UN Experts Urge US Senate To Reject International Criminal Court Sanctions Bill Passed By House Of Representatives

GENEVA (10 January 2025) – UN experts* today urged the US Senate to oppose a bill seeking to impose sanctions and cut funding to the International Criminal Court (ICC), after the tribunal issued arrest warrants against Israeli leaders accused of war crimes and crimes against humanity in Gaza.

The experts are dismayed by the passage of an Act in the US House of Representatives on Thursday (9 January), which sanctions the ICC following the court’s decision to issue warrants for Israeli Prime Minister Benjamin Netanyahu and former Israeli defence minister, Yoav Gallant.

“It is shocking to see a country that considers itself a champion of the rule of law trying to stymie the actions of an independent and impartial tribunal set up by the international community, to thwart accountability,” the experts said.

“Threats against the ICC promote a culture of impunity. They make a mockery of the decades-long quest to place law above force and atrocity,” the experts warned.

They recalled that the ICC is the legacy of the Nuremberg trials, and the commitment to never allow heinous crimes, such as those committed during World War II, to go unpunished. The ICC has the mandate to investigate and prosecute individuals for the grave international crimes of genocide, war crimes, and crimes against humanity.

“The tireless work of brave legal professionals at the ICC is the main driver for accountability. The work of its prosecutors becomes the foundation upon which our efforts to uphold the integrity of the system of international law is resting,” the experts said.

“We call upon all State Parties to the ICC and on all Member States in general, to observe and respect international standards, as it relates to legal professionals working to bring accountability for the most grave international crimes.”

“International standards provide that lawyers and justice personnel should be able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference; and should not suffer, or be threatened with, prosecution or administrative, economic or other sanctions for any action taken in accordance with recognised professional duties, standards and ethics,” they warned.

The bill titled the ‘Illegitimate Court Counteraction Act’, which would take effect 60 days after enactment, would sanction any individual working to investigate, arrest, detain or prosecute American citizens or an official from an allied U.S. country, including Israel. It would also rescind any funds the U.S. has designated for the ICC and prohibit any future money for the court.

“Imposing sanctions on justice personnel for fulfilling their professional responsibilities is a blatant violation of human rights, striking at the core of judicial independence and the rule of law. The passage of a bill that creates a blind spot for justice regarding certain countries not only legalises double standards and impunity but irreparably undermines the spirit of universality that the international justice system is built upon,” the experts said. “Such actions erode public trust in the impartiality and integrity of justice and set a dangerous precedent, politicising judicial functions and weakening the global commitment to accountability and fairness," they said.

They warned that if carried out, the sanctions would appear to amount to offenses against the administration of justice under Article 70 of the Rome Statute. Article 70 punishes efforts to impede or intimidate an official of the Court or to retaliate against an official of the Court on account of duties performed by that official.

“We urge US lawmakers to uphold the rule of law and the independence of judges and lawyers, and we call on States to respect the Court’s independence as a judicial institution and protect the independence and impartiality of those who work within the Court,” the experts said.

The experts have been in touch with the United States of America about their concerns.

*The experts: Margaret Satterthwaite, Special Rapporteur on the independence of judges and lawyers; Francesca Albanese, Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967; George Katrougalos, Independent Expert on the promotion of a democratic and equitable international order.

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