UN experts condemn threats against ICC by U.S. and Israel amid Gaza conflict

Highlighting the role of public officials in shaping public opinion and media, the UN experts stressed the importance of ethical conduct to uphold the rule of law and ensure public trust in governance.

UN experts today voiced their profound concern over recent statements by officials from the United States and Israel that threatened retaliatory actions against the International Criminal Court (ICC), its staff, and their families. These statements have emerged in a period marked by severe violence in Gaza, demanding an urgent global call for justice and accountability.

On May 4, the Office of the Prosecutor (OTP) at the ICC highlighted alarming remarks aimed at intimidating the Court's personnel. Such threats, the OTP warned, could constitute offenses against the administration of justice as per Article 70 of the Rome Statute, the foundational legal framework of the ICC.

The experts expressed shock over the behavior of these nations, traditionally seen as defenders of the rule of law, stating, "It is shocking to see countries that consider themselves champions of the rule of law trying to intimidate an independent and impartial international tribunal to thwart accountability."

Highlighting the role of public officials in shaping public opinion and media, the UN experts stressed the importance of ethical conduct to uphold the rule of law and ensure public trust in governance. They urged all states to honor the ICC’s independence and protect its staff from retaliatory actions that contravene human rights norms and exceed acceptable expressions of free speech.

The inflammatory rhetoric used by some U.S. and Israeli officials described the ICC's potential actions as "lawless" and "disgraceful," with possible arrest warrants labeled as "an outrageous assault" and "an abomination." Amidst these tensions, reports indicate potential retaliatory measures from the U.S., such as sanctions against ICC personnel and efforts to cut funding to the Court. Similarly, Israel's Finance Minister has hinted at withholding funds from the Palestinian Authority.

The ICC has jurisdiction to investigate and prosecute significant international crimes like genocide, war crimes, and crimes against humanity in the territory of the State of Palestine since 2014. This includes actions by any individual—Palestinian, Israeli, or other nationalities—and extends to crimes committed by Palestinians inside Israel. The Court’s focus includes the ongoing conflict in occupied Gaza and the West Bank.

The UN experts underscored the critical role of the ICC in the current global landscape, emphasizing that "A majority of the world’s countries support the Court. The ICC’s role is more crucial than ever. Impeding the work of the Court and its Prosecutor will be detrimental, not only for accountability in the occupied Palestinian territory but for international justice as a whole."

The experts confirmed that they are in ongoing discussions with both Israel and the United States regarding these concerns.