Report on US Sanctions Against the International Criminal Court and Implications for Sustainable Development Goals

Introduction

Recent United States sanctions targeting the International Criminal Court (ICC), its staff, and cooperating individuals, including the ICC prosecutor and four judges, have drawn significant criticism from international rights groups. These sanctions raise critical concerns regarding the independence of international justice institutions and their role in upholding human rights and the rule of law, which are fundamental to achieving the Sustainable Development Goals (SDGs).

Criticism from International Legal Organizations

A coalition of international legal organizations, including the International Bar Association’s Human Rights Institute, Human Rights Watch, the International Commission of Jurists, Judges for Judges, and Lawyers’ Rights Watch Canada, issued a joint statement condemning the US sanctions. Key points include:

1. The ICC is an independent judicial institution mandated to prosecute the gravest crimes against humanity without political interference.
2. Sanctions against ICC officials threaten the integrity of the international justice system and undermine human rights protections.
3. Such actions jeopardize the rule of law, a cornerstone for sustainable development and peace (SDG 16: Peace, Justice, and Strong Institutions).

Statements from UN Representatives

At the United Nations Human Rights Council, Francesca Restifo, a lawyer and UN representative, emphasized the importance of upholding justice and standing united against impunity. Her remarks highlighted the urgency of protecting victims’ rights and ensuring accountability, aligning with SDG 16’s focus on justice and strong institutions.

Background of the US Sanctions

• In February, US President Donald Trump signed an Executive Order declaring ICC investigations or prosecutions of protected persons as threats to US security.
• The sanctions were imposed in response to the ICC’s issuance of arrest warrants against Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant for alleged war crimes in Gaza.
• The ICC’s Pre-Trial Chamber I found reasonable grounds to believe that Netanyahu and Gallant were involved in war crimes, including the use of starvation as a weapon and inhumane acts against civilians.

Legal Framework and War Crimes Allegations

The ICC’s actions are grounded in the Rome Statute, which defines war crimes and prohibits tactics such as weaponizing starvation and targeting civilian populations:

• Article 8(2)(b)(xxv) prohibits starvation as a method of warfare.
• Articles 8(2)(b)(i) and 28(b) prohibit intentional attacks on civilians.

These legal provisions support the ICC’s mandate to uphold international humanitarian law, contributing to SDG 16 by promoting peace and justice.

Details of the Sanctions

• Sanctions have been imposed on ICC Prosecutor Karim A.A. Khan KC and four judges: Reine Adelaide Sophie Alapini Gansou (Benin), Solomy Balungi Bossa (Uganda), Luz del Carmen Ibáñez Carranza (Peru), and Beti Hohler (Slovenia).
• The US government accused the ICC of illegitimate actions targeting the US and Israel, claiming these set a dangerous precedent risking harassment of US personnel.
• However, the Rome Statute does not grant immunity to Heads of State from ICC arrest warrants, underscoring the ICC’s commitment to impartial justice.

Implications for Sustainable Development Goals

The US sanctions against the ICC pose significant challenges to multiple SDGs, particularly:

• SDG 16 (Peace, Justice, and Strong Institutions): Undermining the ICC’s independence threatens global efforts to promote justice, accountability, and the rule of law.
• SDG 10 (Reduced Inequalities): Selective justice and political interference risk exacerbating inequalities and undermining international legal norms.
• SDG 17 (Partnerships for the Goals): International cooperation is essential for sustainable development; sanctions against multilateral institutions weaken global partnerships.

Conclusion

The imposition of US sanctions on the ICC and its officials represents a critical challenge to the international justice system and the broader agenda of sustainable development. Upholding the independence of judicial institutions like the ICC is vital to achieving the Sustainable Development Goals, particularly those focused on justice, peace, and strong institutions. Continued international support and solidarity are necessary to counteract political interference and ensure accountability for crimes against humanity worldwide.

1. Sustainable Development Goals (SDGs) Addressed or Connected to the Issues Highlighted in the Article

1. SDG 16: Peace, Justice and Strong Institutions
   • The article focuses on the International Criminal Court (ICC), an institution central to upholding justice for grave crimes such as war crimes and crimes against humanity.
   • It highlights issues of political interference, sanctions against ICC officials, and the importance of the rule of law and international justice systems.
2. SDG 10: Reduced Inequalities
   • The ICC’s work in prosecuting crimes against marginalized populations, such as Palestinians in the Gaza Strip, relates to addressing inequalities and protecting vulnerable groups.
3. SDG 5: Gender Equality
   • While not explicitly mentioned, the involvement of female judges and the emphasis on human rights indirectly support gender equality and women’s participation in justice institutions.

2. Specific Targets Under Those SDGs Identified Based on the Article’s Content

1. SDG 16 Targets
   • 16.3: Promote the rule of law at the national and international levels and ensure equal access to justice for all.
   • 16.6: Develop effective, accountable and transparent institutions at all levels.
   • 16.10: Ensure public access to information and protect fundamental freedoms, in accordance with national legislation and international agreements.
2. SDG 10 Targets
   • 10.3: Ensure equal opportunity and reduce inequalities of outcome, including by eliminating discriminatory laws, policies and practices.
3. SDG 5 Targets
   • 5.5: Ensure women’s full and effective participation and equal opportunities for leadership at all levels of decision-making in political, economic and public life.

3. Indicators Mentioned or Implied in the Article to Measure Progress Towards the Identified Targets

1. Indicators for SDG 16 Targets
   • 16.3.1: Proportion of victims of violence who reported their victimization to competent authorities or officially recognized conflict resolution mechanisms.
   • 16.6.2: Proportion of the population satisfied with their last experience of public services, reflecting institutional effectiveness and accountability.
   • 16.10.1: Number of verified cases of killing, kidnapping, enforced disappearance, arbitrary detention and torture of journalists, associated media personnel, trade unionists and human rights advocates.
2. Indicators for SDG 10 Target
   • 10.3.1: Proportion of the population reporting having personally felt discriminated against or harassed within the previous 12 months on the basis of a ground of discrimination prohibited by international human rights law.
3. Indicators for SDG 5 Target
   • 5.5.2: Proportion of women in managerial positions or leadership roles, relevant to the mention of female judges in the ICC.

4. Table of SDGs, Targets and Indicators

Source: jurist.org