Trump Steps Up Conflict with International Criminal Court
HAVANA TIMES – The confrontation between the US government and the International Criminal Court (ICC) intensified in recent days, following Washington’s announcement of new sanctions against judges and prosecutors of the court for their participation in investigations involving the United States and Israel.
On August 20, US Secretary of State Marco Rubio announced measures against two of the court judges, Canadian Kimberly Prost and Frenchman Nicolas Guillou, as well as two deputy prosecutors, Nazhat Shameem Khan of Fiji, and Mame Mandiaye Niang of Senegal.
According to Rubio’s office, the sanctions were imposed due to “their direct involvement in the ICC’s efforts to investigate, arrest, detain, or prosecute US or Israeli nationals without the consent of either nation.”
The sanctions mean that the judges face the freezing of any assets they may have in the United States and a ban on transactions, including the receipt of funds, from US citizens or entities.
The ICC responded with a strong statement condemning “a flagrant attack on the independence of an impartial judicial institution established by 125 member states from all regions.”
The court said that the sanctions not only constitute an attack on its judges, but also “an affront to the Court’s member states, the rules-based international order, and, above all, to the millions of innocent victims around the world.”
Washington’s measures are part of the foreign policy being implemented by US President Donald Trump, highlighted by his strong support for the actions of Israeli Prime Minister Benjamin Netanyahu in the conflictive situation in the Middle East.
The judges sanctioned this week are involved in investigations into crimes allegedly committed by US military personnel in Afghanistan, while the sanctioned prosecutors have been involved in inquiries into Israel’s responsibilities during the ongoing conflict in the Palestinian territories.
The recent sanctions join those already imposed on four other ICC judges and on prosecutor, Karim Khan, who issued an international arrest warrant against Netanyahu in November 2024 for charges of war crimes and crimes against humanity in the Palestinian Gaza Strip.
Khan has currently stepped back from his duties while awaiting the outcome of an administrative investigation into accusations of sexual misconduct towards an employee, allegations that the prosecutor denies.
The ICC was not intimidated by Washington’s actions, stating in its declaration that it “will continue to fulfill its mandate, undeterred, in strict compliance with its legal framework, as adopted by the member states, and without fear of any restriction, pressure, or threat.”
The text called on “governments that share the values of humanity and the rule of law” to provide “firm and constant support to the Court and its work, which is carried out exclusively for the benefit of victims of international crimes.”
From Geneva, Switzerland, the United Nations High Commissioner for Human Rights, Volker Türk, insisted on Thursday, August 21: “the relentless escalation of reprisals by the United States against international institutions and their staff must cease.”
“Sanctioning judges and prosecutors—whether they work at the national, regional, or international level—for fulfilling their mandates in accordance with international law constitutes an attack on the rule of law and undermines justice,” Türk asserted.
He also called for the complete withdrawal of sanctions against judges and prosecutors, as well as against Francesca Albanese, the UN Special Rapporteur on the situation in the occupied Palestinian territories, who was also sanctioned by Washington last month.
The ICC, created at the initiative of the UN General Assembly, has been in operation since 2002. It is governed by the Rome Statute, and has the mission of trying individuals accused of genocide, war, aggression, and crimes against humanity.
Although 125 states are parties to the Rome Statute— including most of the Americas, Europe, Africa, and Oceania—countries including the United States, Russia, China, India, Israel, Cuba, and Iraq are not.
First published in Spanish by IPS and translated and posted in English by Havana Times.