US: Human rights experts call on the Senate to reject the bill to sanction the International Criminal Court
The ICC issued arrest warrants in November for Israeli Prime Minister Benjamin Netanyahu and former defense minister Yoav Gallant for alleged war crimes and crimes against humanity in Gaza.
Come here to read our analysis of the decision and possible next steps, and Here for our ICC explainer.
When asked by reporters at a regular noon briefing whether the United Nations chief had a view on the National Assembly bill, Spokesperson Stéphane Dujarric said that while he would not comment on individual individual law, “We have a principled view…And that means that, although independent of the Secretariat, the Secretary-General has great respect for the Court and its work. International Criminal Courtit is itself a very important pillar of international justice.”
Experts – Margaret Satterthwaite, Special Rapporteur on the independence of judges and lawyers; Francesca Albanese, Special Rapporteur on the situation of human rights in the Occupied Palestinian Territory, and George Katrougalos, Independent Expert on the promotion of a democratic and just international order – raised their concerns in a statement.
A ‘shocking’ move
They were disappointed by the US House of Representatives’ passage of legislation on Thursday that would punish the ICC for its decision. The court also issued an arrest warrant for a former Hamas commander along with others.
“It is shocking to see a country that considers itself a defender of the rule of law attempt to obstruct the actions of an independent and impartial court established by the international community in order to hinder accountability .”, experts speak.
“Threats against the ICC promote a culture of impunity. They mock the decades-long effort to put law above force and brutality”, they warned.
Experts have written to US authorities about them concern.
ICC promotes accountability
The ICC was established by a 1998 treaty known as the Rome Statute. The United States is not a party to the statute, along with dozens of other countries, but 125 countries are members of the Court.
The agency is tasked with investigating and prosecuting individuals for serious international crimes such as genocide, war crimes and crimes against humanity. It is headquartered in The Hague, Netherlands.
Experts reiterate that the ICC is a legacy of the Nuremberg trials that held Nazi leaders responsible and pledged to never allow heinous crimes, such as those committed in World War II, with impunity.
“The tireless work of the courageous legal experts at the ICC is a key driver of accountability. The work of prosecutors becomes fundamental to our efforts to maintain the integrity of the international legal system.,” they said.
ICC prosecutor Karim Khan visits the landfill in Tarhunah, Libya, where more than 250 people have been identified on several mass graves. (document)
Respect legal professionals
They call on all member states of the ICC and all United Nations member states generally to comply with and respect international standards regarding legal professionals working towards accountability. for the most serious international crimes.
“International standards stipulate that lawyers and judicial personnel must be able to perform all of their professional functions without intimidation, obstruction, harassment or undue interference.; and should not be prosecuted or threatened with prosecution or administrative, economic or other sanctions for any action taken in accordance with professional duties, standards and ethics has been recognized,” they explained.
‘A blind spot for justice’
They said the bill, titled ‘Anti-Illegal Courts Act’, will take effect 60 days after its enactment.
It would punish any individual who works to investigate, arrest, detain or prosecute an American citizen or official from a U.S. allied country, including Israel.. Any U.S. funds designated to the ICC would also be forfeited, and any future funds to the Court would be prohibited.
Experts say imposing sanctions on judicial officers for fulfilling their professional responsibilities is a “gross violation of human rights” that strikes at the core of judicial independence. law and rule of law.
“Passing a bill that creates a justice blind spot for some countries not only legitimizes double standards and impunity but also undermines the universal spirit that the justice system holds,” they said. international is built on”.
They added: “Such actions erode public confidence in the impartiality and integrity of justice, and create a dangerous precedent, politicizing judicial functions and weakening global commitment to accountability and equity.”
Maintain judicial independence
They warned that if implemented, the sanctions would appear to constitute an offense against the administration of justice under Article 70 of the Rome Statute, which punishes attempts to obstruct or intimidate an official of the Court. sentence or retaliate against them because of their official status. mission.
“We call on US lawmakers to uphold the rule of law and the independence of judges and lawyersand we call on States to respect the independence of the Court as a judiciary and to protect the independence and impartiality of those who work in the Court,” they said.
About UN experts
Special rapporteurs and independent experts receive assignments from the United Nations Human Rights Councilheadquartered in Geneva.
They work on a voluntary basis, are not employees of the United Nations and do not receive a salary for their work.
The experts are independent of any government or organization and serve in their personal capacity.
