Judges at the International Criminal Court (I.C.C.) have denounced the impact of sanctions imposed by the Trump administration, citing significant disruptions to their professional and personal lives. The sanctions, initially levied in 2020, targeted I.C.C. officials involved in investigations into alleged war crimes committed by U.S. personnel in Afghanistan.
Luz del Carmen Ibáñez Carranza, an I.C.C. judge and former prosecutor in Peru, stated the sanctions have effectively isolated those targeted from the American financial system. This includes restrictions on access to U.S. funds, goods, and credit cards, as well as prohibitions on individuals and businesses in the United States from engaging with them. "We're treated like pariahs," Ibáñez Carranza said, "we are on a list with terrorists and drug dealers."
The Trump administration's actions stemmed from the I.C.C.'s decision to investigate allegations of war crimes and crimes against humanity in Afghanistan, potentially involving U.S. military and Central Intelligence Agency (C.I.A.) personnel. The United States, like several other nations including Russia, China, and Israel, is not a party to the Rome Statute, the treaty that established the I.C.C., and does not recognize the court's jurisdiction over its citizens. The U.S. government has long maintained that its military justice system is capable of handling any allegations of wrongdoing by its personnel.
The I.C.C., based in The Hague, Netherlands, is an intergovernmental organization and international tribunal with the jurisdiction to prosecute individuals for the international crimes of genocide, crimes against humanity, war crimes, and the crime of aggression. It is intended as a court of last resort, stepping in only when national courts are unwilling or unable to prosecute such crimes. The court’s investigations in Afghanistan also included alleged crimes committed by the Taliban and Afghan forces.
On December 18, Washington added two more I.C.C. judges to the sanctions list, bringing the total number of sanctioned officials to eleven, including eight judges and the court's three top prosecutors. The sanctions were widely condemned by international legal scholars and human rights organizations, who argued that they undermine the court's independence and ability to hold perpetrators of atrocities accountable. Critics also pointed out the irony of the U.S., a nation that historically championed international justice, now actively obstructing it.
The Biden administration has since lifted the sanctions imposed by its predecessor. However, the long-term impact on the I.C.C.'s operations and its relationship with the United States remains to be seen. The investigations in Afghanistan have been paused, but the I.C.C. continues to face challenges in securing cooperation from states and accessing evidence in conflict zones around the world. The court's legitimacy and effectiveness depend on the support and cooperation of the international community, including powerful nations like the United States.
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