ICC condemns new US sanctions on judges

August 22, 2005

THE International Criminal Court (ICC) and the Assembly of States Parties (ASP) have strongly condemned new sanctions imposed by the US on four senior ICC officials, calling the move a direct attack on international justice and judicial independence.

On August 20, the US State Department announced sanctions against two ICC judges — Kimberly Prost (Canada) and Nicolas Guillou (France) — and two deputy prosecutors, Nazhat Shameem Khan (Fiji) and Mame Mandiaye Niang (Senegal).

The measures were enacted under Executive Order 14203, which targets individuals involved in ICC investigations or prosecutions of US or Israeli nationals without their respective governments’ consent.

The US claims the designations are a response to what it calls ‘illegitimate actions’ by the ICC, including authorising investigations into alleged US war crimes in Afghanistan and supporting arrest warrants against Israeli Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant.

‘These sanctions are intended to impose tangible consequences on those who directly engage in politically motivated legal actions against Americans and Israelis,’ the State Department said.

The sanctions freeze any US-based assets of the named officials and prohibit US persons from engaging in transactions with them.

In a sharp rebuttal, the Presidency of the Assembly of States Parties said it viewed the US actions with ‘deep concern’, calling them an ‘affront o the independence of the Court and the integrity of the Rome Statute system’.

‘These measures are regrettable attempts to impede the Court and its personnel in the exercise of their independent judicial functions,’ the ASP said in a statement.

‘Such actions risk hampering ongoing investigations and undermining global efforts to ensure accountability for the gravest crimes.’

The ICC, established by the Rome Statute in 2002, is tasked with prosecuting individuals for genocide, war crimes and crimes against humanity.

While the US is not a party to the treaty, the Court has jurisdiction over crimes committed on the territory of member states, including Afghanistan and Palestine.

Relations between the US and the ICC have been strained in the past, but this latest move marks an escalation, especially amid the Court’s ongoing investigations into the current Gaza conflict and the war in Afghanistan (2001-2021).

Despite US opposition, the ASP reaffirmed its ‘full support’ for the Court and urged member states to defend its officials from external threats.

‘In these challenging times, the international community must reaffirm its collective commitment to the rule of law and to ensuring that no one is above accountability,’ the statement concluded.

In February this year, the US sanctioned ICC Chief Prosecutor Karim Khan.

So far, the US has placed sanctions on six ICC judges and two deputy prosecutors.