Former prosecutor calls for EU statute blocking US sanctions on ICC members
A former International Criminal Court prosecutor is calling for an EU-wide statute to block US sanctions imposed on ICC judges and prosecutors following arrest warrants issued for Israeli officials.
Fatou Bensouda, a former ICC prosecutor, argues that US sanctions against ICC officials are a ‘thuggish’ attempt to undermine the court’s independence and calls for an EU-wide statute to prevent similar coercive measures.
Imagine the International Criminal Court is like a special detective agency for really serious crimes, like war crimes. Some countries, including the US, don't like the detective agency investigating certain people. So, they put a stop to the detectives' money and travel, trying to make it impossible for them to do their job. A former detective, Fatou Bensouda, thinks this is a bad idea. She wants the other countries in Europe to create a rule that stops this from happening, like a shield for the detectives. It's like if someone tried to stop you from playing your favorite game by taking away your toys – it's not fair! She says if countries keep doing this, the detective agency won't be able to solve crimes, and that's not good for anyone. She wants the countries to work together to protect the detectives and make sure they can keep doing their job.
Analysis
The article details the recent imposition of sanctions by the United States on eleven International Criminal Court officials, including nine judges and the chief prosecutor, in response to the ICC’s decision to issue arrest warrants for members of the Israeli cabinet, including Prime Minister Benjamin Netanyahu. According to Fatou Bensouda, a former prosecutor at the ICC, these sanctions represent a ‘thuggish’ and ‘bullying’ attempt to interfere with the court’s independent judicial functions. She argues that the US is using sanctions as a tool of political coercion to force the ICC to abandon its investigation into alleged war crimes committed in the Palestinian territories. ‘These are coercive attempts to interfere with the independent exercise of judicial and prosecutorial functions established under international law,’ Bensouda stated. The sanctions have effectively locked the judges out of the European financial system, making it impossible for them or their families to live normal lives. She warns that without a coordinated response, the ICC’s capacity to operate will be severely undermined, potentially leading to a situation where qualified professionals are deterred from serving at the court due to the risk of personal and financial ruin. Bensouda emphasizes the need for ‘structural resistance’ to these coercive measures, advocating for state parties to establish legal, defense, and indemnification mechanisms to protect ICC personnel from sanctions. She specifically calls for the EU to trigger the EU blocking statute, which would prevent EU member states from enforcing US sanctions against the court. Furthermore, she urges state parties to adopt domestic legislative safeguards to prevent cooperation with coercive measures directed against lawful ICC activity. The article highlights the Dutch government’s perceived inaction in protecting ICC judges, despite its role as host to the court, and the growing concerns about the potential for sanctions to become a normalized tool of judicial intimidation. According to Bensouda, the US aims to ‘fade the ICC into oblivion’ through these sanctions, distorting the purpose of sanctions from a deterrent to a tool of political signalling. "The ICC is not a hostile government. It is not an armed group. It is not a terrorist organization. It is not a sanctions evader," she said. "And using sanctions against judicial actors represents a dangerous misuse of a tool originally justified for fundamentally different purposes."
Key points
- The US imposed sanctions on 11 ICC officials, including nine judges and the chief prosecutor.
- The sanctions were in response to the ICC issuing arrest warrants for members of the Israeli cabinet.
- Fatou Bensouda argues the sanctions are a ‘thuggish’ attempt to undermine the ICC’s independence.
- She calls for an EU-wide statute to block US sanctions.
- The sanctions have effectively cut off the judges’ access to the European financial system.
