Such intimidation tactics are not only an affront to the rule of law, but also undermine the ICC's critical role in ensuring accountability for the most serious international crimes, including war crimes, crimes against humanity and genocide. These threats are also fundamentally at odds with the needs of victims of mass violence, as they seek to obstruct access to justice and deny them the accountability and redress they deserve.
The recent inflammatory statements by US lawmakers and their ongoing efforts to sanction ICC officials, alongside Israel’s alleged decade-long campaign of surveillance, hacking and intimidation of ICC officials, are unacceptable and undermine the ICC's efforts to uphold international justice and accountability. Despite significant support for ICC investigative and prosecutorial efforts against Russia related to the war with Ukraine, US lawmakers are now condemning the ICC's actions in issuing arrest warrants for leaders of Hamas and Israel as ‘disgraceful’ and ‘lawless’, once again threatening sanctions and calling the court a ‘rogue agency’ that undermines US sovereignty and national security. As a critical player in the international community, such actions risk alienating and diminishing US influence globally. US lawmakers must stop promoting selective justice and support the ICC’s independence and impartiality in all situations and for all cases.
The ICC was established to investigate and prosecute individuals for the most serious crimes of international concern and operates according to its foundational principle of complementarity, intervening only when national jurisdictions are unwilling or unable to prosecute the same persons and crimes under investigation at the ICC. The Court's independence and impartiality are paramount, and any attempts to undermine these principles threatens the integrity and effectiveness of international criminal proceedings.
We welcome the recent joint statement of 93 ICC States Parties in support of the ICC, and call on all 124 ICC member states to uphold their legal and moral commitments to support and cooperate with the ICC, to protect its independence, and ensure that it can carry out its mandate without fear of retaliation. It is imperative that the entire international legal community, including non-member states such as the US, stands united in defending the integrity and impartiality of the ICC against any attempts to undermine its work, in any conflict, in any region.
We must safeguard the ICC’s unique role as a symbol of hope and a strong pillar of international law and human rights.
*The IBA War Crimes Committee is a professional body of leading lawyers and international criminal law experts, dedicated to addressing grave breaches of international law and promoting justice and accountability. This statement has been supported by our officers and by our Advisory Board, which includes distinguished practitioners who bring a wealth of experience and expertise to our mandate. The committee works alongside the IBA Human Rights Institute to uphold the principles of accountability and justice globally.
The views expressed in this statement are those of the IBA War Crimes Committee and do not necessarily reflect the views of all individual members.
