(Central News Agency, Washington, September 9, Comprehensive Foreign News Report) After Navi Pillay, a South African jurist who served on the International Criminal Court (ICC) and accused Israel of committing genocide in Gaza, was awarded the Nobel Peace Prize, the United States announced sanctions on the ICC. This move may seriously paralyze the operation of the court and once again aggravate tensions between the United States and Europe.
AFP compiled the possible impact of this round of sanctions, the possible response measures taken by the International Criminal Court and Europe, and the reasons behind Washington's unprecedented sanctions. The ICC denounced the sanctions as an "attack on the rule of law."
●What is the International Criminal Court? What tasks are you responsible for?
The ICC is located in The Hague, Netherlands, with approximately 900 employees from 100 countries. It is responsible for prosecuting those suspected of committing the world's most serious crimes, including war crimes, crimes against humanity and genocide.
The ICC was established according to the 2002 "Rome Statute" and currently has 125 parties. Major powers such as the United States, Russia, China, India and Israel are not party parties.
The ICC follows the strict principle of complementarity, which means it will only intervene when the suspect's country is unwilling or unable to hear the case itself.
Since its inception, the ICC has convicted 15 people and acquitted four others. Critics say the ICC focuses too much on investigating war crimes in Africa but fails to convict key political leaders.
The court's most high-profile case currently involves former Philippine President Rodrigo Duterte, who is the first Asian former head of state to stand in the dock.
●What impact will sanctions have?
The Trump administration has repeatedly sanctioned senior ICC officials, but the newly announced sanctions further target the entire institution.
ICC officials are concerned that sanctions may affect their ability to use banking, credit card, insurance, and especially technology systems because the ICC is highly dependent on U.S. systems.
Acting Chief Prosecutor Mame Mandiaye Niang said in an exclusive interview with AFP recently, "In the past, we relied heavily on American technology solutions, such as Microsoft (Microsoft) and related systems. We are trying to find alternatives that may not be as effective as American technology, but at least allow us to maintain our independence and continue to operate."
Niang himself is also a target of sanctions. He said the sanctions had severely disrupted his daily life, preventing him from booking transportation services, restaurants and conducting banking transactions.
If the scope of sanctions is extended to the entire agency, the ICC's ability to pay staff salaries, send personnel abroad to investigate, protect witnesses, and even maintain the operation of detention facilities will be tested.
●What measures can the Netherlands and Europe take?
The Netherlands, where the ICC is located, has special responsibilities for the institution in accordance with the Headquarters Agreement signed in 2008. The agreement requires the Netherlands to protect ICC facilities and staff, provide "all means of communication" and ensure that its "financial assets are not subject to restrictions".
Dutch Prime Minister Rob Jetten delivered a rare strongly worded speech at the United Nations General Assembly last month, vowing to defend the ICC "in my country and my city."
Regarding the sanctions announced by Washington, Ye Teng said that the Netherlands will take "all necessary means" to ensure that the ICC can continue to operate.
One of the measures the European Commission may take is to activate a legal tool called a "blocking mechanism".
The mechanism prohibits European companies from complying with U.S. sanctions, giving the EU a chance to mitigate some of the sanctions' impact.
Dutch Foreign Minister Tom Berendsen said that the EU's blocking mechanism is regarded as a "nuclear option", but the Netherlands has asked Brussels to prepare for activation.
Ye Teng pointed out that there is a 6-month buffer period before the sanctions take effect, and this time should be used to start a dialogue with Washington. "This will give us ample time."
●Why does the United States sanction the International Criminal Court?
The United States is strongly dissatisfied with the ICC's issuance of an arrest warrant for Israeli Prime Minister Benjamin Netanyahu. Netanyahu has been charged with crimes related to Gaza, and Israel is a close ally of the United States.
The United States is also worried that the ICC's investigation into Afghanistan may lead to charges against American personnel.
Trump has recently stepped up his attacks on the ICC, calling it a "rogue institution" and an "evil group"; the United States has also threatened to "gradually dismantle" the ICC.
Even under a less tough-minded president, Washington has always had reservations about the ICC and has never considered joining.
