the court’s judges.
Each of the court’s pending warrants poses specific challenges, and failure to execute them breeds a climate of impunity. Recent attempts to undermine the ICC, including by Israel and Russia, and threats of sanctions by US lawmakers risk undoing investments by the EU and its member states in the court.
Ensuring the ICC has the ability to implement arrest warrants will require defending the court against external pressure and coercive measures. That means that right now EU support for arrests should include preparedness to adopt measures to protect the court from possible US sanctions.
The stakes are high, but when the EU takes a prominent role in supporting the court in partnership with justice-supporting governments globally, it can positively impact even the most difficult circumstances.
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US Complicity at a Crossroads: ICC Arrest Warrants Demand Accountability
Their entanglement in Israel’s war makes U.S. leaders vulnerable to legal accountability not just for aiding and abetting crimes, but for direct complicity in their commission.
Nov 22, 2024
The International Criminal Court (ICC) issued historic arrest warrants on Thursday for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant, charging them with war crimes and crimes against humanity. This unprecedented move against Israeli officials holds profound implications not only for Israeli leaders but also for their enablers, including the United States. As the Biden administration continues to provide billions in military aid to Israel, these warrants serve as both a warning and a call to action. To avoid complicity in these crimes, top U.S. officials should immediately halt military assistance or risk legal repercussions for continued support of Israeli war crimes.
Significantly, the ICC also has a history of issuing sealed indictments that remain confidential until the targeted individuals enter a member state. This means that beyond Netanyahu and Gallant, other Israeli officials, most likely soldiers documented committing gross crimes, likely face undisclosed warrants, with far-reaching implications for Israeli military forces and those who support their actions.
As the Biden administration continues to provide billions in military aid to Israel, these warrants serve as both a warning and a call to action.
This development should serve as a wake-up call for the U.S. government. The Biden administration continues to provide billions of dollars in unrestricted military aid to Israel—$17.9 billion this year alone—despite a majority of Americans who now oppose such aid. Israeli forces have used these weapons to commit the very crimes for which the ICC has issued arrest warrants. This is not just morally indefensible; it is legally risky. Article 25(3)(c) of the Rome Statute explicitly outlines criminal liability for aiding and abetting war crimes. While the U.S. is not an ICC member state, its officials and leaders could still face prosecution for enabling crimes under the court’s jurisdiction, such as the crimes underway in Palestine.
It’s important to note that the Biden administration has not only armed Israel but has also contributed directly to operations on the ground, including intelligence sharing, targeting data, and direct military combat in Yemen and Iraq targeting armed groups who are fighting Israel. This entanglement in Israel’s war makes U.S. leaders vulnerable to legal accountability not just for aiding and abetting crimes, but for direct complicity in their commission. This moment calls for more than celebration—it demands meaningful and decisive action. For justice to prevail, the international community should rise to the occasion and ensure accountability at every level. A critical first step lies with the 124 member states of the ICC. These nations should publicly commit to upholding their obligations under international law by affirming their readiness to arrest Israeli officials if they enter their jurisdiction. Notably, countries such as the Netherlands, France, Canada, Spain, and Italy have already signaled their intent to enforce the ICC’s arrest warrants for Netanyahu and Gallant.
By cutting ties with leaders implicated in war crimes and crimes against humanity, nations can exert pressure on Israel to change course and demonstrate their commitment to upholding justice and human rights.
Beyond national commitments, ICC member states could leverage international mechanisms to restrict the movement of indicted individuals. They should work collectively to request Interpol Red Notices for Netanyahu, Gallant, and any other officials facing charges. These notices would alert law enforcement worldwide to the existence of arrest warrants, ensuring that the accused cannot travel freely without risk of apprehension and extradition. Such measures are not merely symbolic; they serve as a tangible step toward accountability, signaling to perpetrators and their supporters that the international community will not tolerate impunity.
Equally important is the need for countries to reevaluate and sever their political and military ties with Israel’s leadership, at least as long as Netanyahu serves as Israel prime minister. This includes halting weapons sales and other forms of military cooperation with the Netanyahu government. Military aid and arms exports fuel the very crimes that the ICC is now investigating, making complicity in these actions inexcusable. By cutting ties with leaders implicated in war crimes and crimes against humanity, nations can exert pressure on Israel to change course and demonstrate their commitment to upholding justice and human rights. These steps, taken collectively, would not only support the ICC’s mission but also strengthen the principles of accountability and rule of law in international relations.
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