In The Hague, the chief prosecutor of the International Criminal Court (ICC) finds himself in a challenging situation as he faces various sanctions imposed by former U.S. President Donald Trump. These sanctions have resulted in him losing access to his email, having his bank accounts frozen, and even posing risks of arrest for some American colleagues if they travel to the U.S.
The political situation stems from the sanctions Trump implemented back in February, which directly targeted the court’s chief prosecutor, Karim Khan. Since then, NGOs have become hesitant to engage with the ICC, with some leaders refraining from responding to court officials’ communication. Such challenges have been noted by various international legal experts and human rights advocates. Liz Evenson from Human Rights Watch pointed out that these sanctions obstruct justice for victims as they hinder the ICC’s operations.
Trump’s sanctions came shortly after ICC judges issued arrest warrants against Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant in connection to alleged war crimes during Israel’s operation against Hamas in Gaza. Though Israeli officials firmly deny these accusations, the sanctions severely impact the ICC’s functioning, making simple tasks daunting, let alone working on justice in war-crime scenarios.
A representative from the ICC and Khan remained tight-lipped regarding the specifics of the sanctions. Still, ICC President Judge Tomoko Akane had earlier stated the sanctions represented a significant attack against the court’s efforts. The prohibitive measures restrict Khan and other non-American ICC staff from entering the U.S. They also place heavy penalties on those providing him with any form of support.
These sanctions not only hit the investigation concerning Israeli leadership but also stall other important investigations, including those pertaining to atrocities in Sudan. The situation regarding former Sudanese President Omar al-Bashir also remains unresolved, with escalating concerns over ongoing violence in the region influencing current strategies.
ICC prosecutor Eric Iverson, under sanctions, has filed a lawsuit in the U.S. courts to overturn these restrictions, wishing to regain operational freedoms. Meanwhile, American staffers at the ICC have received legal advisories warning of potential arrests if they return home. Six senior staff members have already left due to these concerns. The court is noticing reduced collaboration with its usual network of NGOs and independent contractors due to fears of U.S. government backlash. Microsoft, one of Khan’s service providers, withdrew its email support for him, further illustrating the tension.
The precarious scenario makes ICC staffers ponder the institution’s future amid the prolonged Trump administration’s impacts. The U.S. President has reprimanded the ICC’s actions as baseless, defending strong allyship with Israel, and arguing the court’s proceedings imperil American sovereignty and foreign policy. White House officials eschewed commenting on these measures. Amidst ongoing Israeli conflicts, the ICC’s credibility and effectiveness hang in limbo.
Inside the court, morale faces trials, often lightened only by a sense of dark humor amongst the team relating to mundane interactions that could allegedly provoke sanctions. This isn’t the first ICC-related friction under Trump: his administration previously sanctioned Khan’s predecessor over probes into Afghanistan. President Biden later annulled those sanctions.
There are currently three lawsuits filed by ICC personnel and consultants challenging the sanctions, claiming they hinder freedom of expression. Recently, Iverson received temporary legal protections, but other staff must file individually for similar safeguards. The court is also contending with non-cooperation from member countries, some even refraining from executing its warrants.
Further, judges have curtailed Khan from making public some of his warrant requests in ongoing probes, tightening restrictions around sensible information sharing. These difficulties are compounded by internal controversies involving Khan, with allegations of workplace harassment casting shadows over his tenure. Allegations against Khan, however, are under a UN investigation. In the interim, further accusations of workplace retaliation have surfaced, indicative of deeper internal fractures within the organization.