Tomoko Akane, President of the International Criminal Court (ICC), spoke exclusively to The Sankei Shimbun and JAPAN Forward on June 14 during her visit to Japan. Akane, who took office in March, expressed her resolve: “I remind myself that one’s final resting place can be anywhere, not just one’s hometown. This gives me courage as I work globally.”
Regarding Japan, the ICC’s largest contributor, Akane highlighted the absence of domestic laws for prosecuting “crimes against humanity” and urged progress in legal reforms.
Last spring, the ICC issued arrest warrants for Russian President Vladimir Putin over the Ukraine invasion. In retaliation, Russia issued a warrant for Judge Akane, who was handling the case. In the Palestinian conflict, the ICC sought an arrest warrant for Israeli PM Benjamin Netanyahu. That sparked objections from Israel and the United States.
In response, Akane emphasized, “We seek justice through trials. Judges base decisions solely on facts and evidence. Political considerations are not part of the process.”
The ICC disclosed a cyberattack in September, highlighting security challenges for Akane as president.
Underestimated for Being a Woman
Discussing Japan’s legal system, Akane expressed concerns: “Currently, Japan cannot prosecute war crimes suspects who enter the country.” She highlighted the risks of human rights abuses and spreading conflicts in Asia, urging Japan to join the Genocide Convention.
“I want young people to be more active,” she said, addressing a shortage of Japanese staff at the ICC. Reflecting on her journey since becoming a prosecutor in 1982, she noted, “Pursuing truth means bringing justice to victims. In my youth, people sometimes underestimated me because I was a woman. Supportive voices encouraged me to ‘persevere and not quit.'”
Akane served as a prosecutor in the Tokyo District Public Prosecutors Office and the Supreme Public Prosecutors Office before becoming an ICC judge in 2018. She was elected as the ICC’s first Japanese president in March 2024.
Excerpts of the interview follow:
The Job of Judges at the ICC
Amid escalating tensions surrounding the ICC, how is the situation on the ground?
We faced a cyberattack in September 2023 and haven’t fully restored our systems. Strengthening security is crucial in my role as president. There must be no pressure on judges.
ICC prosecutors have requested arrest warrants for the Israeli Prime Minister and Palestinian armed group leaders, sparking objections from the US. How do you respond to the argument against equating terrorists with leaders of democratic nations?
It’s simply an irrelevant argument against criminal justice. The decision to issue arrest warrants rests solely with three assigned judges, based strictly on facts and evidence. ICC’s role is to achieve justice through trials. Introducing political considerations would undermine the judiciary’s role.
What are your thoughts on Japan’s role?
When deciding whether to run for president in March, a colleague encouraged me, saying, “Japan contributes financially, so it should also have a say.” However, under Japan’s current legal system, individuals accused of war crimes can enter the country without facing trial. Is it right for Japan, which upholds the rule of law, to remain unchanged?
Japan’s judicial system is globally esteemed for its high standards. With minimal corruption, even small local cities have highly skilled investigators and prosecutors. I hope this expertise can be utilized within the ICC.
Struggles with English
Please share your journey so far.
In high school, I aimed for a science career. In a tough job market for women, my father advised, ‘Get a law degree if you want lifelong work.’ I enrolled in Tokyo University‘s law faculty and became a prosecutor, as I wanted to pursue the truth and deliver justice to victims. As a young woman, suspects sometimes underestimated me. It was that kind of era, too.
What are the qualities needed to work in an international court?
At 32, I took a leave to study in Alabama, in the US. I initially struggled with English. At the ICC, I struggled at first to keep up with discussions among judges. My colleagues supported me. It’s crucial to maintain a positive outlook and cheerful demeanor even during challenging times.
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Read the interview in Japanese.
Author: Mina Mitsui
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