International Criminal Court president lashes out at US, Russia over threats

The president of the International Criminal Court (ICC) harshly criticised both the United States and Russia for interfering in its investigations, describing their threats and criticism as "appalling."

Judge Tomoko Akane, in her address at the ICC's annual meeting on Monday, said, "The court is being threatened with draconian economic sanctions by another permanent member of the Security Council as if it was a terrorist organisation."

Akane's comments referenced remarks by US Senator Lindsey Graham, who, as a leading member of the Republican Party set to control both branches of Congress in January, called the ICC a "dangerous joke" and urged sanctions against the court's prosecutor. "To any ally, Canada, Britain, Germany, France, if you try to help the ICC, we're going to sanction you," Graham declared on Fox News.

This marks the first instance where a sitting Western leader has been directly challenged by the court.

Graham's response followed a decision last month where ICC judges authorised arrest warrants for Israeli Prime Minister Benjamin Netanyahu, his former defence minister, and Hamas' military chief over alleged crimes against humanity related to the 14-month-long Gaza war.

The ICC's decision has drawn criticism from various quarters, with many supporters giving it lukewarm approval, unlike the strong backing seen for the arrest warrant issued last year for Russian President Vladimir Putin over war crimes in Ukraine.

Graham's threats are seen as significant, considering President-elect Donald Trump previously sanctioned the court's former prosecutor, Fatou Bensouda, imposing travel bans and asset freezes for investigating US personnel in Afghanistan.

Akane also directed sharp words at Russia. "Several elected officials are being subjected to arrest warrants from a permanent member of the Security Council," she noted, referring to Moscow's issuance of warrants against Karim Khan and others involved in the investigation of Putin.

The Assembly of States Parties, representing the ICC's 124 member nations, will convene its 23rd conference to elect committee members and discuss the court's budget amid challenging media coverage.

Established in 2002, the ICC is the world's permanent court for prosecuting the gravest crimes such as war crimes, genocide, and crimes against humanity. It intervenes when nations are unwilling or unable to prosecute offenders domestically. While 124 countries have ratified the Rome Statute founding the court, Israel, Russia, and China are notable absentees.

The ICC lacks its own police force and depends on member states to arrest individuals named in warrants.

US President Joe Biden condemned the arrest warrants for Netanyahu and his former defence minister as "outrageous," reaffirming support for Israel. In contrast, Biden had previously labelled the warrant for Putin as "justified" in connection with Ukraine's war crimes. The US is not an ICC member.

France stated it would "respect its obligations" but needed to consider potential immunities for Netanyahu. France had previously voiced support for the ICC's efforts when the warrant for Putin was issued. Austria reluctantly said it would arrest Netanyahu but deemed the warrants "utterly incomprehensible." Italy called them "wrong" but indicated it would be obligated to comply. Germany said it would review the decision, while Hungary affirmed its support for Israel over the court.

Janina Dill, a global security expert, expressed concern that such reactions might undermine international justice, warning that "it really has the potential to damage not just the court, but international law."

Milena Sterio, an international law expert at Cleveland State University, noted that sanctions against the ICC could impact individuals contributing to its work, including human rights lawyer Amal Clooney, who advised on the warrants for Netanyahu and others. "Sanctions are a huge burden," Sterio said.

The meeting is also shadowed by internal challenges for Khan, who in October faced allegations of sexual misconduct involving a female aide. The court's independent watchdog received reports from two colleagues of the aide and interviewed her before closing the inquiry after she declined to file a formal complaint. Khan denied the claims and was not questioned. The Assembly of States Parties plans an external investigation into these allegations, though it is unclear if this will be addressed at the conference.

The ICC has long faced criticism over its effectiveness and, following the conclusion of two trials in December, will have no active trials. Despite issuing several arrest warrants recently, many high-profile suspects remain unapprehended.

Member states sometimes fail to act. Mongolia refused to arrest Putin when he visited in September. Sudan's former president, Omar al-Bashir, remains wanted for alleged crimes in Darfur, but Sudan has not surrendered him. Last week, Khan requested an arrest warrant for Myanmar's Senior Gen. Min Aung Hlaing for attacks against the Rohingya, with judges yet to rule on it.

Sterio emphasised the difficulty in justifying the court's existence, stating, "It becomes very difficult."