Seventy-nine member states of the Rome State of the International Criminal Court (ICC) reaffirmed their “unwavering support” for the court’s operation, in a joint statement issued on Friday.
The statement said that “the court serves as a vital pillar of the international justice system by ensuring accountability for the most serious international crimes, and justice for victims.” The statement also described sanctions imposed on the court as threats that “erode the international rule of law” by allowing the alleged offenders of serious international crimes to go unpunished.
The statement comes after US President Donald Trump signed an executive order, authorizing sanctions against the ICC, including asset freezes and travel restrictions. The order argued that the ICC’s efforts to “investigate, arrest, detain or prosecute” Israeli Prime Minister Benjamin Netanyahu and former defense minister Yoav Gallant, whom the US considers to be close allies and protected persons under the US American Servicemembers’ Protection Act of 2002, are without legitimate basis and are an infringement to the sovereignty of the US.
The US and Israel contested the jurisdiction of the ICC to issue the arrest warrants because Israel is not a state party to the Rome Statute. According to Article 12 of the Rome Statute, the ICC can assert jurisdiction over serious international crimes if the criminal conduct allegedly occurs in the territory of a State Party.
In January 2015, Palestine accepted the jurisdiction of the ICC. Investigation began in March 2021 following the Pre-Trial Chamber I’s decision that it has jurisdiction over Palestine, Gaza and the West Bank. The chamber cited a 2012 UN General Assembly resolution, affirming the right of the Palestinian people to self-determination, even in the Occupied Palestinian Territory, including East Jerusalem. The resolution was supported by 138 countries, with nine countries voting against it, including Israel and the US.
When the US House of Representatives passed a bill compelling the US president to impose sanctions on the ICC in June 2024, 93 member states of the ICC issued a similar statement supporting the ICC in exercising their mandate and holding alleged offenders of serious international crimes accountable. Earlier in February, nine states also formed the Hague Group to coordinate legal, diplomatic and economic measures against Israel’s violation of international law. These countries are Belize, Cuba, Namibia, Honduras, Senegal, South Africa, Colombia, Bolivia and Malaysia.
The Rome Statute establishes the ICC, granting it jurisdiction over the most serious crimes of international concern. These include crimes of genocide, crimes against humanity, war crimes, and the crime of aggression. Apart from the Gaza conflict, the ICC Prosecutor has also recently applied for arrest warrants for Taliban officials for crimes against humanity in Afghanistan.
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