Margaret Satterthwaite, the UN special rapporteur on the independence of judges and lawyers, has strongly criticized US President Donald Trump’s sanctions against the International Criminal Court (ICC), calling them a “direct assault on the international justice system.”
In an interview with Anadolu, Satterthwaite discussed Trump’s decision to impose sanctions on ICC Chief Prosecutor Karim Khan, the impact of these measures on the court’s operations, and what court member states should do in response.
“Direct attack on the international justice system. This is a court that was set up in order to once again try to found the primacy of law over conflict, over violence, and it’s a court that is set up to look at the very most grave crimes under international law. So sanctioning this entity and its principal officers is a direct attack on that rule of law institution and on the effort to end impunity for these very grave crimes,” according to Satterthwaite.
She warned that the impact of the sanctions would become clearer in the coming months, pointing out that Trump’s executive order imposes severe restrictions on ICC officials.
“It allows the US government to put in place very severe sanctions against individuals and the institution. So far, the president has only named Chief Prosecutor Karim Khan as a sanctioned person. This kind of sanction will allow the US government to freeze the transfer of funds.”
She also went into detail about the impact on the ICC’s chief prosecutor.
“As well as likely also placing a no-visa order to not allow this person to enter the US, which of course also would have an impact on the prosecutor’s ability to carry out his regular work, which involves coming to many countries, meeting with important justice actors, meeting with the UN, its officials, etc. So the immediate impact will be on the individual Karim Khan, but then we will see in the next weeks and months who else might be targeted for these sanctions.”
‘It is ironic’
Despite not being a signatory to the Rome Statute, which established the ICC, the US initially participated in its founding conference and provided support, particularly in cases like the Ukraine investigation.
“So it’s ironic that the US has targeted the entire system there, and specifically the prosecutor in all of his work. Because, as you said, these are not targeted sanctions in the sense of trying to stop the prosecutor or the court from working on particular cases.”
The sanctions have been implemented in response to an ICC investigation into Israel, she pointed out, referring to Israeli war crimes in Gaza that killed more than 48,200 Palestinians in 15 months.
“So they’re not targeted in the sense of being tailored to the stated objective. President Trump’s administration seems to be trying to really give a knockout blow to the whole court. That’s my fear.”
She also expressed concern that individuals and organizations providing evidence to the ICC may face legal repercussions under US sanctions law.
Call for ICC member states to act
The UN official urged the 125 member states of the ICC to take a stand against the sanctions.
“That’s incredibly important. There are 125 member states that have joined the ICC, that have pledged their support for this important court, and that have participated and cooperated with the court in all sorts of ways. So it’s crucial that those states speak out and that they speak out clearly and in concert, as they have already started to do.”
She also endorsed the ICC president’s proposal that the EU use its ‘Blocking Statute’ to protect the Court from US sanctions.
She urged member states to take concrete steps to oppose the sanctions.
“I think it’s important that they make very clear that they do not believe these sanctions are lawful, that in fact they see these as an attack on the administration of justice, and perhaps even as a violation of Article 70 of the Rome Statute, which speaks of obstruction of justice. And that they say they will not take steps to implement these sanctions.”
She urged key US allies to engage directly with Washington. “Those states need to say… this is unacceptable. This is beyond the pale. We will not sit by while you attack an important court of the international rule of law.”
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