Headquarters of the International Criminal Court in The Hague.
Dozens of independent UN human rights experts issued a statement today expressing their deep disappointment at statements by US and Israeli officials threatening reprisals against the ICC, its officials and their families.
At a time when the world should come together to end the horrific bloodshed in Gaza and to bring justice to justice to those who have been unlawfully killed, injured, traumatized or taken hostage since 7 October last year, it is distressing to see some State officials threatening reprisals against the International Criminal Court (ICC) in pursuit of international justice, the experts said.
Beyond the scope of free speech
In recent weeks, the US and Israeli authorities have made inflammatory statements against the ICC, calling possible actions by the prosecutor "lawless", "shameful" and any possible arrest warrants a "heinous attack" and an "abominable act".
The rhetoric has been going on for more than a week, amid reports that U.S. congressional leaders are preparing possible retaliation, including sanctions against individuals working for the International Criminal Court and working to cut funding for the agency in response to possible arrest warrants against Israeli officials. The Israeli finance minister also threatened to withhold Palestinian Authority funds.
The experts noted that politicians and government officials play an important role in influencing media agendas, public debate and the direction of public opinion. Their ethical behaviour and public statements are therefore essential to promoting the rule of law, protecting human rights, and ensuring public trust in democratic systems of governance.
The threat of retaliation violates human rights norms prohibiting attacks on members of the judiciary and goes beyond the accepted scope of freedom of expression.
or constitute a crime against the administration of justice
On 4 May, the ICC Office of the Prosecutor condemned statements about threats of retaliation. The Office's statement reminded everyone that the threat of reprisals could constitute a crime against the administration of justice under article 70 of the Rome Statute.
The experts said it was alarming to see some countries claiming to be champions of the rule of law trying to intimidate an independent and impartial international tribunal in order to obstruct accountability.
The experts called on all States to respect the independence of the Court as a judicial institution and to protect the independence and impartiality of its personnel.
The experts noted that the mandate of the International Criminal Court is to investigate and prosecute individuals for serious international crimes, such as genocide, war crimes and crimes against humanity.
ICC judges have authorized the Prosecutor to investigate all crimes committed in the Palestinian territories by all individuals, whether Palestinians, Israelis or other nationalities, since 2014, as well as any such crimes committed by Palestinian nationals, including those committed in Israel.
They said that most countries in the world support the ICC. The role of the Court is more important than ever. Obstructing the work of that body and its prosecutor would have a negative impact not only on accountability in the occupied Palestinian areas, but also on international justice as a whole.
The experts have communicated with Israel and the United States on these issues.
Human rights expert
Special rapporteurs and working groups are part of the Special Procedures of the Human Rights Council. Special Procedures, the largest body of independent experts in the UN human rights system, is the general name of the independent fact-finding and monitoring mechanism of the Human Rights Council, dealing with country-specific situations or thematic issues around the world. Special procedures experts work on a voluntary basis. They are not United Nations staff members and do not receive a salary at the United Nations. They are independent from any government or organization and serve the United Nations in their individual capacity.
