Report on Alleged Threats to the International Criminal Court and Implications for Sustainable Development Goal 16

Introduction: Challenges to International Justice

Recent events surrounding the International Criminal Court (ICC) have highlighted significant challenges to the integrity and functioning of international judicial bodies. These developments directly impact the achievement of Sustainable Development Goal 16 (SDG 16), which aims to promote peace, justice, and strong institutions. This report details allegations of threats and pressure exerted on the ICC’s Office of the Prosecutor in relation to its investigation into alleged war crimes.

Allegations of Threats Against the ICC Chief Prosecutor

Meeting of 1 May 2024

On 1 May 2024, ICC Chief Prosecutor Karim Khan reportedly met with Nicholas Kaufman, a British-Israeli defence lawyer. According to a note of the meeting, Mr. Kaufman delivered a warning regarding the arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant. The encounter is understood to have been perceived as a threat to the prosecutor and the Court, undermining the core tenets of SDG 16.

• Mr. Kaufman allegedly stated he was “authorised” to make a proposal on behalf of Israeli interests for the prosecutor to “climb down the tree.”
• The proposal involved reclassifying the arrest warrants as “confidential,” allowing Israel to challenge the allegations privately.
• A warning was reportedly issued that if the prosecutor applied for further warrants against other Israeli ministers, “all options would be off the table.”
• The note records Mr. Kaufman stating, “They will destroy you and they will destroy the court,” a statement Mr. Khan and his wife, who was present, understood as a threat.

Mr. Kaufman has denied making threats or being authorised to make proposals on behalf of the Israeli government. He stated his intention was to express his personal views and warn that further warrants could risk US sanctions that would destroy the court, thereby failing the purpose for which it was conceived.

International Pressure and its Impact on SDG 16 and SDG 17

Actions Undermining Global Partnerships and Judicial Independence

The alleged threats occurred within a broader context of international pressure on the ICC, representing a significant challenge to SDG 17 (Partnerships for the Goals), which relies on global cooperation to support sustainable development. Actions by state actors have been perceived as attempts to interfere with the judicial independence central to SDG 16.

• United Kingdom: In an April 2024 phone call, then-British Foreign Secretary David Cameron allegedly threatened that the UK would defund and withdraw from the ICC if it issued arrest warrants for Israeli leaders.
• United States: The US has imposed sanctions on the ICC prosecutor and four judges. US officials have warned that “all options remain on the table” unless the investigation and warrants are dropped.

These actions contravene the spirit of international cooperation and partnership required to uphold global justice and support strong, independent institutions like the ICC.

Timeline of Key Events and Institutional Integrity

Sequence of Actions and Allegations

The timeline of events indicates that the decision to seek arrest warrants preceded public allegations of misconduct against the prosecutor. This sequence is critical for assessing the integrity of the judicial process and the motivations behind external pressures.

1. 16 March 2024: The prosecutor’s team reportedly decided it would be ready to apply for arrest warrants by the end of April.
2. 25 March 2024: The prosecutor informed the US administration of his intention to apply for the warrants.
3. 29 April 2024: Harassment allegations were made against Prosecutor Khan by a staff member.
4. 1 May 2024: The meeting between Mr. Khan and Mr. Kaufman took place.
5. 20 May 2024: The prosecutor’s office announced it was seeking arrest warrants for Israeli and Hamas leaders.

The emergence of sexual misconduct allegations against the prosecutor has also been noted. While Prosecutor Khan has strenuously denied all allegations, their timing and circulation have been linked by some reports to the ICC’s investigation. Such matters touch upon the principles of SDG 5 (Gender Equality) and the imperative for accountability and transparency within all institutions.

Conclusion: Precarious Position of the ICC and Global Justice Goals

The combination of direct warnings, political pressure, and sanctions has placed the ICC in a precarious position. These actions pose a direct threat to the Court’s ability to function and fulfill its mandate of delivering impartial justice for the world’s most serious crimes. The sustained pressure on the ICC and its officials fundamentally undermines the global commitment to SDG 16, jeopardizing the pursuit of peace, justice, and the viability of strong international institutions.

1. Which SDGs are addressed or connected to the issues highlighted in the article?

• SDG 16: Peace, Justice and Strong Institutions: The article’s core focus is on the International Criminal Court (ICC), an institution central to global justice, and the threats it faces while trying to hold powerful individuals accountable for alleged war crimes, thereby promoting peace and the rule of law.
• SDG 5: Gender Equality: The article discusses serious allegations of sexual misconduct and assault against the ICC’s chief prosecutor, which are being investigated. This relates directly to ending violence and harassment against women and ensuring accountability within institutions.
• SDG 11: Sustainable Cities and Communities: The article mentions potential arrest warrants for the “promotion of illegal Israeli settlements in the occupied West Bank,” which directly impacts the sustainability and security of Palestinian communities.
• SDG 17: Partnerships for the Goals: The article details how powerful nations (US, UK) are using threats of sanctions and defunding to pressure the ICC, undermining the international cooperation and partnerships necessary for global institutions to function effectively.

2. What specific targets under those SDGs can be identified based on the article’s content?

SDG 16: Peace, Justice and Strong Institutions

1. Target 16.1: Significantly reduce all forms of violence and related death rates everywhere.
   
   The ICC’s investigation into “alleged Israeli war crimes in Gaza” and the issuance of arrest warrants for high-level officials are direct attempts to address and create accountability for extreme violence and death.
2. Target 16.3: Promote the rule of law at the national and international levels and ensure equal access to justice for all.
   
   The entire article revolves around this target. The ICC’s effort to issue arrest warrants for the Israeli Prime Minister and former Defence Minister is an application of the rule of law at the international level. The pressure and threats from the US, UK, and intermediaries are attempts to subvert this process. The prosecutor’s question of why Israel did not “proceed with complementarity, which would entail investigating the alleged war crimes in the domestic courts,” also points directly to this target.
3. Target 16.6: Develop effective, accountable and transparent institutions at all levels.
   
   The article highlights the struggle of the ICC to remain an effective and independent institution amidst “unprecedented pressure”. The proposal for Israel to “challenge them in private – without the outcome being made public” is a direct challenge to the transparency of the judicial process.
4. Target 16.a: Strengthen relevant national institutions… to prevent violence and combat… crime.
   
   The prosecutor, Karim Khan, directly invokes this principle by asking why Israel did not use its own domestic courts to investigate the alleged war crimes, a process known as “complementarity”. This highlights the primary role national institutions should play in delivering justice.

SDG 5: Gender Equality

1. Target 5.2: Eliminate all forms of violence against all women and girls in the public and private spheres.
   
   The article details that the prosecutor was “facing investigation over sexual misconduct claims” and the publication of “new and more serious sexual assault allegations.” It mentions multiple investigations by the court’s Internal Oversight Mechanism (IOM) and the UN’s Office of Internal Oversight Services (OIOS), which are processes aimed at addressing such forms of violence and harassment within a public institution.

SDG 11: Sustainable Cities and Communities

1. Target 11.1: By 2030, ensure access for all to adequate, safe and affordable housing and basic services and upgrade slums.
   
   The article notes that the prosecutor’s office was preparing “further arrest warrants for far-right ministers Itamar Ben Gvir and Bezalel Smotrich over their promotion of illegal Israeli settlements in the occupied West Bank.” The establishment of illegal settlements directly undermines access to land and housing for the occupied population.

SDG 17: Partnerships for the Goals

1. Target 17.16: Enhance the global partnership for sustainable development.
   
   This target is negatively implicated. The actions described in the article, such as the UK threatening to “defund and withdraw from the ICC” and the US imposing “sanctions against them if Khan applied for the warrants,” represent a breakdown of the global partnership required to support international institutions like the ICC.

3. Are there any indicators mentioned or implied in the article that can be used to measure progress towards the identified targets?

SDG 16: Peace, Justice and Strong Institutions

1. Indicator for Target 16.3: The number of arrest warrants applied for and issued by the ICC for crimes against humanity and war crimes. The article is centered on the application for warrants against “Benjamin Netanyahu and former Defence Minister Yoav Gallant.”
2. Indicator for Target 16.3: The number and nature of official threats or sanctions against international judicial officers. The article explicitly mentions “US sanctions” against the prosecutor and four ICC judges, and threats from a “US Republican Senator Lindsey Graham.”
3. Indicator for Target 16.6: The number of national-level investigations into alleged war crimes under the principle of complementarity. The article implies a failure here, as Khan asks why Israel did not “proceed with complementarity.”

SDG 5: Gender Equality

1. Indicator for Target 5.2: The number of formal investigations into allegations of sexual harassment and assault within an international organization. The article mentions that “Two investigations into the allegations had been opened and closed when the UN’s Office of Internal Oversight Services (OIOS) opened its own external investigation, which is ongoing.”

SDG 11: Sustainable Cities and Communities

1. Indicator for Target 11.1: The number of legal actions taken by international bodies against the promotion of illegal settlements. The article mentions the preparation of “further arrest warrants… over their promotion of illegal Israeli settlements.”

SDG 17: Partnerships for the Goals

1. Indicator for Target 17.16: Instances of member states threatening to or actually withdrawing funding from international organizations. The article cites the threat by the “British foreign secretary… that the UK would defund and withdraw from the ICC.”

4. Table of SDGs, Targets, and Indicators

Source: middleeasteye.net