Trump adminstration’s sanctions of ICC judges sets ‘dangerous precedent’

The International Relations Department (Dirco) says a decision by President Donald Trump’s administration to sanction officials on the International Criminal Court (ICC) “undermines” the independence of the UN’s top court.

The Trump administration last week followed through with a threat to sanction officials on the ICC, naming four judges whom it accused of taking “illegitimate and baseless actions” against the US and its allies.

Judges sanctioned

US Secretary of State Marco Rubio announced the sanctions in a sharply worded written statement.

Rubio named Solomy Balungi Bossa of Uganda, Luz del Carmen Ibáñez Carranza of Peru, Reine Adelaide Sophie Alapini Gansou of Benin, and Beti Hohler in the statement.

“The ICC is politicised and falsely claims unfettered discretion to investigate, charge, and prosecute nationals of the United States and our allies,” Rubio wrote.

“This dangerous assertion and abuse of power infringes upon the sovereignty and national security of the United States and our allies, including Israel”.

ALSO READ: SA welcomes ICC announcement seeking arrest warrants for Netanyahu and others

Concern

Dirco spokesperson Chrispin Phiri said the South Africa government is “deep concerned” about the sanctions against the judges.

“These measures, in addition to those imposed earlier on the prosecutor, represent a direct affront to the principles of international justice and the rule of law.

“Such punitive actions against judicial officers performing their mandated duties are regrettable. They undermine the independence of the ICC and threaten the integrity of international legal institutions. They furthermore hinder the Court and its personnel in the exercise of their independent judicial functions,” Phiri said.

Rome Statute

Phiri added that South Africa, as a founding member of the ICC, views these sanctions and previous threats as an attempt to intimidate and obstruct the Court’s efforts to hold perpetrators of the most serious crimes accountable.

“The ICC operates under the Rome Statute, to which 125 states are parties, and its mandate is to prosecute individuals for genocide, crimes against humanity, war crimes, and the crime of aggression when national jurisdictions are unwilling or unable to do so.

“The imposition of sanctions on ICC judges sets a dangerous precedent that could embolden those who seek to evade accountability for egregious violations of human rights and international humanitarian law. It also poses a significant challenge to the global fight against impunity and the enforcement of international norms,” Phiri said.

‘Pursuit of justice’

Phiri stressed that Pretoria reaffirmed its commitment to the principles enshrined in the Rome Statute and will continue to work with like-minded nations to safeguard the integrity of international legal institutions.

“The pursuit of justice for victims of the gravest crimes must not be compromised by political considerations.

“Upholding the rule of law and ensuring accountability are essential for the maintenance of international peace and security as well as a rules-based international order based on international law,” Phiri said.

ICC responds

The sanctions imposed on the judges will see their US-based property and assets blocked.

US-based entities are also forbidden from engaging in transactions with them, including through the “provision of funds, goods or services”.

The ICC said it stood behind its judges and “deplores” the Trump administration’s decision.

“These measures are a clear attempt to undermine the independence of an international judicial institution which operates under the mandate from 125 States Parties from all corners of the globe,” the statement said.

“Targeting those working for accountability does nothing to help civilians trapped in conflict. It only emboldens those who believe they can act with impunity.”

ALSO READ: Israeli forces seize Gaza-bound Madleen with aid and Greta Thunberg [VIDEO]