In November, the ICC issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant on charges of war crimes and crimes against humanity in Gaza.
Read here for an analysis of this decision and possible next steps. Click here for an explanation of ICC.
Asked by reporters during a regular midday briefing whether the UN Secretary-General had a view on the parliamentary bill, Spokesperson Stephane Dujarric said that while he would not comment on individual laws, “We have a principled We have a position…and that is while we are independent.” From the Secretariat’s perspective, the Secretary-General has great respect for the Court and the work of the International Criminal Court, which is itself a very important pillar of international justice. ”
Expert – Margaret Satterthwaite, Special Rapporteur on the independence of judges and lawyers. Francesca Albanese, Special Rapporteur on the situation of human rights in the Occupied Palestinian Territories, and George Catorgalos, Independent Expert on the Promotion of a Democratic and Fair International Order, outlined their concerns in a statement.
“Shocking” move
They are disappointed that the US House of Representatives passed a bill on Thursday imposing sanctions for the ICC’s decision. The court also issued an arrest warrant for the former Hamas commander, along with other commanders.
“It is shocking to see a country that sees itself as a defender of the rule of law try to obstruct the action of an independent and impartial tribunal set up by the international community in order to prevent accountability,” the experts said. It’s shocking.”
“Threats against the ICC promote a culture of impunity. They make a mockery of decades of efforts to prioritize the law over force and brutality.”
The experts wrote to U.S. authorities expressing their concerns.
ICC promotes accountability
The ICC was established under a 1998 treaty known as the Rome Statute. Although the United States is not a party to the law along with dozens of other countries, 125 countries are members of the court.
It is tasked with investigating and prosecuting serious international crimes such as genocide, war crimes and crimes against humanity. It is based in The Hague, Netherlands.
Experts said the ICC was a legacy of the Nuremberg trials that held Nazi leaders accountable and reminded them of their determination to never go unpunished for heinous crimes like those committed during World War II.
“The tireless efforts of the ICC’s brave legal professionals are a key driver of accountability. The prosecutor’s work is fundamental to our efforts to maintain the integrity of the international legal system. ” they said.
ICC Prosecutor Karim Khan visited a landfill in Tarhuna, Libya, where more than 250 people have been identified in numerous mass graves. (file)
Respect for the legal profession
The two leaders called on all States Parties to the ICC and all United Nations Member States in general to abide by and respect international standards for legal professionals to account for the most serious international crimes.
“International standards require that lawyers and members of the judiciary must be able to perform all of their professional functions without intimidation, obstruction, harassment or undue interference. They should not be subject to or threatened with prosecution or administrative, economic, or other sanctions for actions performed in accordance with professional duties, standards, and ethics,” they explained.
“Blind spot of justice”
They said the bill, titled the “Combatting Unlawful Courts Act,” would go into effect 60 days after enactment.
It would sanction any individual who engages in the investigation, arrest, detention, or prosecution of U.S. citizens or officials of allied nations, including Israel. U.S. funds earmarked for the ICC will also be revoked and future funding to the court will be prohibited.
Experts said imposing sanctions on judicial officials who have fulfilled their professional responsibilities is a “blatant violation of human rights” that undermines the foundations of judicial independence and the rule of law.
“Passing legislation that creates judicial blind spots with respect to particular countries not only legitimizes double standards and impunity, but also irrevocably undermines the spirit of universality that is the basis of the international justice system. ” they said.
“Such conduct undermines public confidence in the fairness and integrity of the judiciary, sets a dangerous precedent, politicizes judicial functions, and undermines global commitments to accountability and fairness,” they said. added.
protect the independence of the judiciary
They warned that this sanction, if implemented, would appear to amount to a violation of the administration of justice under Article 70 of the Rome Statute. The law punishes acts that interfere with, threaten, or attempt to retaliate against court officials. mission.
“We call on American lawmakers to protect the rule of law and the independence of judges and lawyers. We also urge countries to respect the independence of courts as judiciary institutions and to protect the independence of those who work within them. I urge you to maintain fairness.” .
About UN experts
Special Rapporteurs and independent experts are mandated by the United Nations Human Rights Council, headquartered in Geneva.
They work on a volunteer basis, are not UN employees, and do not receive a salary for their work.
Experts are independent from governments and organizations and act in their individual capacity.
