ICC president says war crimes tribunal is in jeopardy
ICC chief prosecutor Karim Khan said the court is facing "unprecedented challenges" by actors around the world seeking to undermine its work.
The New Arab Staff & Agencies
02 December, 2024
Japanese Judge Tomoko Akane, President of the International Criminal Court
ICC chief prosecutor Karim Khan said the court is facing "unprecedented challenges" by actors around the world seeking to undermine its work.
The New Arab Staff & Agencies
02 December, 2024
Japanese Judge Tomoko Akane, President of the International Criminal Court
[Photo by KAZUHIRO NOGI/AFP via Getty Images]
The president of the International Criminal Court on Monday said threats facing the institution, including possible US sanctions and Russian warrants for staff members, "jeopardise 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.
"It's clear by any metric, by any benchmark, this assembly is at a pivotal time," ICC chief prosecutor Karim Khan said in his speech at the opening of the conference.
"We are facing unprecedented challenges. We see civil society victims, survivors, humanity at large, I think have unprecedented expectations," Khan said.
Russia issued an arrest warrant for Khan two months after the court in The Hague issued a warrant for Russian President Vladimir Putin.
The United States House of Representatives in June 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 defence chief, Yoav Gallant.
"The Court has been subjected to attacks seeking to undermine its legitimacy and ability to administer justice and realise 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.
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 organisation. These measures would rapidly undermine the Court's operations in all situations and cases and jeopardise 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 politicise our function. We have and always will comply only with the law, under all circumstances."
The court was established in 2002 to prosecute war crimes, crimes against humanity, genocide and the crime of aggression when member states are unwilling or unable to do so themselves.
'Step towards unravelling'
In its 22 years, the court has not shied away from taking on powerful leaders, including Putin, targeted with an arrest warrant last year over accusations his authorities abducted children from Ukraine, which he and Russia deny. On Wednesday, the prosecutor sought a warrant for Myanmar's military ruler Min Aung Hlaing.
Netanyahu's warrant marks the first time the court has targeted such a figure as the serving leader of a country closely allied to the rich countries of the West.
The ICC, a court of last resort when national authorities are unwilling or unable to act, has no police force. Countries that have signed its founding treaty are on paper required to detain Netanyahu should he arrive on their territory.
But already several European founding members have publicly said they might not do so. France said Netanyahu is immune; Italy said he might be. Britain and Germany have avoided directly explaining how they would act.
Even the Netherlands, which hosts the court in The Hague, has said there could be circumstances in which Netanyahu might be able to visit, without spelling out what those conditions might be.
Selective adherence by members to court orders to detain suspects poses "a very dangerous escalation, a step towards the unravelling of the ICC statute system as a whole," said Sergey Vasiliev, a professor of International Law at the Netherlands Open University and a long-time ICC watcher.
"Now the question is about how serious the state's parties are with respecting the decisions of the court, even in the situation where they do not like the decision," he said.
(Reuters)
The president of the International Criminal Court on Monday said threats facing the institution, including possible US sanctions and Russian warrants for staff members, "jeopardise 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.
"It's clear by any metric, by any benchmark, this assembly is at a pivotal time," ICC chief prosecutor Karim Khan said in his speech at the opening of the conference.
"We are facing unprecedented challenges. We see civil society victims, survivors, humanity at large, I think have unprecedented expectations," Khan said.
Russia issued an arrest warrant for Khan two months after the court in The Hague issued a warrant for Russian President Vladimir Putin.
The United States House of Representatives in June 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 defence chief, Yoav Gallant.
"The Court has been subjected to attacks seeking to undermine its legitimacy and ability to administer justice and realise 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.
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 organisation. These measures would rapidly undermine the Court's operations in all situations and cases and jeopardise 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 politicise our function. We have and always will comply only with the law, under all circumstances."
The court was established in 2002 to prosecute war crimes, crimes against humanity, genocide and the crime of aggression when member states are unwilling or unable to do so themselves.
'Step towards unravelling'
In its 22 years, the court has not shied away from taking on powerful leaders, including Putin, targeted with an arrest warrant last year over accusations his authorities abducted children from Ukraine, which he and Russia deny. On Wednesday, the prosecutor sought a warrant for Myanmar's military ruler Min Aung Hlaing.
Netanyahu's warrant marks the first time the court has targeted such a figure as the serving leader of a country closely allied to the rich countries of the West.
The ICC, a court of last resort when national authorities are unwilling or unable to act, has no police force. Countries that have signed its founding treaty are on paper required to detain Netanyahu should he arrive on their territory.
But already several European founding members have publicly said they might not do so. France said Netanyahu is immune; Italy said he might be. Britain and Germany have avoided directly explaining how they would act.
Even the Netherlands, which hosts the court in The Hague, has said there could be circumstances in which Netanyahu might be able to visit, without spelling out what those conditions might be.
Selective adherence by members to court orders to detain suspects poses "a very dangerous escalation, a step towards the unravelling of the ICC statute system as a whole," said Sergey Vasiliev, a professor of International Law at the Netherlands Open University and a long-time ICC watcher.
"Now the question is about how serious the state's parties are with respecting the decisions of the court, even in the situation where they do not like the decision," he said.
(Reuters)
December 2, 2024
By The Associated Press
Exterior of the International Criminal Court in The Hague, Netherlands.
Peter Dejong/AP
THE HAGUE, Netherlands — The International Criminal Court's member states open their annual meeting Monday while the court faces pushback over arrest warrants for Israeli officials, sexual harassment allegations against the court's chief prosecutor and a very empty docket.
The Assembly of States Parties, which represents the ICC's 124 member countries, will convene its 23rd conference to elect committee members and approve the court's budget against a backdrop of unfavorable headlines.
The International Criminal Court has issued arrest warrants for Netanyahu and Gallant
Last month, judges granted a request from the court's chief prosecutor Karim Khan to issue arrest warrants for Israeli Prime Minister Benjamin Netanyahu, his former defense minister and Hamas' military chief, accusing them of crimes against humanity in connection with the nearly 14-month war in Gaza.
It marks the first time that a sitting leader of a major Western ally has been accused by the global court of justice. The decision has been denounced by critics of the court and given only milquetoast approval by many of its supporters, a stark contrast to the robust backing of an arrest warrant for Russian President Vladimir Putin last year over war crimes in Ukraine.
U.S. President Joe Biden called the warrants for Netanyahu and the former defense minister "outrageous" and vowed to stand with Israel. A year ago, Biden called the warrant for Putin "justified" and said the Russian president had committed war crimes. The U.S. is not an ICC member country.
France said it would "respect its obligations" but would need to consider Netanyahu's possible immunities. When the warrant for Putin was announced, France said it would "lend its support to the essential work" of the court.
Hungary's Prime Minister Viktor Orbán, who currently holds the European Union's rotating presidency, accused the court of "interfering in an ongoing conflict for political purposes" and said his country wouldn't arrest Netanyahu. Hungary is an ICC member country.
The ICC says it will open an investigation into alleged war crimes in Ukraine
The ICC was established in 2002 as the world's permanent court of last resort to prosecute individuals responsible for the most heinous atrocities — war crimes, crimes against humanity, genocide and the crime of aggression. The court only becomes involved when nations are unable or unwilling to prosecute those crimes on their territory. To date, 124 countries have signed on to the Rome Statute, which created the institution. Those who have not include Israel, Russia and China.
The ICC has no police force and relies on member states to execute arrest warrants.
Member country Austria begrudgingly acknowledged it would arrest Netanyahu but called the warrants "utterly incomprehensible," Italy called them "wrong" but said it would be obliged to arrest him. Germany said it would study the decision.
Global security expert Janina Dill worried that such responses could undermine global justice efforts. "It really has the potential to damage not just the court, but international law," she told The Associated Press.
U.S. Sen. Lindsey Graham, whose Republican party will control both branches of Congress in January, called the court a "dangerous joke" and urged Congress to sanction its prosecutor. "To any ally, Canada, Britain, Germany, France, if you try to help the ICC, we're going to sanction you," Graham said on Fox News.
THE HAGUE, Netherlands — The International Criminal Court's member states open their annual meeting Monday while the court faces pushback over arrest warrants for Israeli officials, sexual harassment allegations against the court's chief prosecutor and a very empty docket.
The Assembly of States Parties, which represents the ICC's 124 member countries, will convene its 23rd conference to elect committee members and approve the court's budget against a backdrop of unfavorable headlines.
The International Criminal Court has issued arrest warrants for Netanyahu and Gallant
Last month, judges granted a request from the court's chief prosecutor Karim Khan to issue arrest warrants for Israeli Prime Minister Benjamin Netanyahu, his former defense minister and Hamas' military chief, accusing them of crimes against humanity in connection with the nearly 14-month war in Gaza.
It marks the first time that a sitting leader of a major Western ally has been accused by the global court of justice. The decision has been denounced by critics of the court and given only milquetoast approval by many of its supporters, a stark contrast to the robust backing of an arrest warrant for Russian President Vladimir Putin last year over war crimes in Ukraine.
U.S. President Joe Biden called the warrants for Netanyahu and the former defense minister "outrageous" and vowed to stand with Israel. A year ago, Biden called the warrant for Putin "justified" and said the Russian president had committed war crimes. The U.S. is not an ICC member country.
France said it would "respect its obligations" but would need to consider Netanyahu's possible immunities. When the warrant for Putin was announced, France said it would "lend its support to the essential work" of the court.
Hungary's Prime Minister Viktor Orbán, who currently holds the European Union's rotating presidency, accused the court of "interfering in an ongoing conflict for political purposes" and said his country wouldn't arrest Netanyahu. Hungary is an ICC member country.
The ICC says it will open an investigation into alleged war crimes in Ukraine
The ICC was established in 2002 as the world's permanent court of last resort to prosecute individuals responsible for the most heinous atrocities — war crimes, crimes against humanity, genocide and the crime of aggression. The court only becomes involved when nations are unable or unwilling to prosecute those crimes on their territory. To date, 124 countries have signed on to the Rome Statute, which created the institution. Those who have not include Israel, Russia and China.
The ICC has no police force and relies on member states to execute arrest warrants.
Member country Austria begrudgingly acknowledged it would arrest Netanyahu but called the warrants "utterly incomprehensible," Italy called them "wrong" but said it would be obliged to arrest him. Germany said it would study the decision.
Global security expert Janina Dill worried that such responses could undermine global justice efforts. "It really has the potential to damage not just the court, but international law," she told The Associated Press.
U.S. Sen. Lindsey Graham, whose Republican party will control both branches of Congress in January, called the court a "dangerous joke" and urged Congress to sanction its prosecutor. "To any ally, Canada, Britain, Germany, France, if you try to help the ICC, we're going to sanction you," Graham said on Fox News.
Trump Administration Sanctions ICC Prosecutor Investigating Alleged U.S. War Crimes
President-elect Donald Trump sanctioned the court's previous prosecutor, Fatou Bensouda, with a travel ban and asset freeze for investigating American troops and intelligence officials in Afghanistan.
Milena Sterio, an expert in international law at Cleveland State University, told the AP that sanctions could affect a number of people who contribute to the court's work, such as international human rights lawyer Amal Clooney. Clooney advised the current prosecutor on his request for the warrants for Netanyahu and others.
"Sanctions are a huge burden," Sterio said. Clooney did not respond to a request for comment.
Khan is up against internal pressures as well. In October, the AP reported the 54-year old British lawyer is facing allegations he tried to coerce a female aide into a sexual relationship and groped her.
Two co-workers in whom the woman confided reported the alleged misconduct in May to the court's independent watchdog, which says it interviewed the woman and ended its inquiry after five days when she opted against filing a formal complaint. Khan was never questioned. He has denied the claims.
The Assembly of States Parties has announced it will launch an external probe into the allegations. It's not clear if the investigation will be addressed during the meeting.
The court, which has long faced accusations of ineffectiveness, will have no trials pending after two conclude in December. While it has issued a number of arrest warrants in recent months, many high-profile suspects remain at large.
Member states don't always act. Mongolia refused to arrest Putin when he visited in September. Sudan's former President Omar al-Bashir is wanted by the ICC over accusations related to the conflict in Darfur, but his country has refused to hand him over. Last week, Khan requested a warrant for the head of Myanmar's military regime, Senior Gen. Min Aung Hlaing, for attacks against the country's Rohingya Muslim minority. Judges have yet to decide on that request.
"It becomes very difficult to justify the court's existence," Sterio said.
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