US President Trump has long had his sights set on the International Criminal Court. Now he is imposing further sanctions - just a few hours after the Nobel Prize was awarded to a former judge.
First there were sanctions against individual judges and prosecutors, now the entire court is affected by US punitive measures.
Washington/The Hague. The US government has imposed sanctions against the International Criminal Court (ICC). The US State Department said it would prohibit transactions with the court, cut off its resources and restrict its ability to act. There had previously been US sanctions against individual judges and prosecutors at the World Criminal Court based in The Hague.
According to the US State Department, the sanctions will block any ICC assets in the US and must be reported to the US Treasury Department. US citizens are prohibited from all transactions with the International Criminal Court. At the same time, the sanctions should only come into force after 180 days in order to “demonstrate substantial progress on diplomatic and legal resolutions that address fundamental U.S. concerns about the International Criminal Court.”
The US government's announcement came just hours after the Nobel Peace Prize was awarded to South African lawyer Navanethem Pillay. Pillay was a judge at the court from 2003 to 2008. The award comes at a time when international law is coming under increasing pressure, Pillay said in a first statement after her award. “This deteriorating development is particularly evident in the attacks on the International Criminal Court,” said the lawyer.
Several contracting states reject sanctions
Nine states parties to the court, including Germany, pledged “continued and unwavering support for the independence, impartiality and integrity of the ICC.”
They firmly rejected the announced sanctions and also assured the court of support in order to guarantee the court's functionality.
At the same time, they emphasize their willingness to engage in constructive dialogue with non-contracting states. The declaration was signed by Germany, Canada, Denmark, France, Italy, Japan, the Netherlands and Great Britain.
Germany and the EU stand behind the World Criminal Court
The new punitive measures are not unexpected. The USA had already threatened to do so. US President Donald Trump called on states to leave the court at the UN General Assembly in September. Germany, the Netherlands and other EU states then assured the court of their full support.
In its initial reaction, the EU Commission expressed concern about the US's actions. She announced that she wanted to continue working with the World Criminal Court so that it could work effectively. At the same time, she hopes for a dialogue until the sanctions come into force.
Federal Justice Minister Stefanie Hubig spoke of a dark day for international law and the idea of a rules-based world order. The SPD politician said it was a “bitter punch line” that this happened on the same day that a former court judge was awarded the Nobel Peace Prize. The International Criminal Court is a peace project, because peace comes from justice. She emphasized: “Germany has stood up for the International Criminal Court from the very beginning - and we must continue to do so.”
Criticism of new US sanctions
The court itself condemned the punitive measures taken by the USA. “It is an attack on the rule of law and on the foundations of the international legal order that undermines the simple principle that no one is above the law,” the court said in a statement. It spoke of an “unprecedented step”. The US government had previously imposed sanctions on 13 judges and prosecutors. The US attempted to “obstruct the course of justice,” the court said.
One reason for the sanctions is that the court issued an arrest warrant against Israeli Prime Minister Benjamin Netanyahu on suspicion of war crimes in the Gaza Strip.
The court has 125 states parties and has been prosecuting war crimes, crimes against humanity and genocide since 2002. The USA, like China, Israel and Russia, are not members.
This is how the USA justifies its unprecedented actions
US Secretary of State Marco Rubio justified the action, among other things, by saying that the USA had never joined the court. "We don't need him. And we don't want him," he continued. For “decades,” Democrats and Republicans alike have rejected the idea that the International Criminal Court should have the ability to “prosecute American citizens, members of the military or political leaders.”
