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NEW YORK CITY: Independent experts at the UN on Monday strongly condemned recent US sanctions targeting the International Criminal Court, its personnel and any individuals or entities who cooperate with it.
The sanctions, authorized in an executive order signed by US President Donald Trump on Feb. 6, sparked a wave of global concern for the future of international justice.
The ICC, the world’s top war-crimes court, issued arrest warrants in November last year for Israeli Prime Minister Benjamin Netanyahu, his former defense minister, Yoav Gallant, and Hamas’ military chief, accusing them of crimes against humanity in connection with the war in Gaza.
The court said there was reason to believe Netanyahu and Gallant intentionally targeted civilians during Israel’s military campaign against Hamas in Gaza, and used “starvation as a method of warfare” by restricting deliveries of humanitarian aid to the territory. At the time of the ICC action, the death toll from Israel’s assault on Gaza had surpassed 44,000.
Criticizing the US sanctions against the court, the UN experts said: “The order is an attack on global rule of law and strikes at the very heart of the international criminal justice system.
“The financial restrictions will undermine the ICC and its investigations into war crimes and crimes against humanity across the world, including those committed against women and children.”
Trump’s executive order declares that “any effort by the ICC to investigate, arrest, detain or prosecute protected persons” is a “threat to the national security and foreign policy” of the US. It declares a national emergency in response, demanding that America and its allies oppose any actions by the ICC against the US, Israel or any other nation that has not consented to the court’s jurisdiction.
The UN experts denounced these actions, describing them as a dangerous backward step in the fight for international justice.
The experts included Margaret Satterthwaite, the UN special rapporteur on the independence of judges and lawyers; Francesca Albanese, the special rapporteur on human rights of Palestinians in the occupied territories; Ben Saul, the special rapporteur on the promotion of human rights while countering terrorism, and George Katrougalos, an independent expert on the promotion of a democratic and equitable international order. Their statement was endorsed by several other experts.
“The jurisdiction of the ICC has been clearly defined by the Court itself and recognized through international law,” the experts stated. “By sanctioning the ICC, the United States is undermining the ‘never again’ legacy established after Nuremberg, which has been a cornerstone of evolving international criminal law since 1945.”
The ICC was established in 2002 as the court of last resort to prosecute individuals responsible for the most heinous atrocities worldwide, including war crimes, crimes against humanity, genocide and the crime of aggression.
The 125 member states of the court include Palestine, Ukraine, Canada, the UK and every country in the EU, but dozens of countries do not accept its jurisdiction, including Israel, the US, Russia and China.
The experts said the US executive order empowers war criminals and will deny justice to thousands of victims around the world, particularly women and children. It also mocks the global quest to “place law above force” and prevent atrocities, they added.
A core principle of the ICC is its commitment to holding the perpetrators of genocide, war crimes, crimes against humanity, and aggression accountable, regardless of nationality. The experts stressed the importance of maintaining a judicial system in which justice applies equally to all.
“Upholding international law is a shared responsibility that strengthens, rather than undermines, global security, including that of the United States,” they said.
They welcomed the expressions of solidarity from UN member states who have reaffirmed their support for the crucial role the court plays in ensuring the principals of accountability and justice around the globe.
Imposing sanctions on ICC personnel is seen as a violation of the basic principles of judicial independence, said the experts, who pointed out that such action stands as a direct contradiction to human rights protections, specifically the fundamental right of individuals to carry out their professional duties without fear of retribution.
Any attempt to impede or intimidate an official of the ICC is punishable under Article 70 of the Rome Statute, the international treaty that established the court. The US sanctions could be viewed as a violation of this provision, which seeks to protect officials from potential retaliation as a result of their work to administer justice.
The UN experts said they have shared their concerns with US authorities and called for a reevaluation of the sanctions.
Special rapporteurs are part of what is known as the special procedures of the UN Human Rights Council. They are independent experts who work on a voluntary basis, are not members of UN staff and are not paid for their work.