US lawmaker threats against International Criminal Court violate international law

The announcement by the prosecutor of the International Criminal Court that he will seek arrest warrants for alleged war crimes and crimes against humanity perpetrated by senior Israeli and Hamas officials is a positive development and an appropriate response to the overwhelming evidence of atrocity crimes committed in Gaza and Israel. 

All States with a commitment to human rights, and to accountability for violations of international humanitarian and criminal law, should support and cooperate fully with the investigation and prosecution of such crimes. 

Threats of retaliation, reprisals or sanctions against the ICC, its prosecutor or other officials, as well as against those who cooperate with the ICC to suppport such investigations and prosecutions, are prohibited under international law and are a flagrant violation of the right of all persons to communicate and cooperate with international bodies. 

‘We condemn threats by US Republican lawmakers of retaliation and sanctions against the International Criminal Court, its prosecutor, Karim Khan, his associates, and their families over the decision to seek arrest warrants for senior Israeli officials accused of war crimes in Gaza,’ said ISHR Executive Director Phil Lynch. 

ISHR is also deeply concerned at reports that representives of the Biden Administration, including Secretary of State Antony Blinken and national security advisor Jake Sullivan, have said that the Administration is willing to work with Congress to enact potential penalties against the ICC in response to the application for an arrest warrant against senior Israeli officials, including Prime Minister Benjamin Netanyahu.

‘Threats against the ICC and its officials violate international law and amount to support for impunity for alleged war crimes and crimes against humanity. We call on all States to refrain from and unequivocally condemn such threats. We also call on relevant UN officials to investigate and publicly report on such threats as prohibited acts of intimidation or reprisal,’ Lynch said.

‘International law, and the credibility of States that invoke it, is at a critical juncture. We call on the US and all States to stand on the side of victims’ rights, justice and accountability, not on the side of lawlessness, atrocities and impunity.’