The US Department of State imposed [11] sanctions on June 5 on four individuals currently serving as judges on the International Criminal Court (ICC) for their involvement with the ICC's investigations into the US and Israel. These sanctions were imposed pursuant to Executive Order No. 14,203 [12], entitled "Imposing Sanctions on the International Criminal Court," which President Donald Trump signed on Feb. 6. The order was originally signed in response to the ICC's warrants for Israeli Prime Minister Benjamin Netanyahu and former defense minister Yoav Gallant. The stated purpose of this order was to underline the position that the US and Israel are not within the jurisdiction of the ICC under the Rome Statute [13], and therefore any investigation into the actions of the two countries is invalid.
The newly-sanctioned individuals include Second Vice-President Reine Adelaide Sophie Alapini Gansou (Benin), Judge Solomy Balungi Bossa (Uganda), Judge Luz del Carmen Ibáñez Carranza (Peru) and Judge Beti Hohler (Slovenia). Under the US sanctions, all property and interests in property of the sanctioned persons that are in the US, or in possession or control of US persons, are blocked, and all transactions by US persons or within (or transiting) the US that involve any property or interests in property of the designated persons are prohibited, unless authorized by a general or specific license.
The State Department explained that Bossa and Ibanez Carranza were sanctioned because of their ruling to authorize the ICC's reopening of an investigation of possible war crimes by US forces in Afghanistan, while Alapini and Hohler were sanctioned because they authorized the ICC's issuance of arrest warrants for Netanyahu and Gallant.
The statement said that the US does not take these sanctions lightly, emphasizing that this action "reflects the seriousness of the threat [the US] face[s] from the ICC's politicization and abuse of power."
The ICC responded [15] in a press release, expressing its unwavering support of Court personnel and calling the sanctions a direct attack on the independence of the Court. The ICC stated:
These measures are a clear attempt to undermine the independence of an international judicial institution which operates under the mandate from 125 States Parties from all corners of the globe… The ICC stands fully behind its personnel, and will continue its work undeterred, in strict accordance with the Rome Statute and the principles of fairness and due process, with a view to bringing justice to victims of war crimes, crimes against humanity, genocide and the crime of aggression.
From JURIST [16], June 6. Used with permission.
See our last reports on the ICC investigations into the US in Afghanistan [17] and Israel in Gaza [18], and genocide accusations [19] against Israel.
