Open letter to Congress and the incoming presidential administration regarding US sanctions on the ICC - PROVEA

On January 9, 2025, the U.S. House of Representatives passed the “Illegitimate CourtCounteraction Act” in response to the ICC’s arrest warrants for Israeli Prime MinisterBenjamin Netanyahu and his former defense minister. The bill would impose sanctions on any foreign individual who investigates, arrests, detains, or prosecutes U.S. citizens orthose of allied countries that are not members of the Court, including Israel.

The motivation is to protect national sovereignty and prevent what the U.S. perceives as overreach by international bodies. The sanctions include freezing assets, blocking financial transactions, and imposing travel bans on ICC officials involved in these cases. If the Senate approves the bill and the President signs it, these measures will be enforced and will deepen the complicated relations between the U.S. and the ICC.

This action by the U.S. is consistent with actions taken during Donald Trump’s previous presidency, which also sought to shield U.S. and allied nationals from international legal actions. The ICC argues that these sanctions threaten its independence and ability to deliver justice for victims of serious crimes. The ICC has also taken steps, such as paying three months’ salaries in advance to its staff, to protect them.

Overall, these sanctions, if finalized, will harm the ICC’s work by limiting its funding and blocking cooperation. Freezing assets may slow investigations and trials. Visa bans could prevent ICC officials from working internationally, while some countries may avoid helping the Court to evade U.S. penalties. Cases involving Israel, Palestine, or U.S. allies may be delayed, leaving victims waiting for justice. The sanction could also weaken trust in the ICC and make its staff less effective. Generally, this move of the U.S measure may hinder and slow the ICC’s mission to prosecute serious crimes and help victims.

Written by: Dr. Mohamad Salimi, Dr. Fereydoon Jafari

Sunday, January 26th, 2025

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