The positive role of the International Criminal Court by ICC, UN News, WICC, agencies International Criminal Court, agencies 8:21am 5th Feb, 2025   Feb. 2025    Statement of ICC President Judge Tomoko Akane following the issuance of US Executive Order seeking to impose sanctions on the International Criminal Court:    I note with deep regret the issuance by the United States of an Executive Order seeking to impose sanctions on the officials of the International Criminal Court (ICC, Court), harm the Court’s independence and its impartiality and deprive millions of innocent victims of atrocities of justice and hope.    The ICC is a judicial body which performs functions that align with the interests of the international community by enforcing and promoting universally recognised rules of international law, including the law of armed conflicts and human rights law.    As atrocities continue to plague the globe affecting the lives of millions of innocent children, women and men, the Court has become indispensable. It represents the most significant legacy of the immense suffering inflicted on civilians by the world wars, the Holocaust, genocides, violence and persecutions.When most of the States of the world gathered to draft the Rome Statute, they made the dream of many women and men come true. Today, the ICC is dealing with proceedings arising from different Situations across the world, in strict adherence to the provisions of the Rome Statute.    The announced Executive Order is only the latest in a series of unprecedented and escalatory attacks aiming to undermine the Court’s ability to administer justice in all Situations. Such threats and coercive measures constitute serious attacks against the Court’s States Parties, the rule of law based international order and millions of victims.    The ICC and its officials from all over the world realise daily its judicial mandate to determine whether certain individual conducts, within its legitimate jurisdiction, give rise to responsibility for international crimes.    We firmly reject any attempt to influence the independence and the impartiality of the Court or to politicise our judicial function. We have and always will comply only with the law, under all circumstances.    The ICC stands firmly by its personnel and pledges to continue providing justice and hope to millions of innocent victims of atrocities across the world, in all Situations before it, in the sole interest of human dignity.    I call upon all those who share the values enshrined in the Statute to stand united in the Court’s defence: our 125 States Parties, civil society and all nations of the world.    23 Jan. 2025    Statement by the Bureau of the Assembly of States Parties in support of the independence and impartiality of the International Criminal Court:    The Bureau of the Assembly of States Parties to the Rome Statute expresses its deep concern over sanctions measures against the International Criminal Court (“the Court”) and its personnel, as well as individuals and entities who assist it in investigating, arresting, detaining, or prosecuting certain individuals.    Sanctions can severely hamper ongoing investigations in all situations and other activities of the Court and affect the safety of victims, witnesses and sanctioned individuals.    The Bureau regrets any attempts to undermine the Court’s independence, integrity and impartiality. We reiterate our firm commitment to uphold and defend the principles and values enshrined in the Rome Statute and to preserve its integrity undeterred by any threats or measures against the Court, its officials, its personnel and those cooperating with it.    The Rome Statute represents an international commitment to end impunity for the most serious crimes of concern to the international community as a whole. Safeguarding the Court’s integrity, including its judicial and prosecutorial independence, is fundamental to the successful discharge of its mandate to ensure accountability for such crimes and deliver justice to victims equally.    The Bureau emphasizes that the Assembly of States Parties stands firmly by the International Criminal Court, its elected officials, its personnel, and those cooperating with the Court. We stress the importance of the International Criminal Court in defending international justice and call on all States, international organizations and civil society to respect its independence and impartiality.    * The Bureau of the Assembly consists of a President, two Vice-Presidents and 18 members elected by the Assembly for three-year terms. The Bureau has a representative character and assists the Assembly in the discharge of its responsibilities.    http://www.icc-cpi.int/news/statement-icc-president-judge-tomoko-akane-following-issuance-us-executive-order-seeking http://www.icc-cpi.int/news/statement-bureau-assembly-states-parties-support-independence-and-impartiality-international http://www.icc-cpi.int/news/icc-statement-occasion-80th-anniversary-auschwitz-liberation http://buildingtrust.si/79-states-parties-in-support-of-the-icc/    Jan. 2025    Open Letter to U.S.Congress and the incoming Presedential Administration regarding US Sanctions on the ICC, from the Washington Working Group on the International Criminal Court (WICC).    To Members of the 119th Congress and the incoming Presidential Administration of Donald J. Trump:    The undersigned organizations write to express grave concerns and to unequivocally oppose the use of the sanctions authority of the United States to attack the International Criminal Court (ICC), an independent judicial institution dedicated to combating impunity for the gravest crimes known to humanity.    The ICC performs a vital role in international affairs by investigating the worst international crimes that shock the collective conscience of humanity and investigating those accused of committing those crimes. It does so in a manner that protects the due process rights of the accused, the sovereignty of states, including the United States, and the rights of victims. As has been widely observed, supporting the work of the Court is in the interest of the United States, and sanctioning it, conversely, undermines important US interests.    The positive role of the ICC has been recognized through previous bipartisan support for investigations into war crimes allegedly perpetrated by Russian officials in the Ukraine conflict (S.Res.531 and H.Res.963), attempts to bring justice for the victims of gross human rights violations in Myanmar, and as a pathway to accountability for perpetrators of atrocities in Sudan.    Many of the undersigned spoke out when the previous Trump administration subjected two senior ICC officials to sanctions and travel restrictions. At that time, we cautioned that it was “uniquely dangerous, extreme, and unprecedented to utilize a mechanism designed to penalize criminals, their aiders, and abettors, against an independent judicial institution.”    The previous sanctions against the Prosecutor and a member of her team raised serious concerns about the ICC’s ability to fulfill its mandate, including the Prosecutor’s obligation to report to the UN Security Council on the situations in Darfur and Libya, and to participate in the annual meetings of the Assembly of States Parties (ASP), the ICC’s oversight management and legislative body, where the US participates as an Observer.    In 2024, the House of Representatives passed the so-called “Illegitimate Court Counteraction Act.” Although the bill’s full scope was ambiguous, the legislative intent was to punish foreign persons who aid, materially assist, or provide financial support for efforts by the ICC to undertake certain investigations and prosecutions. The Biden administration strongly opposed the bill and the previous Senate did not vote on the legislation.    As human rights, legal, and faith-based organizations, the foundations of civil society, as well as individuals who have dedicated their careers to these causes, we decry attempts to attack an independent judicial institution and urge the 119th Congress and incoming administration to reconsider this misguided position.    Asset freezes and entry restrictions are tools intended to combat individuals and entities constituting a threat to US national security, such as kleptocrats committing grand corruption, gross human rights offenders, and perpetrators of war crimes and crimes against humanity. By applying these measures to a court that 125 countries – and on two occasions, the United Nations Security Council – have entrusted with providing accountability for atrocity crimes, the United States has brought upon itself the stigma of siding with impunity over justice.    In fact, Russia sanctioned some of the court’s judges last year, and the United States should not similarly adopt such vindictive tools. Such actions jeopardize the ability of desperate victims across all the court’s investigations to access justice, weaken the credibility of sanction tools in other contexts, and place the United States at odds with its closest allies.    The ICC represents and constitutes part of a global system of international justice of which the United States was a chief architect at Nuremberg and beyond. Today, the ICC, alongside other tribunals, regional mechanisms, and national courts, is carrying forward these efforts through investigations and prosecutions that could help realize justice for atrocity victims from Sudan to Myanmar to Ukraine.    As a court of last resort, the ICC only can intervene when and where a State has demonstrated unwillingness or inability to hold its nationals to account for crimes within the Court’s jurisdiction. The ICC therefore provides an essential backstop for victims who have no other recourse to justice. The use of sanctions has the potential for wide-reaching impact against this institution dedicated to advancing justice for victims.    The proposed sanctions were prompted by the arrest warrants issued on November 21, 2024, for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant. Practically, sanctioning the court or its officials would halt its work across all situations that are under its purview, including those critically important to the United States, such as the situation in Ukraine and in Sudan.    US citizens who represent victims and survivors also could be implicated for their work to help achieve justice for perpetrators of atrocity crimes.    The idea that justice can be selectively used to advance geopolitical concerns is a moral affront to all those who are in peril and an abrogation of the universality of human rights. An attack on the ICC in one situation is an attack on the rule of law itself.    At an historical moment when the global rule of law is under attack from multiple fronts, institutions like the International Criminal Court are needed more than ever to advance human rights protections and the universal goal of preventing future atrocities and advancing justice for victims.    Instead, sanctions send a signal that could embolden authoritarian regimes and others with reason to fear accountability who seek to evade justice. It is essential that the United States answer any allegation of wrongdoing in a manner that does not betray the cause of global justice, abandon international cooperation, or compromise support for human dignity and rights.    It would be a terrible irony if a tool designed to penalize gross violators of human rights could instead contribute to their continued impunity.    We urge other governments, Members of Congress, and advocates for victims everywhere to raise their voices to oppose attacks on the independence and autonomy of international judicial institutions like the ICC. We invite allies of justice to join us in standing against these destructive measures.    http://www.washingtonicc.org/2025-open-letter-regarding-sanctions-on-icc http://coalitionfortheicc.org/oppose-sanctions-against-ICC-safeguard-victims-access-justice http://www.coalitionfortheicc.org/cicc-urges-states-parties-defend-icc http://humanrightsfirst.org/library/sanctioning-the-icc-sets-back-justice-promoting-efforts-around-the-world/ http://news.un.org/en/story/2025/01/1158896 http://www.ohchr.org/en/press-releases/2025/01/un-experts-urge-us-senate-reject-international-criminal-court-sanctions-bill http://www.ohchr.org/en/opinion-editorial/2025/01/antisemitism    28 Oct. 2024    Demand for International Criminal Court’s work unprecedented amid record high threats, coercive measures worldwide, ICC President tells UN General Assembly. (UN News)    Speaking before the United Nations General Assembly, Tomoko Akane, President of the International Criminal Court (ICC), said the past year has been marked by an unparalleled increase in demand for the Court’s work, along with unprecedented levels of threats, pressures and coercive measures which pose a serious threat to administering justice.    “Let me be very clear on this. We cannot give up. We will not give up,” Ms. Akane told delegates. Presenting the criminal tribunal’s annual report of its activities from 1 August 2023 to 31 July 2024, she said, it is “sadly” becoming increasingly more relevant in today’s world. “I say sadly, because this reflects a painful reality that countless innocent civilians live in pain and misery in all regions of the globe,” she added.    Stressing the Court is not a political institution, she said its judges will always be fully independent and impartial in carrying out their duties. “We are only bound by the law and we do not change the course of our actions due to threats, be them political or of another nature,” she said, adding: “We will continue abiding by our mandate undeterred, with integrity, determination, impartiality and independence at all times.”    The number of States parties to the Court will reach 125 — about two-thirds of the international community — on 1 January 2025, when Ukraine officially becomes a member after having deposited its instrument of ratification of the Rome Statute, the Court’s founding treaty, on 25 October.    Detailing the Court’s “extraordinarily busy period” for the past 12 months, she said there were outstanding arrest warrants against 20 individuals, including four arrest warrants issued concerning the Ukraine situation in 2024, when the report was submitted.    On 4 October 2024, Pre-Trial Chamber I unsealed six arrest warrants in the Libya situation, bringing the total to 26. This does not include many other warrants issued under seal and the enormous work done by the different Pre-Trial Chambers, she said.    While continuing to enhance its tracking capabilities, arrest warrants cannot be executed without States’ cooperation. “Again, the Court urges all UN Member States to assist the Court by cooperating on the arrest and transfer of individuals subject to outstanding ICC arrest warrants,” she said.    The Court’s first in absentia confirmation case is being held regarding the situation in Uganda on the charges against Joseph Kony. The victims of his alleged crimes have been awaiting justice for over 18 years.    At the trial level, Trial Chamber X convicted Al Hassan Ag Abdoul Aziz Ag Mohamed Ag Mahmoud of crimes against humanity and war crimes committed between 2 April 2012 and 29 January 2013 in Timbuktu, northern Mali, in the context of control by Ansar Dine and Al-Qa’ida in the Lands of the Islamic Maghreb, known as AQIM. The Chamber’s sentencing decision is scheduled for 20 November.    Hearings continued in the Yekatom and Ngaïssona and the Said cases from the situation in the Central African Republic and in the Abd-Al-Rahman case from the situation in Darfur.    During the reporting period, the Chambers issued 532 written decisions, in addition to oral and email decisions, and 158 hearings were held, she said. In 2023, 14 arrest warrants were issued, including those under seal.    Turning to the Court’s mandate towards victims of mass atrocities, she said reparations are an integral part of the tribunal’s proceedings. Reparations proceedings in the Katanga case concluded in April, with a closing ceremony held in Bunia, Democratic Republic of the Congo, marking a historic milestone.    Reparations orders in several other cases are being implemented and about 24,000 individuals, 53 per cent more than in 2023, are directly benefiting from medical treatment, psychological rehabilitation, socioeconomic support, education and peacebuilding activities through the Trust Fund for Victims. Sixty-nine per cent of the beneficiaries are women.    “We are truly at a turning point in history. The rule-based approach to the conduct of hostilities and global affairs and the very notion of international criminal justice is under significant threat,” she said. “It is up to the international community to decide whether the rule of law at the international level should be defended or whether we ought to revert to the rule of power”.    Cooperation with United Nations crucial for advancing Global Justice    Philemon Yang, UN General Assembly President said that while the Court is separate from the United Nations, cooperation between the two institutions is crucial to advance global justice and promote international peace and security.    At the heart of the Rome Statute is the principle of complementarity, which recognizes that the Court functions as a court of last resort, only exercising its jurisdiction where national courts fail to do so.    “Accordingly, strengthening justice systems at the national level, including through capacity-building initiatives should be a priority for us all,” he said.    Noting the conflicts in Gaza, Ukraine and Sudan have seen the potential commission of heinous crimes, he said it is vital that impunity in these situations is not tolerated.    “States must prioritize accountability, ensure justice for victims and restore a sense of security within affected communities,” he stressed.    http://press.un.org/en/2024/ga12548.doc.htm http://asp.icc-cpi.int/sites/default/files/asp_docs/ASP-23-STMT-PICC-ENG.pdf http://asp.icc-cpi.int/sites/default/files/asp_docs/ASP-23-STMT-PROS-ENG.pdf http://www.icc-cpi.int/news Visit the related web page
	Next (more recent) news item
	Next (older) news item