United States: UN experts condemn sanctions against the ICC
Press releases
Special Procedures
10 February 2025
GENEVA - UN experts* expressed grave concern today after the U.S. President signed an Executive Action authorising sanctions on the International Criminal Court, its personnel and individuals or entities who cooperate with it.
"The order is an attack on global rule of law and strikes at the very heart of the international criminal justice system. The financial restrictions it will impose undermine the ICC and its investigations into war crimes and crimes against humanity across the world, including those committed against women and children," the experts said.
On 6 January, the U.S. President signed an Executive Order which states that "any effort by the ICC to investigate, arrest, detain, or prosecute protected persons [...], constitutes an unusual and extraordinary threat to the national security and foreign policy of the United States", and declares a national emergency to address this "threat." It "opposes and expects our allies to oppose" all actions by the ICC against the US, Israel or any other ally that has not consented to ICC jurisdiction.
"The jurisdiction of the ICC has been litigated and settled by rulings of the ICC and is not exercised contrary to the international law," the experts said: "By sanctioning the ICC, the U.S. President is gravely undermining the 'never again' legacy of Nuremberg, a cornerstone of evolving international criminal law since 1945."
"With this order, the US has empowered war criminals by seeking to punish the ICC, denying justice and reparation to thousands of victims around the world, including women and children", they said. "This law makes a mockery of the decades-long quest to place law above force and atrocity."
"Justice must apply equally to all, without exception. Upholding international law is not a selective process—it is a shared responsibility that strengthens, rather than threatens global security, including that of the United States," the experts said.
The experts welcomed expressions of solidarity and support for the ICC from other UN Member States, highlighting the global community's recognition of the tribunal's critical role.
The ICC has the mandate to investigate and prosecute individuals for the grave international crimes of genocide, war crimes, crimes against humanity and aggression.
"Legal professionals at the ICC work tirelessly to drive accountability and justice across the globe," the experts said. "Our efforts to uphold international law rely upon the work of the ICC prosecutors."
"Imposing sanctions on court personnel for carrying out their professional responsibilities constitutes a flagrant violation of human rights and undermines the principles of judicial independence and the rule of law," the experts said.
The US sanctions against the ICC would appear to amount to offenses against the administration of justice under Article 70 of the Rome Statute. Article 70 punishes efforts to impede or intimidate an official of the Court or to retaliate against an official of the Court on account of duties performed by that official.
The experts have shared their concerns with the United States of America.
*The experts: Margaret Satterthwaite, Special Rapporteur on the independence of judges and lawyers; Francesca Albanese, Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967; Ben Saul, Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism; George Katrougalos, Independent Expert on the promotion of a democratic and equitable international order
Endorsed by: Michael Fakhri, Special Rapporteur on the right to food, Balakrishnan Rajagopal, Special Rapporteur on the right to adequate housing; Irene Khan, Special Rapporteur on the right to freedom of opinion and expression; Laura Nyirinkindi (Chair), Claudia Flores (Vice-Chair), Dorothy Estrada Tanck, Ivana Krstić, and Haina Lu, Working group on discrimination against women and girls; Elizabeth Salmón, Special Rapporteur on the situation of human rights in the Democratic People's Republic of Korea, Richard Bennett, Special Rapporteur on the situation of human rights in Afghanistan; Alena Douhan, Special Rapporteur on the negative impact of the unilateral coercive measures on the enjoyment of human rights
Special Rapporteurs/Independent Experts/Working Groups are independent human rights experts appointed by the United Nations Human Rights Council. Together, these experts are referred to as the Special Procedures of the Human Rights Council. Special Procedures experts work on a voluntary basis; they are not UN staff and do not receive a salary for their work. While the UN Human Rights office acts as the secretariat for Special Procedures, the experts serve in their individual capacity and are independent from any government or organization, including OHCHR and the UN. Any views or opinions presented are solely those of the author and do not necessarily represent those of the UN or OHCHR.
Country-specific observations and recommendations by the UN human rights mechanisms, including the special procedures, the treaty bodies and the Universal Periodic Review, can be found on the Universal Human Rights Index https://uhri.ohchr.org/en/
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