Ninety-three member states of the International Criminal Court (ICC) declared their “unwavering support” for the court to independently carry out its professional duties, in a joint statement published on Monday. This statement follows threats against several ICC members, particularly Prosecutor Karim Khan, after he announced the pursuit of arrest warrants against Israeli Prime Minister Benjamin Netanyahu and three Hamas leaders.
In their declaration, the ICC member states emphasized that the court, along with its officials and staff, is an independent and impartial judicial institution that should operate without interference or intimidation. They urged all nations to fully cooperate with the ICC to enforce its mandates, asserting that supporting the court would help end impunity for international crimes and prevent their recurrence. They also emphasized the importance of respecting international law.
The Rome Statute establishes the ICC’s framework, jurisdiction, and international personality. By becoming a party to the statute, states accept the court’s jurisdiction over genocide, crimes against humanity, war crimes, and the crime of aggression. The US and Israel, despite being initial signatories in 2000, expressed their intention in 2002 not to become parties to the statute, disputing the ICC’s jurisdiction over them.
In April, 12 US senators threatened to sanction Khan if ICC prosecutors attempted to assert jurisdiction over the US or its allies. Netanyahu subsequently called on the international community to prevent the court from issuing warrants, claiming it undermines Israel’s right to self-defense.
Following the announcement of the arrest warrant applications on June 4, the US House of Representatives passed a bill that would enforce sanctions on the ICC and related prosecutors through visa restrictions and property freezes. Although President Joe Biden has opposed the bill, Speaker of the House Mike Johnson has maintained that the ICC’s actions fall outside its jurisdiction, and stated that Israel is respecting the rule of law.
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