International Criminal Court at The Hague
Credit: Tony Webster [CC BY 2.0]

The US administration imposed sanctions on the court itself on 9 October, escalating earlier measures targeting individual judges and officials. The IBA said the designation could disrupt investigations, trials, witness protection, reparations for victims and the detention of defendants.

Dr Mark Ellis, the IBA’s executive director, said: “The sanctioning of the Court itself is an escalation that would have previously been unthinkable, and a move that shows the total rejection of the rule of law on the part of the Trump administration.

“For many victims of genocide, war crimes, crimes against humanity and aggression, the ICC is the only hope for justice. The ICC is at the centre of the system created by the Rome Statute, intended to ensure that these most serious crimes do not go unpunished.

“By sanctioning the Court itself, the Trump administration seeks to prevent victims from obtaining justice through the ICC and perpetuates impunity for the gravest international crimes. This is a dark day for international justice and global rule of law. ICC States Parties must act with resolve and use all the measures at their disposal to push back on this action and provide support to the ICC.”

The court is investigating 13 situations, including in Ukraine, Palestine, Afghanistan, the Philippines, Libya and Sudan. Seven individuals are currently in its custody, while trials and appeals are under way in cases involving alleged crimes in the Philippines, Libya and Darfur.

The US has also sanctioned the ICC’s president, eight other judges, two deputy prosecutors, a senior trial attorney and former prosecutor Karim Khan. The State Department said the individual sanctions related to investigations into Palestine and Afghanistan.

The IBA called on all 125 ICC member states to publicly reject the sanctions and introduce national and regional measures to protect the court’s operations.

IBA president Claudio Visco said: “The IBA is deeply concerned that use of sanctions against the ICC, the world’s only permanent international criminal court, will put at risk the ICC mandate and frustrate victims’ hopes for justice. Beyond obstructing justice for victims, these sanctions impose an unacceptable burden on the independence of judges and lawyers who are working on their behalf. The IBA stands firmly in support of the Court and calls on all states to respect the ICC’s independence and the global rule of law.”