The Hague
International Criminal Court president lashes out at US, Russia over threats
The president of the International Criminal Court (ICC) harshly criticised both the United States and Russia for interfering in its investigations, describing their threats and criticism as “appalling.”
Judge Tomoko Akane, in her address at the ICC’s annual meeting on Monday, said, “The court is being threatened with draconian economic sanctions by another permanent member of the Security Council as if it was a terrorist organisation.”
ICC to seek arrest warrant for Myanmar military leader Min Aung Hlaing: Prosecutor
Akane’s comments referenced remarks by US Senator Lindsey Graham, who, as a leading member of the Republican Party set to control both branches of Congress in January, called the ICC a “dangerous joke” and urged sanctions against the court’s prosecutor. “To any ally, Canada, Britain, Germany, France, if you try to help the ICC, we’re going to sanction you,” Graham declared on Fox News.
This marks the first instance where a sitting Western leader has been directly challenged by the court.
Graham's response followed a decision last month where ICC judges authorised arrest warrants for Israeli Prime Minister Benjamin Netanyahu, his former defence minister, and Hamas’ military chief over alleged crimes against humanity related to the 14-month-long Gaza war.
The ICC’s decision has drawn criticism from various quarters, with many supporters giving it lukewarm approval, unlike the strong backing seen for the arrest warrant issued last year for Russian President Vladimir Putin over war crimes in Ukraine.
Graham’s threats are seen as significant, considering President-elect Donald Trump previously sanctioned the court’s former prosecutor, Fatou Bensouda, imposing travel bans and asset freezes for investigating US personnel in Afghanistan.
Akane also directed sharp words at Russia. “Several elected officials are being subjected to arrest warrants from a permanent member of the Security Council,” she noted, referring to Moscow’s issuance of warrants against Karim Khan and others involved in the investigation of Putin.
The Assembly of States Parties, representing the ICC’s 124 member nations, will convene its 23rd conference to elect committee members and discuss the court’s budget amid challenging media coverage.
Established in 2002, the ICC is the world’s permanent court for prosecuting the gravest crimes such as war crimes, genocide, and crimes against humanity. It intervenes when nations are unwilling or unable to prosecute offenders domestically. While 124 countries have ratified the Rome Statute founding the court, Israel, Russia, and China are notable absentees.
The ICC lacks its own police force and depends on member states to arrest individuals named in warrants.
US President Joe Biden condemned the arrest warrants for Netanyahu and his former defence minister as “outrageous,” reaffirming support for Israel. In contrast, Biden had previously labelled the warrant for Putin as “justified” in connection with Ukraine’s war crimes. The US is not an ICC member.
France stated it would “respect its obligations” but needed to consider potential immunities for Netanyahu. France had previously voiced support for the ICC’s efforts when the warrant for Putin was issued. Austria reluctantly said it would arrest Netanyahu but deemed the warrants “utterly incomprehensible.” Italy called them “wrong” but indicated it would be obligated to comply. Germany said it would review the decision, while Hungary affirmed its support for Israel over the court.
Janina Dill, a global security expert, expressed concern that such reactions might undermine international justice, warning that “it really has the potential to damage not just the court, but international law.”
Milena Sterio, an international law expert at Cleveland State University, noted that sanctions against the ICC could impact individuals contributing to its work, including human rights lawyer Amal Clooney, who advised on the warrants for Netanyahu and others. “Sanctions are a huge burden,” Sterio said.
The meeting is also shadowed by internal challenges for Khan, who in October faced allegations of sexual misconduct involving a female aide. The court’s independent watchdog received reports from two colleagues of the aide and interviewed her before closing the inquiry after she declined to file a formal complaint. Khan denied the claims and was not questioned. The Assembly of States Parties plans an external investigation into these allegations, though it is unclear if this will be addressed at the conference.
The ICC has long faced criticism over its effectiveness and, following the conclusion of two trials in December, will have no active trials. Despite issuing several arrest warrants recently, many high-profile suspects remain unapprehended.
Member states sometimes fail to act. Mongolia refused to arrest Putin when he visited in September. Sudan’s former president, Omar al-Bashir, remains wanted for alleged crimes in Darfur, but Sudan has not surrendered him. Last week, Khan requested an arrest warrant for Myanmar’s Senior Gen. Min Aung Hlaing for attacks against the Rohingya, with judges yet to rule on it.
Sterio emphasised the difficulty in justifying the court’s existence, stating, “It becomes very difficult.”
1 month ago
Farmers, environmental activists hold demos in The Hague
Thousands of farmers and other anti-establishment demonstrators protested Saturday in a park in The Hague against Dutch government plans to reduce nitrate emissions, while elsewhere in the city climate activists angry at what they call state support for the fossil fuel industry broke through police lines to block a major road.
The simultaneous demonstrations — a few kilometers (miles) from one another — come days before Dutch voters go to the polls in provincial elections Wednesday that indirectly also elect the national parliament’s upper house and could have an effect on proposals for reducing nitrate pollution.
Police said they stopped an unknown number of tractors that were headed for the farmers' demonstration. The municipality banned all but two “symbolic” tractors from participating, citing safety concerns.
As thousands of people, many carrying the upside-down Dutch flags that have become synonymous with farmers' protests and balloons emblazoned with the logo of the far-right Forum for Democracy party, gathered peacefully in front of a stage for the demonstration, the two permitted tractors drove slowly across the park.
Earlier, Rotterdam broadcaster Rijnmond showed video of a convoy of tractors crossing the city’s Erasmus Bridge early Saturday, apparently on their way to The Hague. One of the tractors was emblazoned with a banner saying in Dutch “#proudofthefarmer.”
As the farmers were gathering in a park in the south of the city, Mayor Jan van Zanen gave police permission to use a water cannon on Extinction Rebellion protesters who blocked a major highway in the downtown area near where it runs past the temporary home of the Dutch parliament.
Police said demonstrators who refuse to leave the road would be detained. The highway was blocked in both directions, but police did not immediately use the water cannon.
The twin demonstrations prompted authorities to place army trucks near some crossroads ready to block the streets if tractors or other protest vehicles tried to drive into the city center.
Anger at moves to cut nitrate emissions have spread from the Netherlands to other European nations. Just over a week ago, farmers drove hundreds of tractors into the heart of the Belgian capital, Brussels, snarling traffic.
At protests in recent years, farmers have driven hundreds of tractors into the center of The Hague and also used them to blockade supermarket warehouses.
The government has said that nitrate emissions, which are produced by livestock, transport and industry, must be drastically reduced close to nature areas that are part of a network of protected habitats for endangered plants and wildlife stretching across the 27-nation European Union.
The coalition wants to cut emissions of pollutants, predominantly nitrates, by 50% nationwide by 2030. Ministers call the proposal an “unavoidable transition” that aims to improve air, land and water quality, and have warned that it will mean "that not all farmers can continue their business.”
1 year ago