Sanctions aimed at silencing judges endanger victims’ access to justice: Civil society condemns new U.S. sanctions against ICC Judges
The Coalition for the International Criminal Court (CICC) unequivocally condemns the decision of the United States administration to impose new sanctions on judges of the Appeals Division of the International Criminal Court (ICC), Judge Gocha Lordkipanidze of Georgia and Judge Erdenebalsuren Damdin of Mongolia. These designations undermine the basic principle that judicial actors must be able to apply the law freely, without fear of coercion, intimidation or reprisal and represent a direct attack against the Court’s independence.
The measures follow the sanctioning of the ICC Prosecutor, the Deputy Prosecutors and six judges, the UN Special Rapporteur on the situation of human rights in the occupied Palestinian territories, Francesca Albanese and four leading Palestinian human rights organisations, Addameer Prisoner Support and Human Rights Association (Addameer), Al-Haq, Al Mezan Center for Human Rights and the Palestinian Centre for Human Rights (PCHR).
These sanctions mark a further escalation in a sustained campaign against international justice and form part of a broader effort to intimidate and silence those engaged in the pursuit of accountability for the gravest crimes known to humanity. By targeting judges, prosecutors, civil society organisations and UN mandate holders, the United States is seeking to deter those who support victims’ access to justice and to obstruct the mechanisms established to confront impunity.
A direct attack on judicial-decision making and the independence of ICC judges
The United States Secretary of State has publicly stated that the judges are being sanctioned for “voting with the majority in favor of the ICC’s ruling against Israel’s appeal on December 15.”
Sanctioning judges for their vote in a judgement constitutes a direct attack on judicial independence and an overt attempt to interfere with the lawful functioning of the Court. Judicial voting and legal reasoning are core judicial acts. Treating such acts as sanctionable conduct sets, again, a dangerous precedent that threatens not only the ICC, but judicial institutions everywhere.
Defending justice and those who make accountability possible
By punishing those mandated to uphold international justice, states send a chilling message to victims across all ICC situations: that justice is contingent on political power rather than legal principle, and that some suffering is deemed unworthy of accountability. This represents not only an assault on the rule of law, but a profound betrayal of victims’ rights to remedy and reparations.
The Coalition for the International Criminal Court stands in unwavering solidarity with the ICC Officials, the United Nations Special Rapporteur on the situation of human rights in the occupied Palestinian territory, and the Palestinian civil society organisations that have been targeted by these sanctions. All of these actors are being punished for carrying out their mandates and for supporting victims’ access to justice. They already face mounting threats and reprisals for their commitment to accountability, and must be protected and supported, not intimidated or sanctioned.
Protecting those who protect justice: the time to act is NOW
The Coalition calls on the government of the United States to cease any effort, including through sanctions, to derail the work of those seeking justice, and commit to supporting access to justice for all victims and survivors of serious international crimes, including before the ICC.
Failure to act risks normalising the intimidation of judges and the obstruction of justice. The independence of the Court is a collective responsibility of its States Parties.
The Coalition for the ICC therefore calls upon all 125 States Parties to the Rome Statute to uphold their responsibility to safeguard the Court and victims’ access to justice and to demonstrate this commitment through decisive measures:
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Condemn these sanctions unequivocally and publicly.
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Urge the government of the United States to immediately rescind the ICC related sanctions programme and cease further sanctions against those working for justice and accountability.
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Adopt and/or implement national and regional blocking statutes, such as the European Union (EU) blocking statute that aims to shield European operators from the effects of extraterritorial sanctions. Blocking statutes and similar instruments can provide civil society, the Court and its partners with essential protection and send a powerful message that ICC member countries will not tolerate efforts to undermine the Court.
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Protecting service providers by guaranteeing that providing services to the ICC and organisations supporting its work is lawful and shielded and creating legal safeguards to prevent non-US banks and service providers from over-complying with threats of US sanctions. States Parties must act urgently to protect those targeted by these sanctions, guarantee that they can continue their essential work and have access to services.
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Fulfil legal obligations and guarantee full cooperation with the ICC across all situations, equally, including by executing arrest warrants, harmonising national laws with the Rome Statute, ratifying and implementing the Agreement on Privileges and Immunities of the ICC (APIC), and concluding voluntary cooperation agreements.
Justice must be defended
Justice cannot be subjected to sanctions, and judges cannot be punished for applying the law. When judicial independence is attacked, the rights of victims and the credibility of the international legal order are placed at risk. The international community is now confronted with a clear choice: to allow intimidation and political pressure to dictate the course of justice, or to uphold the rule of law through decisive and collective action. Protecting accountability for the gravest crimes is not optional. It is a responsibility that must be defended, without hesitation, when it comes under attack.
