10 May 2024<\/p>\n
UN experts* today expressed utter dismay over statements made by United States and Israeli officials threatening to retaliate against the International Criminal Court (ICC), its officials and members of their families.<\/p>\n
\u201cAt a time when the world should unite to end the terrible bloodshed in Gaza and seek justice for those unlawfully killed, injured, traumatised, or taken hostage, since October 7, it is distressing to see State officials threatening to retaliate against a Court for pursuing international justice,\u201d the experts said.<\/p>\n
On Friday, 4 May, the Office of the Prosecutor (OTP) denounced statements that \u201cthreaten to retaliate against the Court or against Court personnel\u201d for actions taken by the Prosecutor. The OTP\u2019s statement reminded all individuals that threats of retaliation may amount to an offense against the administration of justice under Article 70 of the Rome Statute.<\/p>\n
\u201cIt 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,\u201d the experts said.<\/p>\n
\u201cThreats of retaliatory action violate human rights norms against attacks on justice personnel and exceed the accepted limits of freedom of expression. We call on all States to respect the Court\u2019s independence as a judicial institution and protect the independence and impartiality of those who work within the Court.\u201d<\/p>\n
The experts recalled that politicians and public officials play an important role in shaping the media agenda, public debate and opinion. As a result, ethical behaviour and attitudes on their part, including in their public communications, are essential for promoting the rule of law, protection of human rights, and for ensuring public trust in democratic systems of governance, they warned.<\/p>\n
In recent weeks, authorities in the United States and Israel have made inflammatory statements concerning the ICC, characterising the Prosecutor\u2019s potential actions as \u201clawless,\u201d \u201cdisgraceful,\u201d and any possible warrants as \u201can outrageous assault\u201d and \u201can abomination\u201d. Such comments have persisted for more than a week amid reports that Congressional leaders in the United States are preparing possible retaliatory action, including sanctions on individuals who work for the Court and efforts to de-fund the ICC, should arrest warrants be issued against Israeli officials, and threats from the Israeli Finance Minister to also withhold funds from the Palestinian Authority.<\/p>\n
The experts recalled that the ICC has the mandate to investigate and prosecute individuals for the grave international crimes of genocide, war crimes, and crimes against humanity.<\/p>\n
The Court\u2019s judges have authorised the ICC Prosecutor to investigate crimes committed on the territory of the State of Palestine since 2014 by any individual\u2014whether Palestinian, Israeli, or another nationality \u2014and any such crimes committed by Palestinian nationals, including crimes that took place inside Israel. The ICC Prosecutor has stated that his ongoing investigation includes recent events in occupied Gaza and West Bank.<\/p>\n
\u201cA majority of the world\u2019s countries support the Court,\u201d they said. \u201cThe ICC\u2019s 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.\u201d<\/p>\n
The experts have been in touch with Israel and the United States about these concerns.<\/p>\n<\/div>\n<\/div>\n
*The experts:<\/strong>\u00a0Margaret Satterthwaite,<\/strong>\u00a0Special Rapporteur on the independence of judges and lawyers<\/a>; Francesca Albanese,\u00a0UN Special Rapporteur on human rights in the Palestinian territories occupied since 1967<\/a>; Ben Saul,\u00a0Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism<\/a>; Cecilia M Bailliet,\u00a0Independent Expert on human rights and international solidarity<\/a>; Siobh\u00e1n Mullally,\u00a0Special Rapporteur on trafficking in persons, especially women and children<\/a>; Paula Gaviria Betancur,\u00a0Special Rapporteur on the human rights of internally displaced persons<\/a>; Irene Khan,\u00a0Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression<\/a>; George Katrougalos,\u00a0Independent Expert on the promotion of a democratic and equitable international order<\/a>; Bernard Duhaime,\u00a0Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence<\/a>; Marcos A. Orellana,\u00a0Special Rapporteur on the implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes<\/a>\u00a0; Gina Romero,\u00a0Special Rapporteur on the Rights to Freedom of Peaceful Assembly and of Association;<\/a>\u00a0Ashwini K.P.,\u00a0Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance<\/a>; Graeme Reid,\u00a0Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity<\/a>; Surya Deva,\u00a0Special Rapporteur on the right to development<\/a>; Aua Bald\u00e9 (Chair-Rapporteur), Gabriella Citroni (Vice Chairperson), Angkhana Neelapaijit, Gra\u017cyna Baranowska, Ana Lorena Delgadillo P\u00e9rez,\u00a0Working Group on Enforced or Involuntary Disappearances<\/a>; Tomoya Obokata,\u00a0Special Rapporteur on contemporary forms of slavery, including its causes and consequences<\/a>; Astrid Puentes,\u00a0Special Rapporteur on the human right to a clean, healthy and sustainable environment<\/a>; Farida Shaheed,\u00a0Special Rapporteur on the right to education<\/a>; Michael Fakhri,\u00a0Special Rapporteur on the right to food<\/a>; Pedro Arrojo-Agudo,\u00a0Special Rapporteur on the human rights to safe drinking water and sanitation<\/a>; Dorothy Estrada Tanck (Chair), Claudia Flores, Ivana Krsti\u0107, Haina Lu, and Laura Nyirinkindi (Vice-Chair),\u00a0Working group on discrimination against women and girls<\/a>; Jose Francisco Cal\u00ed Tzay,\u00a0Special Rapporteur on the rights of Indigenous Peoples;<\/a>\u00a0Nicolas Levrat,\u00a0Special Rapporteur on Minority issues<\/a>; Alexandra Xanthaki,\u00a0Special Rapporteur in the field of cultural rights<\/a>; Mary Lawlor,\u00a0Special Rapporteur on the situation of human rights defenders<\/a>; Balakrishan Rajagopal,\u00a0Special Rapporteur on the right to adequate housing<\/a>; Richard Bennett,\u00a0Special Rapporteur on the situation of human rights in Afghanistan<\/a>; Matthew Gillett (Chair-Rapporteur), Priya Gopalan (Vice-Chair on Follow-Up), Miriam Estrada-Castillo, and Mumba Malila,\u00a0Working Group on arbitrary detention<\/a>; Reem Alsalem,\u00a0Special Rapporteur on violence against women and girls, its causes and consequences<\/a>; Barbara G. Reynolds (Chair), Bina D\u2019Costa, Dominique Day,\u00a0Working Group of Experts on People of African Descent<\/a>; Olivier De Schutter,\u00a0Special Rapporteur on extreme poverty and human rights<\/a>; Ana\u00efs Marin,\u00a0Special Rapporteur on the situation of human rights in Belarus<\/a><\/p>\n