International Criminal Court: Sanctions threaten global fight against impunity

Annalena Baerbock’s statement came as the assembly discussed the ICC’s annual report in the light of United States’ sanctions imposed on judges and prosecutors this year.

The sanctions stem from an executive order in February in response to the UN-backed court issuing arrest warrants for Israel’s Prime Minister and then defence minister, for alleged war crimes in Gaza.

Sanctions can include blocking financial access to property or assets in the US, as well as travel bans.

See our explainer on the ICC, here.

Ms. Baerbock recalled that the court was founded on the principle that “justice is a universal duty” but that its task remains unfulfilled.

“For more than two decades, the court has confronted impunity and shown that even in the darkest moments, accountability remains possible,” she said. “Yet, today, as we witness atrocities that continue to shock humanity’s conscience, it is evident that the court’s mission is far from complete.”

‘Deliberate attacks’ against the court

Ms. Baerbock highlighted the importance of international cooperation for investigations, arrests and the execution of warrants, as well as the need for independence as a safeguard to ensure crimes are prosecuted under the Rome Statute, the international treaty that founded the court.

But the court has not been free from interference, she underlined.

“Court officials have been sanctioned for defending the rule of law and pursuing accountability; and its systems have faced cyberattacks intended to undermine the court’s credibility,” Ms. Baerbock said.

“These are not isolated incidents; they are deliberate attacks against the court which aim to weaken the rule of law and erode faith in international institutions.”

End ‘intimidation’ urges resolution

The resolution presented at Tuesday’s meeting underlines that ICC officials should be able to carry out their mandate “without intimidation” and “condemns any threats, attacks or interference against the Court, its personnel or those cooperating with it.”

The President of the ICC Judge Tomoko Akane, told delegates the court’s judgments remind the international community that justice “transcends borders and interests” but that when “judges are pressured, threatened, or undermined, the credibility of international law itself is weakened.”

“Attacks, threats and coercive measures against the court and its officials have persisted and continue to pose a serious threat to the administration of justice by the court and the global fight against impunity,” she added.

Decisions, reparations

Ms. Akane outlined the achievements and challenges facing the court and called on Member States to defend the international legal system.

She mentioned some key cases before the court including individuals accused of serious crimes in Sudan, Afghanistan and Israel, but reminded that arrest warrants can only be executed with the cooperation of States.

During the year to August, over 18,000 victims have participated in cases before the ICC.

“The court gives victims a voice, a space to tell their stories, and the hope that truth will be acknowledged and responsibility established,” said Ms. Akane before stressing reparations are an integral part of proceedings.

She referred to the Trust Fund for Victims set up by ICC members, as a tool that has delivered tangible results – in Uganda for instance – where nearly 50,000 victims received financial reparations for war crimes committed against them.