How sanctions imposed by Trump are taking a toll on the International Criminal Court

Key Concepts

• International Criminal Court (ICC): An intergovernmental organization and international tribunal founded in 2002 to prosecute individuals for genocide, war crimes, crimes against humanity, and the crime of aggression.
• Joseph Kony: Warlord accused of war crimes in northern Uganda, the subject of the first ICC hearing.
• Sanctions: Penalties imposed by a government on other countries, individuals, or organizations, often economic in nature, to achieve foreign policy objectives.
• U.S. Treasury: The department of the U.S. government responsible for managing federal finances and imposing economic sanctions.
• First Amendment Rights: Guarantees of freedom of speech, religion, press, assembly, and petition in the U.S. Constitution.
• Genocide: The deliberate killing of a large number of people from a particular nation or ethnic group with the aim of destroying that nation or group.
• War Crimes: Violations of the laws or customs of war.
• Crimes Against Humanity: Widespread or systematic attacks directed against any civilian population.

The ICC's Struggle with U.S. Sanctions

This report details how U.S. sanctions are hindering the International Criminal Court's (ICC) ability to prosecute individuals for some of the world's most serious crimes.

Case Study: Joseph Kony and the ICC's Challenges

In northern Uganda, residents witnessed a significant hearing in September concerning warlord Joseph Kony, accused of widespread killing and kidnapping. The ICC prosecutor, located in the Netherlands, is pursuing these charges. Kony remains at large, despite a six-year U.S. Special Forces mission to apprehend him. A victim, Nancy, who was abducted at age 12, expressed hope for Kony's surrender to facilitate the legal process. This hearing was historic as the first of its kind at the ICC, aiming to prevent cases from stalling indefinitely.

Criticisms and Membership of the ICC

Since its establishment in 2002, the ICC has faced criticism for its slow pace and perceived selectivity, having only convicted individuals from African nations so far. Molly, an Associated Press reporter covering the ICC, noted that the court has not convicted many defendants despite significant time and financial investment, leaving victims seeking justice. Over 120 countries are members of the ICC, but the United States is not, due to concerns about potential prosecution of its citizens. Despite this, many U.S. citizens work for the ICC, particularly when its actions align with U.S. foreign policy interests.

U.S. Opposition and Sanctions Against the ICC

The Trump administration launched an attack on the ICC, accusing it of "unlawful and baseless actions targeting America and our close ally Israel." The court had issued applications for arrest warrants related to alleged crimes in Gaza, recognizing Palestine as a state member. President Trump, within 18 days of his inauguration, declared the ICC had abused its power by charging Israel, a non-member state. The administration argued that the ICC's conduct threatened U.S. sovereignty and undermined national security and foreign policy efforts.

In response, the U.S. Treasury imposed economic sanctions on nine ICC personnel, including six judges, two deputy prosecutors, and the chief prosecutor. These individuals were involved in the Gaza case or had investigated alleged actions by American troops in Afghanistan. Molly described these sanctions as "unprecedented" and "extremely harsh penalties usually reserved for extremist groups [and] hostile governments," making it difficult for sanctioned individuals to access bank accounts and travel to the U.S.

Impact of Sanctions on ICC Operations

The sanctions have had a direct impact on the Office of the Prosecutor. Microsoft reportedly cut off the chief prosecutor's email access, likely to avoid fines, and his bank accounts were frozen. These actions have created significant obstacles for ongoing cases, as staff members struggle to work around the sanctions. The report highlights the difficulty in providing "material support," which includes research for legal briefs and developing investigative ideas, to sanctioned individuals. The novelty of these "secondary sanctions" has led to uncertainty about their enforcement.

Matthew Smith, who runs an organization investigating abuses, including attacks on the Rohingya, was preparing to present new evidence to the ICC when the sanctions were imposed. He had obtained testimony from a defector from the Myanmar military who witnessed genocidal attacks in 2017. Smith stated, "If we can't do that, if we can't speak freely, we can't do any of our work."

Legal Challenges and Human Rights Concerns

Smith, along with the American Civil Liberties Union, filed a federal lawsuit in Maine, arguing that the sanctions violate his First Amendment rights and put him at risk. He faces potential penalties of up to a $1 million fine and 20-year prison sentences for continuing his work. He deemed it "unacceptable" to cease his efforts due to White House directives.

A lawyer who facilitates gender-based violence charges at the ICC joined Smith's lawsuit. She described how the sanctions have halted her work with women from Afghanistan, stating, "There is no woman's rights crisis in the world that looks like Afghanistan's right now." She expressed concern that these sanctions could lead to "paralysis across the entirety of the system of those working in the court."

Exodus and Future Uncertainty

Within the ICC, the sanctions have prompted some employees to resign, including the lead investigator in the Gaza case, whose children reside in the U.S. Others have sought waivers from the Treasury Department to work with sanctioned individuals, but remain barred from specific cases like the Gaza investigation.

At a UN meeting in July, the State Department's legal advisor indicated that broader sanctions could be forthcoming if ICC actions against the U.S. and Israel were not terminated. The assembly of ICC member states maintains that the court acted within its legal mandate and cannot reverse filed charges. However, there are growing fears about the court's ability to function effectively. The report concludes by acknowledging the difficulty of imagining a world without the ICC, but notes the challenges posed by a powerful nation like the U.S. being hostile towards it.

Conclusion: The Long Road to Justice

Returning to Uganda, court representatives explained that Joseph Kony's 39 charges cannot proceed to trial until he is apprehended. The community understands this may be a lengthy wait for justice. Nevertheless, they view the ICC's efforts on their behalf as a crucial step forward, with the acknowledgment of their suffering being a form of justice in itself.