ICC president says war crimes tribunal is in jeopardy

By REUTERS

DECEMBER 2, 2024 16:18

Presiding judge Antoine Kesia-Mbe Mindua, Judge Tomoko Akane, and Judge Kimberly Prost prepare to deliver the verdict in the case of Al Hassan Ag Abdoul Aziz Ag Mohamed Ag Mahmoud at the International Criminal Court in The Hague, Netherlands, June 26, 2024. (photo credit: PETER DEJONG/REUTERS) — Presiding judge Antoine Kesia-Mbe Mindua, Judge Tomoko Akane, and Judge Kimberly Prost prepare to deliver the verdict in the case of Al Hassan Ag Abdoul Aziz Ag Mohamed Ag Mahmoud at the International Criminal Court in The Hague, Netherlands, June 26, 2024.

(photo credit: PETER DEJONG/REUTERS)

Tomoko Akane did not name the US and Russia, but she heavily implied that the countries' actions against the ICC were affecting the court's impartiality.

The president of the International Criminal Court on Monday said threats facing the institution, including possible US sanctions and Russian warrants for staff members, "jeopardize its very existence."

Speaking at an annual conference of the court's 124 members, President Judge Tomoko Akane did not name Russia or the United States but referred to them as permanent members of the UN Security Council.

Russia issued an arrest warrant for ICC Chief Prosecutor Karim Khan two months after the court in The Hague issued a warrant for Russian President Vladimir Putin.

In June, the United States House of Representatives passed a bill to sanction the court in response to Khan's request for an arrest warrant against Prime Minister Benjamin Netanyahu and his former defense chief, Yoav Gallant.

"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 said, adding that more warrants had been issued against court employees.

ICC PROSECUTOR Karim Khan visits Kyiv, Ukraine, in Feb. He made last-minute decisions to forgo visiting Gaza, instead making an informal visit to Israel and the West Bank. (credit: VALENTYN OGIRENKO/REUTERS)

'Draconian' sanctions

The ICC is also "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," she said.

While the United States is not a member of the court, the world's preeminent military and financial power could undermine the ICC diplomatically and politically and with financial sanctions targeting its staff.

She said the court firmly rejects any "attempt to influence (its) independence and impartiality. We resolutely dismiss efforts to politicize our function. We have and always will comply only with the law, under all circumstances."