In November last year, the ICC issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant on charges of war crimes and crimes against humanity in the Gaza Strip.
Go here Read our analysis of the decision and expected next steps. Click here for ICC explanation.
When asked by reporters whether the UN secretary-general had a view on the parliamentary bill, spokesman Stephane Dujarric said he would not comment on individual laws.We have a principled position…that is, although independent of the Secretariat, the Secretary-General has great respect for the Court and the work of the International Criminal Court, which is itself a very important pillar of international justice..”
Experts – Margaret Satterthwaite, Special Rapporteur on the independence of judges and lawyers; Francesca Albanese, Special Rapporteur on the situation of human rights in the Occupied Palestinian Territories, and George Katrougalos, Independent Expert on Promoting a Democratic and Equitable International Order, expressed their concerns in a statement.
‘Shocking’ move
They were disappointed that the U.S. House of Representatives passed a bill Thursday sanctioning the ICC’s decision. The court also issued an arrest warrant for a former Hamas commander, among others.
“It is shocking that a country that calls itself a defender of the rule of law is trying to impede the work of an independent and impartial tribunal established by the international community to prevent accountability.“The experts said.
“Threats against the ICC promote a culture of impunity. They mock decades of efforts to prioritize law over violence and atrocities.“He warned.
The experts wrote to US authorities about their concerns.
ICC promotes accountability
The ICC was established under a 1998 treaty known as the Rome Statute. The United States, along with dozens of other countries, is not a party to the statute, but 125 countries are members of the court.
It has the power to investigate and prosecute individuals for serious international crimes, including genocide, war crimes, and crimes against humanity. It is headquartered in The Hague, Netherlands.
Experts said the ICC is a legacy of the Nuremberg trials that held Nazi leaders accountable and a promise to never punish heinous crimes like those committed during World War II.
“The tireless work of our brave legal experts at the ICC is a key driver of accountability. The work of prosecutors is fundamental to our efforts to maintain the integrity of the international legal system.“They said.
ICC Prosecutor Karim Khan visited a landfill site in Tarhunah, Libya. More than 250 bodies were identified in several mass graves there. (file)
Respect for Legal Professionals
They called on all States Parties to the ICC and all UN Member States to adhere to and respect international standards relevant to the legal profession in their efforts to establish accountability for the most serious international crimes.
“International standards require that lawyers and judicial personnel be able to perform all their professional functions without intimidation, obstruction, harassment or inappropriate interference.; “No person should be subject to or threatened with prosecution or administrative, economic or other sanctions for any action taken in accordance with recognized professional duties, standards and ethics,” they explained.
‘Blind spot of justice’
They said the bill, titled the ‘Unlawful Courts Act’, will take effect 60 days after it is enacted.
We will sanction any individual who works to investigate, arrest, detain, or prosecute U.S. citizens or officials of U.S. allies, including Israel.. All U.S. funding earmarked for the ICC would also be revoked and future funding of the court would be barred.
Experts said imposing sanctions on judicial personnel who have fulfilled their professional responsibilities is a “blatant violation of human rights” that attacks the core of judicial independence and the rule of law.
They said, “The passage of a bill that creates a blind spot of justice for certain countries not only legitimizes double standards and impunity, but also irreparably undermines the spirit of universality, which is the foundation of the international judicial system.”
“Such conduct erodes public trust in fairness and the integrity of justice, sets a dangerous precedent, politicizes the judicial function, and undermines the global commitment to accountability and fairness,” he added.
Defend Judicial Independence
They warned that if the sanctions were implemented, they would be considered a violation of the administration of justice under Article 70 of the Rome Statute, which punishes attempts to interfere with or intimidate Tribunal staff or to retaliate for staff misconduct. rectal.
“We call on U.S. lawmakers to uphold the rule of law and the independence of judges and lawyers.And we call on States to respect the independence of the Tribunal as a judicial institution and to protect the independence and impartiality of those who work within it,” they said.
Introduction to UN experts
Special rapporteurs and independent experts receive their mandate from the Geneva-based UN Human Rights Council.
They work voluntarily, are not UN employees and do not receive salary for their work.
Experts are independent from governments or organizations and exercise their individual capabilities.
