The ICC Under Siege: Battling Global Power Plays to Uphold Justice

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The president of the International Criminal Court (ICC), Tomoko Akane, has raised concerns over mounting attacks on the tribunal, primarily from Washington and Moscow, warning that such pressures could jeopardize the court’s very existence.

According to the sources of Leaders, speaking at the ICC’s annual conference in The Hague on Monday, Akane detailed how the tribunal has been subjected to “coercive measures, threats, pressure, and acts of sabotage,” though she refrained from explicitly naming the United States and Russia. Both countries have criticized the court after it issued arrest warrants against Israeli and Russian officials for alleged war crimes in Gaza and Ukraine, respectively.

Akane highlighted the severity of the threats, stating, “The court is being threatened with draconian economic sanctions by another permanent member of the Security Council as if it was a terrorist organization.”

The United States has been particularly vocal, with some politicians threatening sanctions on ICC officials after the court issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant over alleged war crimes in Gaza. Republican Senator Lindsey Graham recently called the ICC a “dangerous joke” and warned of penalties against the tribunal and any nations cooperating with it.

“To any ally – Canada, Britain, Germany, France – if you try to help the ICC, we’re going to sanction you,” Graham declared during a Fox News appearance. Meanwhile, Senator Tom Cotton has even suggested the possibility of using military force against the ICC.

As per the reports of Leaders sources, the situation has grown increasingly tense following the ICC’s arrest warrants against Netanyahu, Gallant, and a Hamas leader last month. In June, the Republican-controlled US House of Representatives passed a bill to impose sanctions on the ICC, though the measure has yet to be addressed by the Senate, currently controlled by Democrats.

Russia has also escalated its opposition to the tribunal. Last week, Moscow issued an arrest warrant for ICC Judge Haykel Ben Mahfoudh, adding to earlier indictments against ICC officials, including Prosecutor Karim Khan, after the court’s issuance of arrest warrants for Russian President Vladimir Putin and military leaders over alleged war crimes in Ukraine.

Akane described these moves as attempts to undermine the court’s legitimacy and its ability to uphold international law. “The court has been subjected to attacks seeking to undermine its legitimacy and ability to administer justice,” she said, calling these efforts “appalling.”

She warned that such threats could lead to the collapse of the ICC, with devastating consequences for global justice. “The fall of the court would imply the fall of the rule of law in the international community,” Akane cautioned. “Victims would no longer be able to obtain justice. For many of them, a world without the ICC is inconceivable.”

The ICC, established in 2002, prosecutes war crimes, crimes against humanity, genocide, and acts of aggression when national governments fail to act. While neither the US nor Israel is a member of the ICC, the court has ruled that it has jurisdiction over Gaza and the West Bank because Palestine is a signatory to the Rome Statute, the treaty that established the ICC.

The court’s recent warrant against Israeli leaders marked the first time it has acted against a close Western ally, further intensifying tensions and sparking backlash from countries like the United States.

“We firmly reject any attempt to influence the independence and impartiality of the court,” Akane declared, reiterating the tribunal’s commitment to justice despite mounting challenges.

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