US sanctions against the International Criminal Court are denounced by the IBA

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US sanctions against the International Criminal Court are denounced by the IBA
The International Bar Association (IBA) denounces sanctions against the International Criminal Court (ICC). The IBA calls on all states to oppose sanctions and respect the judicial independence of the Court.

IBA Executive Director Dr Mark Elliscommented: ‘The ICC is the cornerstone of the international justice architecture, created to realise the promise of « never again » and to bring justice to victims of « atrocities that deeply shock the conscience of humanity ».  For this work, the Court, its officials, and those cooperating with it, have at times faced political threats, intimidation and attacks from those seeking to undermine the Court’s authority and obstruct its investigations. These attacks undo decades of progress for victims and weaken the rule of law globally.’

On 6 February 2025, United States President Donald Trump issued an Executive Order authorising sanctions against the ICC and its officials, including property blocking and visa bans for the persons designated by the Executive Order and their immediate family members.

The Court is actively investigating in 12 situations, including in ongoing conflicts in the situations in Afghanistan, Darfur/Sudan, the Democratic Republic of Congo and Ukraine, and proceedings against suspects from the Central African Republic, Darfur/Sudan, Mali and Uganda are ongoing in the ICC’s courtrooms. The implementation of the sanctions could severely impact the ICC’s operations, undermining its justice mandate across all situations where it is investigating and prosecuting.
Sanctions were previously imposed by the Trump administration in 2020 and later revoked by the Biden administration in 2021, which stated that sanctions were ‘not an effective or appropriate strategy for addressing the United States’ concerns with the ICC.’

Dr Ellis added: ‘By imposing sanctions, victims of international crimes will suffer greatly, and their effects would be felt far beyond the Court, including by witnesses protected by the Court and human rights defenders and civil society organisations cooperating with the Court’s work. At this critical time for international justice and the rule of law, the US administration should respect the independence of international judicial institutions.’

One hundred and twenty-five states, not including the US, have signed on to the ICC’s founding treaty, the Rome Statute. Under the Statute, all States Parties have an obligation to cooperate fully with the ICC in its investigation and prosecution of Rome Statute crimes.

ENDS