The International Criminal Court (ICC) President Judge Tomoko Akane has criticized the United States and Russia for undermining the institution’s work, calling their interference “appalling.”
Speaking at the ICC’s annual meeting in The Hague Monday, Akane accused the two global powers of undermining international justice through sanctions, threats, and retaliatory measures.
“The court is being threatened with draconian economic sanctions by another permanent member of the Security Council as if it was a terrorist organization,” she said.
Her remarks in-part targeted Republican Sen. Lindsey Graham, who recently called the court a “dangerous joke” and advocated punishments against any allies cooperating with ICC investigations in an interview with Fox News.
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What Is the International Criminal Court?
The ICC, established in 2002, prosecutes war crimes and crimes against humanity when national courts are unable or unwilling to act. However, its lack of enforcement power depends on member states to execute warrants, complicating high-profile cases.
Graham’s comments followed the court’s decision last month to issue arrest warrants for Israeli Prime Minister Benjamin Netanyahu, former Defense Minister Yoav Gallant, and Hamas‘ military chief for alleged crimes against humanity during the ongoing Gaza conflict.
The move marked the first time the ICC has targeted a sitting leader of a major Western ally.
U.S. President Joe Biden labeled the warrants “outrageous,” contrasting his prior support for similar charges against Russian President Vladimir Putin for war crimes in Ukraine.
Biden previously called the warrant for Putin “justified” and backed efforts to hold Russian forces accountable for atrocities committed during the war.
International responses to the Netanyahu warrant have been mixed.
Austria criticized the decision as “incomprehensible” but acknowledged its legal obligation to act. Italy called the move “wrong,” and Hungary pledged support for Israel over the ICC. France said it would “respect its obligations” but would need to consider Netanyahu’s possible immunities.
“It really has the potential to damage not just the court, but international law,” said global security expert Janina Dill.
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Misconduct Allegations for Prosecutor Khan
Akane also criticized Russia’s retaliatory measures, including Moscow‘s arrest warrants issued for ICC head Prosecutor Karim Khan.
Accusations against the 54-year-old British lawyer have forced the court into unforeseen scrutiny at a crucial juncture.
In Oct. it was revealed that a former female aide accused him of subjecting her to over a year of unwanted advances while working at The Hague. This included groping and sexual coercion.
He’s categorically denied the allegations, saying there was “no truth to suggestions of misconduct.”
Although the court’s watchdog dropped the inquiry after the woman declined to file a formal complaint, the Assembly of States Parties announced an external investigation.
Khan, addressing the assembly, did not comment on the allegations, instead opting to focus on the court’s recent cases, including new warrant requests related to Myanmar and Afghanistan issued by six countries earlier this month.
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‘Sanctions Are a Huge Burden’
Last week, six countries, including France, Luxembourg, and Mexico, urged the ICC to investigate potential crimes in Afghanistan following the Taliban‘s return to power in 2021.
While Khan is not required to act on such requests, past instances suggest that prosecutors often initiate investigations under similar circumstances.
Once its final two trials wrap up in December, the ICC will have no active cases on its docket. Despite issuing several arrest warrants in recent months, many prominent suspects remain beyond its reach.
“Sanctions are a huge burden,” said Milena Sterio, an expert on international law.
Enforcing those warrants often proves elusive. In September, Mongolia declined to detain Putin during his visit, despite an outstanding ICC warrant. Sudan has similarly refused to surrender former President Omar al-Bashir, who is accused of atrocities during the Darfur conflict.
“It becomes very difficult to justify the court’s existence,” said Sterio.
This article includes reporting from The Associated Press
