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ICC President fears US sanctions could cripple court, endanger rule of law

From Hankyoreh · () Korean

Translated from Korean, summarized and contextualized by DistantNews.

At a glance

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  • International Criminal Court (ICC) President Akane Tomoko expressed strong concern over potential sanctions against the court and its judges by the United States.
  • The US sanctions, targeting Akane and another ICC official, are seen as an attempt to undermine ICC investigations into alleged war crimes in Gaza and Iran.
  • Critics argue the sanctions threaten the international legal order, with the ICC stating that nine of its 18 judges, along with other staff, are now subject to US measures.

International Criminal Court (ICC) President Akane Tomoko voiced grave concerns about the escalating possibility of sanctions against the court itself, following the US designation of her and Chief Prosecutor Karim Khan as sanctioned individuals. "I have only performed my duties as an ICC judge, and there is no reason for me to be sanctioned by the US government," Akane stated in a phone interview with NHK, emphasizing the deepening seriousness of the situation.

I have only performed my duties as an ICC judge, and there is no reason for me to be sanctioned by the US government. This situation is becoming increasingly serious.

โ€” Akane TomokoICC President Akane Tomoko speaking to NHK about the US sanctions.

The US sanctions, announced by the Trump administration, prohibit sanctioned individuals and their families from entering the United States, freeze their assets, and restrict their access to US corporate services. These measures are widely interpreted as an effort to thwart ICC investigations into alleged war crimes and crimes against humanity in the Gaza Strip, including arrest warrants for Israeli Prime Minister Benjamin Netanyahu, and the investigation into an Iranian school bombing during the early stages of the Iran-US conflict.

The US has labeled the ICC's investigation and potential prosecution of US and Israeli politicians and military officials, as countries not party to the Rome Statute, as an abuse of power. Secretary of State Antony Blinken has described the ICC as a "corrupt and deeply politicized" transnational tribunal and has even suggested its "systematic dismantling." The US is also reportedly urging other nations to withdraw from the ICC or suspend their contributions.

The corrupt and deeply politicized transnational tribunal.

โ€” Antony BlinkenUS Secretary of State Antony Blinken's description of the ICC.

This is not the first time the US has pressured the ICC. Last year, the US sanctioned four ICC judges. The ICC itself issued a statement on March 19, noting that "nine of the 18 judges of the ICC, two deputy prosecutors, a former chief prosecutor, and one staff member of the Prosecutor's Office have been sanctioned by the US government." The court warned that "the entire international legal order is at risk" if judicial officials face such threats for applying international law.

The entire international legal order is at risk if judicial officials face such threats for applying international law.

โ€” International Criminal CourtStatement from the ICC regarding US sanctions.

Concerns are mounting that US interference could paralyze the ICC's functions. If the court's funding is cut due to US obstruction, it could halt operations, including salary payments to staff. Furthermore, if the US pressures its IT companies to block the ICC's systems, investigations and trials could become virtually impossible, raising fears of potential leaks of sensitive information concerning victims and witnesses. Akane, in her book, stressed the importance of preventing this situation from becoming "the beginning of the end of international rule of law."

It is important not to let this become 'the beginning of the end of international rule of law.'

โ€” Akane TomokoAkane Tomoko's reflection on the US sanctions in her book.
DistantNews Editorial

Originally published by Hankyoreh in Korean. Translated, summarized, and contextualized by our editorial team with added local perspective. Read our editorial standards.