'Netanyahu Arrest Warrant' ICC Condemns US Sanctions as "Undermining Judicial Independence"
On August 19, the International Criminal Court (ICC) strongly condemned the decision by the second administration of U.S. President Donald Trump to designate ICC officials subject to sanctions after the court issued an arrest warrant for Israeli Prime Minister Benjamin Netanyahu. The ICC stated that this move “blatantly undermines the independence of the judiciary.”
In a statement released on the same day, the ICC criticized the U.S. administration for newly designating Presiding Judge Tomoko Akane and Chief Legal Adviser Abdoulaye Seye as targets of sanctions. The ICC noted, “Currently, out of 18 judges, 9 judges, 2 deputy prosecutors, former prosecutors, and 1 staff member are sanctioned by the United States.”
Although the United States and Israel are not members of the ICC, the court previously issued an arrest warrant for Prime Minister Netanyahu on charges of crimes against humanity and war crimes related to the war in the Gaza Strip. This is based on a clause of the Rome Statute stating that the court has jurisdiction if crimes occurred on the territory of a member state. Palestine became a member of the ICC in 2015.
The ICC also stated, “These measures targeting judges, prosecutors, and staff who are striving to carry out the mandate conferred by states undermine the rule of law. When judicial officials are threatened simply for enforcing the law, the very foundation of the international legal order is put at risk, and the capacity of victims to pursue justice is also diminished.”
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The ICC went on to say, “We stand firmly and unwaveringly with our personnel and the victims of unimaginable atrocities. In accordance with the Rome Statute, we will continue to maintain independence and impartiality and faithfully fulfill our mandate for the benefit of victims of international crimes.” The statement continued, “With the steadfast support of our States Parties, we will continue to ensure that the mandate of the Court can be performed effectively and independently.”
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