My Take | World must stand up to US bullying of International Criminal Court
Washington’s latest sanctions of ICC judges continue its direct assault on international law and is a slap in the face of the global community
The International Criminal Court (ICC) is fighting back against the United States’ repeated sanctioning of its judges and prosecutors. But it can’t do it alone without global support from 125 of its member states against the American Goliath. Sadly, with heavy tariffs and other economic coercion hanging over their heads, many have chosen to stay silent.
Washington has imposed new sanctions on four more ICC judicial officers, a move widely seen as protecting Israel. But that’s not the only reason. Its ultimate implication is that the United States thinks it’s free to dictate international law.
“These sanctions are a flagrant attack against the independence of an impartial judicial institution which operates under the mandate from 125 States Parties from all regions,” the ICC said in an official statement.
“They constitute also an affront against the court’s States Parties, the rules-based international order and, above all, millions of innocent victims across the world. The court calls upon States Parties and all those who share the values of humanity and the rule of law to provide firm and consistent support to the court and its work carried out in the sole interest of victims of international crimes.”
One of the sanctioned judges, Canadian Kimberly Prost, angered Washington for having previously authorised a formal investigation into suspected US war crimes in Afghanistan. Others sanctioned include French judge Nicolas Guillou, and prosecutors Nazhat Khan of Fiji and Mame Niang of Senegal, for having worked on arrest warrants for Israel’s prime minister and former defence chief.
Washington claims the ICC is overreaching without jurisdiction because neither the US nor Israel has joined the ICC. That claim is profoundly misleading, with its implications of impunity under international law. If that were the case, any country and its leaders could refuse to sign onto and/or ratify the Rome Statute – the international treaty that founded the ICC – and stay out of reach of international law.
Indeed, over many years, many suspected war criminals put on trial at The Hague tried to deny the ICC had jurisdiction, but the court rightly proceeded against them.