ICC President Rejects Pressure from US and Russia Amid Sanctions

The president of the International Criminal Court (ICC), Judge Tomoko Akane, asserted that the court will not yield to pressure from the United States or Russia during its annual meeting held in The Hague on October 16, 2023. This declaration comes in the wake of sanctions imposed by the U.S. and retaliatory actions from Russia against court staff following ongoing investigations into alleged war crimes.

In recent months, nine ICC staff members, including six judges and the chief prosecutor, have faced sanctions from U.S. President Donald Trump. These sanctions were enacted due to the court’s investigations involving U.S. and Israeli officials. Concurrently, Russia has issued warrants for ICC personnel as a response to an arrest warrant for President Vladimir Putin, connected to the ongoing conflict in Ukraine.

“We never accept any kind of pressure,” Judge Akane told representatives from the ICC’s 125 member states. The sanctions have significantly impacted the court’s ability to conduct its work, particularly as it grapples with increasing demands on its resources.

In her address last year, Judge Akane expressed concerns over threats posed by the incoming Trump administration. Shortly after taking office, Trump signed an executive order that targeted Prosecutor Karim Khan for his investigations into Israel, a key ally of the U.S. The ICC has issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former defense minister Yoav Gallant for their alleged roles in war crimes linked to Israel’s military operations in Gaza following the attacks by Hamas on October 7, 2023.

Challenges Facing the ICC

The weeklong meeting of the ICC commenced with discussions surrounding its budget, amid increasing scrutiny and negative media coverage. Established in 2002, the ICC serves as the world’s permanent court to prosecute individuals for serious crimes, including war crimes, crimes against humanity, genocide, and the crime of aggression. Notably, major powers such as the U.S., Israel, Russia, and China are not members of the court.

The ICC acts primarily when nations are either unable or unwilling to prosecute these crimes within their own jurisdictions. Lacking a police force, the court relies on member states to carry out its arrest warrants.

Adding to the court’s challenges, Prosecutor Karim Khan has temporarily stepped down while an investigation into allegations of sexual misconduct is underway. He has denied these allegations. Päivi Kaukoranta, the president of the Assembly of States Parties, acknowledged that the investigation has taken longer than anticipated. “I am well aware that states have been frustrated with the length of this process,” she stated in her opening remarks, yet no timeline has been established for the investigation’s completion.

As the ICC navigates these complex challenges, its ability to maintain independence and uphold its mandate remains a focal point for member states and the international community.