Justice Initiative Joins Common Stand Against US Sanctions on ICC
NEW YORK—The Open Society Justice Initiative has joined more than 70 civil society and faith-based organizations in expressing its deep concern over the potential use of United States sanctions to attack the International Criminal Court (ICC)—an independent judicial institution dedicated to combating impunity for the gravest crimes known to humanity.
A joint open letter to the US Congress and the incoming Trump administration argues that the ICC performs a vital role in international affairs by investigating crimes that shock the conscience of humanity: “It does so in a manner that protects the due process rights of the accused, the sovereignty of states, including the United States, and the rights of victims."
"[S]upporting the work of the Court is in the interest of the United States, and sanctioning it, conversely, undermines important US interests.”
Members of the US House of Representatives are expected to approve a bill shortly calling on the President to impose sanctions on Court officials and others who support it, in response to the ICC arrest warrants against Israel’s prime minister Benyamin Netanyahu and former defense minister Yoav Gallant. The warrants were issued in November for crimes against humanity and war crimes allegedly committed during Israel’s ongoing military campaign in Gaza.
The bill (HR-23) calls for the US president to impose financial sanctions on any foreign person supporting ICC actions against “the United States, Israel, or any other ally of the United States” that has not consented to ICC jurisdiction.
The bill has been revived from the previous Congress when it was passed by the House, but failed to advance in the Senate amid opposition from the Biden administration.
In contrast, incoming US president Donald Trump imposed sanctions targeting two senior ICC officials in June 2020 during his first term, for advancing an investigation into grave crimes committed in Afghanistan that threatened to include US military personnel and allies.
The Open Society Justice Initiative subsequently sought a declaration from the federal district court in New York that the executive order violated the Constitution and statutory law. The case was dismissed after President Biden revoked the sanctions in early 2021.
The new joint open letter recalls that the U.S. Congress has recognized the positive role of the ICC through previous bipartisan support for investigations into war crimes allegedly perpetrated by Russian officials in the Ukraine conflict, attempts to bring justice for the victims of gross human rights violations in Myanmar, and as a pathway to accountability for perpetrators of atrocities in Sudan, among other situations.
James A. Goldston, executive director of the Open Society Justice Initiative, said: “The ICC is an embodiment of America’s commitment to the rule of law. Since Nuremberg, the United States has led efforts to bring to account those most responsible for atrocities around the world. Imposing sanctions on the ICC would be deeply misguided, and a betrayal of American values.”
The Open Society Foundations is committed to the independent and impartial pursuit of international justice in all situations where crimes under international law have been perpetrated. The organization has supported these efforts since the establishment of the International Criminal Tribunal for the former Yugoslavia in the early 1990s.
In the 1990s, Open Society supported the international campaign that led to the global diplomatic agreement in 1998 to create the ICC and have played a critical role in supporting the court’s dialogue with civil society groups during its more than two decades of existence.