ICC President Akane presents the Court’s annual report to the UN General Assembly
“During the reporting period, attacks, threats and coercive measures against the Court and its officials have persisted, and continue to pose a serious threat to the administration of justice by the Court and to the global fight against impunity”, stressed Judge Akane. “Civil society and those working for international justice have also been targeted by such acts. As set out in the written report, these include the sanctions imposed and arrest warrants issued against the Judges and the leadership of the Prosecution as well as cyberattacks against the Court.”
Throughout her address to UN Member States, President Akane reminded state representatives of the relevance of the Court’s work, signaling that “Sadly, crimes that shock the conscious of humanity continue to plague this world and the fight against impunity must continue with the full backing of the international community.”
President Akane’s remarks
The ICC’s annual report to the UNGA generally offers a comprehensive overview of the Court's major judicial developments, cooperation efforts with States and institutions, and the political, legal and financial challenges it faces. It is also a crucial platform for reaffirming the principles that underpin the ICC–UN relationship, particularly complementarity, independence, and the shared responsibility to protect the integrity of the Rome Statute system.
This was the second time that President Akane has addressed the UNGA after assuming the position of ICC President in 2024. In her remarks this year, Akane underscored the importance of a strong, independent Court and the significance of its role in delivering justice to victims "of unimaginable atrocities that deeply shock the conscience of humanity.”
“The Judges of the International Criminal Court act without fear or favour, lending legitimacy to the entire multilateral system and to the States Parties to the Rome Statute who elected them. Their judgements remind the international community that justice has a neutral voice that transcends borders and interests,” President Akane said.
President Akane drew particular attention to the pressures the Court has faced over the past year, including U.S. sanctions against ICC prosecutors and judges and continued threats of more sanctions to come down the line.
"When these Judges are pressured, threatened, or undermined, the credibility of international law itself is weakened. During the reporting period, attacks, threats and coercive measures against the Court and its officials have persisted and continued to pose a serious threat to the administration of justice by the Court,” President Akane said.
The Court has also faced non-cooperation by States Parties. Notably, Tajikistan failed to comply with arrest warrants issued by the Court for alleged crimes committed by Russian President Vladimir Putin in the context of the war in Ukraine. ICC Judges also recently determined that Italy failed to comply with its cooperation obligations when it arrested then released Al-Masri Njeem, suspected of war crimes and crimes against humanity in Libya.
“The Court calls upon all UN member states to take action both individually and collectively in defense of the court and the principles enshrined in the Rome Statue,” stated President Akane. She also reminded the audience of the goal of universality, or having all states join the Rome Statute.
“Universality of the Rome Statute is one of the most important means to increase the Court’s legitimacy and reinforce the commitment made by the international community when the Court was established.”
President Akane concluded with a cautionary reminder of the vulnerability of the project the General Assembly helped to build during the 20th century:
“We are constantly reminded of the fragility of this endeavor and how a momentary lapse in our commitment can have a detrimental impact on decades-long work. Despite all the challenges, the International Criminal Court will continue to carry out its judicial mandate to deal with individual criminal responsibility, with full independence and impartiality. In so doing, the Court hopes to offer its contribution to the rule of law in the international community.”
States reaffirm support for the Court and denounce measures threatening the integrity of the international justice system
Following the President’s statement, many member States representatives took the floor to express their continued support for the work of the ICC and the importance of remaining steadfast in the face of sanctions, non-cooperation and other threats to the mission of the Rome Statute.
States interventions began with a statement presented by Ambassador and Deputy Permanent Representative of the Kingdom of the Netherlands, Bahia Tahzib-Lie, who introduced the resolution welcoming the Court’s report and underlined the need for stronger cooperation.
Among those who spoke in support of the Court’s work following Tahzib-Lie, was Permanent Representative Ambassador Anna Johannsdottir of Iceland who delivered a joint statement on behalf of the five Nordic countries. Cooperation was an important theme highlighted in her statement.
“As the world’s sole permanent international criminal court, the ICC serves as a court of last resort when States are unwilling or unable to prosecute those responsible. The Nordic countries stress that, under the Rome Statute, States Parties have undertaken the solemn obligation to cooperate fully with the Court, and this includes the obligation to comply with requests from the Court for arrests and surrender. All States, whether parties to the Rome Statute or not, can choose to cooperate with the ICC, and we strongly encourage all to do so, in pursuit of justice for victims and survivors of the most serious international crimes,” Johannsdottir said.
Several other states referenced recent challenges the Court has faced and renewed their steadfast commitment to supporting the ICC’s mission. Luxembourg “reaffirmed its unwavering support” for the ICC and emphasized the “vital role of Trust Fund for Victims,” the “need to bring ICC’s jurisdiction over crime of aggression in line with 3 other crimes in Rome Statute” and the “key role of civil society.”
A joint statement on behalf of Estonia, Lativia and Lithuania also acknowledged recent challenges the Court has faced in the form of cyberattacks, and coercion. They also highlighted the need for “full cooperation with arrest warrants,” especially in the case of Putin and Lvova-Belova. ICC Judges issued arrest warrants for these two individuals in March 2023 in relation to the situation in Ukraine. Non-cooperation has been an issue in advancing the case as Tajikistan failed to arrest Putin earlier this year.
A particularly notable intervention was delivered by Permanent Representative of Mexico, Héctor Vasconcelos, on behalf of 59 States Parties to the Rome Statute who endorsed the statement. The statement referenced the grave threat that U.S. sanctions against ICC staff has on the Court’s ability to complete its mission:
“We express our deep concern over recent measures sanctioning ICC officials, staff and those cooperating with the Court, in response to the Court carrying out its mandate under the Rome Statute. Such measures erode the international rule of law, constitute an unacceptable interference with judicial independence, undermine ongoing investigations, and threaten the global fight against impunity. Sanctions against the ICC, which was established in relationship with the United Nations system, violate both the letter and spirit of the Rome Statute and consequently place victims, witnesses, and Court officials, many of whom are our nationals, at risk.”
The Coalition for the ICC reaffirms its unwavering support for the Court
The Coalition welcomes the principled statements of ICC States Parties in support of the Court. The annual meeting between the ICC’s President and the UNGA comes in the context of recent high-level attacks on the integrity of the Rome Statute and the ICC.
Sanctions on high level officials in the ICC threaten the ability of the Court to complete its mission and impact the broader international legal order. This is a critical moment for the ICC States Parties to voice their continued support for the independence of the ICC and to reaffirm the significance of the Rome Statute. Diplomatic statements alone, however, are not enough: The ICC’s global role, providing justice when national systems are unable or unwilling to act, demands that political solidarity be matched by meaningful political and financial commitment.
“This year’s debate on the ICC in the UNGA was a crucial moment for ICC states parties to reaffirm their steadfast support for the Court on the world’s stage. At a time when both the Court and the rule of law globally are facing unprecedented challenges and existential threats, from a lack of cooperation to sanctions imposed on ICC officials and those supporting it, this important dialogue served as a strong reminder that the work of the ICC and the UN are intrinsically linked and more necessary than ever,” said Yasmina Gourchane, the Coalition for the ICC’s New York Representative.
The ICC is a court of last resort and is the only standing international court to prosecute the gravest international crimes. If sanctions or other threats to the Court render it inoperative, the world will lose this invaluable institution, possibly forever.
Call to action
The Coalition for the ICC calls upon ICC States Parties and all members of the UNGA to:
- Ensure the Court can continue its work undeterred and independently.
- Pledge their continued financial support to the Court.
- Cooperate with all investigations and arrest warrants by the Court.
If we allow the Court to fall, victims will lose an essential mechanism of seeking justice for the world’s gravest crimes. We cannot be quiet in the face of impunity. Accountability and truth must prevail in the face of grave threats to international justice.
