International Criminal Court
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.”
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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.”
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US civil liberties group sues Biden for ‘failure to prevent genocide’ in Gaza
A civil liberties organisation in New York is suing US President Joe Biden for allegedly failing in his duties under international and US law to prevent Israel from committing genocide in Gaza.
The case filed by the Centre for Constitutional Rights (CCR) on behalf of multiple Palestinian groups and individuals said that Israel's acts, including "mass killings," targeting of civilian infrastructure, and forced expulsions, amount to genocide, reports The Guardian.
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According to the CCR, the 1948 international treaty against genocide demands the United States and other countries to utilise their strength and influence to put an end to the killings, it said.
“As Israel’s closest ally and strongest supporter, being its biggest provider of military assistance by a large margin and with Israel being the largest cumulative recipient of US foreign assistance since World War II, the United States has the means available to have a deterrent effect on Israeli officials now pursuing genocidal acts against the Palestinian people in Gaza,” mentioned the complaint.
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The complaint, filed in federal court in California, seeks the court to prevent the United States from providing Israel with weapons, money, and diplomatic support. It also demands the president, Secretary of State Antony Blinken, and Defence Secretary Lloyd Austin “to take all measures within their power to prevent Israel’s commission of genocidal acts against the Palestinian people of Gaza.” These include putting pressure on Israel to stop bombing Gaza, ease its siege, and prevent the forceful deportation of Palestinians, the report said.
The CCR, which won a landmark case in the US Supreme Court in 2004 establishing the rights of prisoners held at the Guantanamo Bay, stated that the Hamas cross-border attack on October 7, in which approximately 1,200 people were killed and more than 200 were abducted, does not provide legal justification for the scale of Israel's assault on Gaza, which has killed over 11,000 Palestinians, including 4,600 children, and displaced 1.5 million people, it added.
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The case is being filed at the same time that the International Criminal Court is investigating Israel and Hamas for suspected war crimes. However, legal academics argue that genocide is a more difficult crime to establish and question whether the US president can be forced to conclude that Israel is committing genocide and so must intervene.
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'Progress in ensuring justice for Rohingyas moves at snail's pace'
The progress in ensuring justice for the Rohingya is moving at a snail's pace, experts said Tuesday while reflecting on the fifth year of the Myanmar nationals' exodus to Bangladesh.
Creative solutions are yet to be found, they added.
The experts were speaking at the discussion "Rohingya Influx: Uncertainties at Hope" organised by ActionAid Bangladesh in partnership with, the Centre for Genocide Studies of the University of Dhaka, and the Centre for Peace and Justice of Brac University.
Despite some major decisions made by the International Court of Justice (ICJ) and the International Criminal Court (ICC) over the last couple of years, there has been little progress in furthering their cause for justice and accountability, Manzoor Hasan, chairperson of ActionAid International Bangladesh Society, said.
"The role of the UN bodies and the Association of Southeast Asian Nations (ASEAN) could have been far more robust, to say the least. The coup and current situation in Myanmar have only furthered the impunity enjoyed by the military," he added.
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ICC turns 20: Hague conference to mark milestone July 1
The International Criminal Court (ICC) has announced that a conference titled “International Criminal Court at 20: Reflections on the Past, Present and the Future” will take place on July 1 at the World Forum in The Hague, the Netherlands.
The conference will be webcast live in English, French and Spanish on the ICC’s YouTube channel.
The conference will be an occasion to celebrate the 20th anniversary of the International Criminal Court as one of the permanent pillars of the international legal system, said the ICC on Saturday.
The entry into force on 1 July 2002, of the ICC’s founding treaty, the Rome Statute, enabled the commencement of the Court’s operations under its mandate aimed at ensuring accountability for the gravest crimes under international law, contributing to their prevention, and providing justice to victims.
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The conference will start with a keynote speech by the Chair of Rome Conference and first ICC President Philippe Kirsch, followed by three substantive panels on various aspects on the Court's work.
Speakers will include the President, Prosecutor and Registrar of the ICC, the President of the Assembly of States Parties to the Rome Statute, the Chairperson of the Board of Directors of the ICC’s Trust Fund for Victims, the President of the International Criminal Court Bar Association, as well leading academics, civil society experts and practitioners.
The conference will allow for in-depth discussions on the different aspects of the Court’s concrete operations, from the earliest reports of alleged crimes to final judgments and the reparation of victims.
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It will also be an occasion for reflections on how well the ICC has met expectations, as well as what main trends can be discerned for the further development of the international criminal justice system going forward.
While in-person participation at the conference is by invitation only, virtual attendance is open to all interested persons.
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The United Nations Security Council should impose a global arms embargo on Myanmar and refer the situation in the country to the International Criminal Court (ICC), said Fortify Rights on Tuesday.
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