Tag Archives: Hague

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U.S. sanctions on ICC prosecutor cripple tribunal’s work

The International Criminal Court’s chief prosecutor has lost access to his email, and his bank accounts have been frozen.

The Hague-based court’s American staffers have been told that if they travel to the U.S. they risk arrest.

Some nongovernmental organizations have stopped working with the ICC and the leaders of one won’t even reply to emails from court officials.

Those are just some of the hurdles facing court staff since U.S. President Donald Trump in February slapped sanctions on its chief prosecutor, Karim Khan, according to interviews with current and former ICC officials, international lawyers and human rights advocates.

The sanctions will “prevent victims from getting access to justice,” said Liz Evenson, international justice director at Human Rights Watch.

Trump sanctioned the court after a panel of ICC judges in November issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and his former defense minister, Yoav Gallant.

Judges found there was reason to believe that the pair may have committed war crimes by restricting humanitarian aid and intentionally targeting civilians in Israel’s war on Gaza.

Staffers and allies of the ICC said the sanctions have made it increasingly difficult for the tribunal to conduct basic tasks, let alone seek justice for victims of war crimes or genocide.

A spokesperson for the ICC and for Khan declined to comment. In February, ICC President Judge Tomoko Akane said that the sanctions “constitute serious attacks against the Court’s States Parties, the rule of law based international order and millions of victims.”

Order targets chief prosecutor

The February order bans Khan and other non-Americans among the ICC’s 900 staff members from entering the U.S., which is not a member of the court. It also threatens any person, institution or company with fines and prison time if they provide Khan with “financial, material, or technological support.”

The sanctions are hampering work on a broad array of investigations, not just the one into Israel’s leaders.

The ICC had been investigating atrocities in Sudan and had issued arrest warrants for former Sudanese President Omar al-Bashir on charges that include genocide. That probe has ground to a halt even as reports mount of new atrocities in Sudan, according to an attorney representing ICC prosecutor Eric Iverson, who is fighting the sanctions in U.S. courts. Iverson filed a federal lawsuit against the Trump administration seeking protection from the sanctions.

Iverson “cannot do, what I would describe as, basic lawyer functions,” said Allison Miller, who is representing Iverson in the suit.

American staffers at the organization, like Iverson, have been warned by its attorneys that they risk arrest if they return home to visit family, according to ICC officials. Six senior officials have left the court over concerns about sanctions.

One reason the the court has been hamstrung is that it relies heavily on contractors and non-governmental organizations. Those businesses and groups have curtailed work on behalf of the court because they were concerned about being targeted by U.S. authorities, according to current and former ICC staffers.

Microsoft, for example, cancelled Khan’s email address, forcing the prosecutor to move to Proton Mail, a Swiss email provider, ICC staffers said. His bank accounts in his home country of the U.K. have been blocked.

Microsoft did not respond to a request for comment.

Staffers at an NGO that plays an integral role in the court’s efforts to gather evidence and find witnesses said the group has transferred money out of U.S. bank accounts because they fear it might be seized by the Trump administration.

Senior leadership at two other U.S.-based human rights organizations told the AP that their groups have stopped working with the ICC. A senior staffer at one told the AP that employees have stopped replying to emails from court officials out of fear of triggering a response from the Trump administration.

The cumulative effect of such actions has led ICC staffers to openly wonder whether the organization can survive the Trump administration, according to ICC officials who spoke on condition of anonymity out of fear of reprisal.

One questioned whether the court would make it through the next four years.

Source: Africanews

Demonstrators angry at ICJ’s decision to dismiss Sudan’s genocide case against UAE

A handful of pro-Sudan demonstrators protested outside the International Court of Justice (ICJ) in The Hague on Monday.

They were angry about a decision made by the top United Nations court to throw out Sudan’s genocide case against the United Arab Emirates.

The ICJ found that it does not have jurisdiction in the case, although it noted deep concern about the spirally violence in Sudan.

While both countries are signatories to the 1948 Genocide Convention, the UAE has a “reservation” to the part of the treaty that allow countries to sue others at the ICJ over disputes.

Sudanese protester Mustafa Dar expressed his disappointment and said they are only asking for justice.

“Justice will never stop in one place, we go further and we will always be looking for our justice. So, what is happening today, this is not the end of the game,” he said.

Khartoum had accused the UAE of complicity in genocide in the ongoing civil war in Sudan through its alleged support for the paramilitary Rapid Support Forces (RSF).

It said the Emiratis were arming and funding the rebel paramilitary in its deadly war against the Sudanese army.

As many as 150,000 people are believed to have died in the over two years of conflict between the two sides, and more than 14 million others have been displaced.

The UAE, which has denied the accusations, applauded the  court’s decision.

Following the hearing, a senior UAE foreign affairs official, Reem Ketait, told reporters that her country “bears no responsibility for the conflict in Sudan”.

“On the contrary, the atrocities committed by the warring parties are well documented,” she said.

Both the RSF and Sudan’s military have been accused of human rights abuses. Meanwhile the civil war shows no sign of easing.

Source: Africanews

ICJ dismisses Sudan’s genocide case alleging the Emiratis funded RSF rebels

The top United Nations court on Monday dismissed a case brought by Sudan accusing the United Arab Emirates of breaching the genocide convention by arming and funding the rebel paramilitary Rapid Support Forces in the deadly Sudanese civil war.

Judges found that the International Court of Justice lacked the authority to continue the proceedings. While both Sudan and the UAE are signatories to the 1948 genocide convention, the United Arab Emirates has a carveout to the part of the treaty that gives The Hague-based court jurisdiction.

“The violent conflict has a devastating effect, resulting in untold loss of life and suffering, in particular in West Darfur. The scope of the case before the court is, however, necessarily circumscribed by the basis of jurisdiction invoked in the application,” Yuji Iwasawa, the court’s president said, reading out the decision.

Both Sudan and the UAE are signatories to the 1948 genocide convention. The UAE, however, has a caveat to part of the treaty which legal experts said would make it unlikely that the case would proceed.

The UAE applauded the decision. “The court’s finding that it is without jurisdiction affirms that this case should have never been brought forward,” Reem Ketait, a senior official at the UAE’s Ministry of Foreign Affairs, told reporters after the hearing ended.

Around a dozen pro-Sudanese protestors gathered outside the court, shouting as Ketait spoke.

In March, Sudan asked the International Court of Justice for several orders, known as provisional measures, including telling the UAE to do all it could to prevent the killings and other crimes targeting the Masalit people. In a hearing last month the UAE argued the court had no jurisdiction.

Sudan descended into a deadly conflict in mid-April 2023 when long-simmering tensions between its military and rival paramilitary forces broke out in the capital, Khartoum, and spread to other regions.

Both the Rapid Support Forces and Sudan’s military have been accused of abuses.

The UAE, a federation of seven sheikhdoms on the Arabian Peninsula which is also a U.S. ally, has been repeatedly accused of arming the RSF, something it has strenuously denied despite evidence to the contrary.

Source: Africanews

ICJ begins hearings on Israel’s humanitarian obligations in Gaza, West Bank

A Palestinian diplomat told the United Nations’ top court on Monday that Israel is killing and displacing civilians and targeting aid workers in Gaza, in a case that Israel criticized as part of its “systematic persecution and delegitimization.”

Israel denies deliberately targeting civilians and aid staff as part of its war with Hamas and did not attend the hearing at the International Court of Justice.

In The Hague, Palestinian Ambassador to the Netherlands Ammar Hijazi accused Israel of breaching international law in the occupied territories.

“Israel is starving, killing and displacing Palestinians while also targeting and blocking humanitarian organizations trying to save their lives,” he told the court.

The hearings are focussed on a request last year from the U.N. General Assembly, which asked the court to weigh in on Israel’s legal responsibilities after the country blocked the U.N. agency for Palestinian refugees from operating on its territory.

In a resolution sponsored by Norway, the General Assembly requested an advisory opinion, a non-binding but legally important decision from the court, on Israel’s obligations in the occupied territories to “ensure and facilitate the unhindered provision of urgently needed supplies essential to the survival of the Palestinian civilian population?”

Hearings opened as the humanitarian aid system in Gaza is nearing collapse. Israel has blocked the entry of food, fuel, medicine and other humanitarian supplies since March 2. It renewed its bombardment on March 18, breaking a ceasefire, and seized large parts of the territory, saying it aims to push Hamas to release more hostages. Despite the stepped-up Israeli pressure, ceasefire efforts remain deadlocked.

The World Food Program said last week its food stocks in the Gaza Strip have run out, ending a main source of sustenance for hundreds of thousands of Palestinians as many families are struggling to feed their children.

What will happen in the court?

The United Nations was the first to address the court on Monday, followed by Palestinian representatives. In total, 40 states and four international organizations are scheduled to participate.

The United States, which voted against the U.N. resolution, is scheduled to speak on Wednesday.

The court will likely take months to rule. But experts say the decision, though not legally binding, could profoundly impact international jurisprudence, international aid to Israel and public opinion.

“Advisory opinions provide clarity,” Juliette McIntyre, an expert on international law at the University of South Australia, told The Associated Press. Governments rely on them in international negotiations and the outcome could be used to pressure Israel into easing restrictions on aid.

Whether any ruling will have an effect on Israel, however, is unclear. Israel has long accused the United Nations of being unfairly biased against it and has ignored a 2004 advisory ruling by the ICJ that found its West Bank separation barrier illegal.

While Israel was not in court, Foreign Minister Gideon Saar hit back at the case.

“I accuse UNRWA, I accuse the U.N., I accuse the secretary-general and I accuse all those that weaponized international law and its institutions in order to deprive the most attacked country in the world, Israel, of its most basic right to defend itself,” he told a news conference in Jerusalem.

On Tuesday, South Africa, a staunch critic of Israel, will present its arguments. In hearings last year in a separate case at the court, the country accused Israel of committing genocide against the Palestinians in Gaza — a charge Israel denies. Those proceedings are still underway.

Israel’s troubled relations with UNRWA

Israel’s ban on the agency, known as UNRWA, which provides aid to Gaza, came into effect in January. The organization has faced increased criticism from Prime Minister Benjamin Netanyahu and his far-right allies, who claim the group is deeply infiltrated by Hamas. UNRWA rejects that claim.

On Monday, Amir Weissbrod, a Foreign Ministry official, presented Israel’s case against UNRWA. He accused it of failing to act before the war against evidence that Hamas had used its facilities, including by digging tunnels underneath them. The official said UNRWA employed 1,400 Palestinians with militant ties. Israel says some of those employees also took part in Hamas’ Oct. 7, 2023, attacks and Weissbrod said at least three of those employees still worked for the U.N. The presentation included videos, documents and pictures of the alleged employees.

The Oct. 7, 2023, attack in southern Israel killed about 1,200 people and set off the war in Gaza. UNRWA said it fired nine staffers after an internal U.N. investigation concluded that they could have been involved, although the evidence was not authenticated and corroborated.

The Israeli ban doesn’t apply directly to Gaza. But it controls all entry to the territory, and its ban on UNRWA from operating inside Israel greatly limits the agency’s ability to function. Israeli officials say they are looking for alternative ways to deliver aid to Gaza that would cut out the United Nations.

UNRWA was established by the U.N. General Assembly in 1949 to provide relief for Palestinians who fled or were expelled from their homes in what is now Israel during the war surrounding Israel’s creation the previous year until there is a political solution to the Israeli-Palestinian conflict.

The agency has been providing aid and services — including health and education — to some 2.5 million Palestinians in Gaza, the occupied West Bank and east Jerusalem, as well as 3 million more in Syria, Jordan and Lebanon.

Israel’s air and ground war has killed over 51,000 Palestinians, mostly women and children, according to the Gaza Health Ministry, which does not say how many of the dead were civilians or combatants. Israel says it has killed around 20,000 militants, without providing evidence.

Source: Africanews

ICJ begins hearings on Israel’s humanitarian obligations in Palestinian territories

The United Nations’ International Court of Justice opened public hearings on Monday about Israel’s obligations to “ensure and facilitate” humanitarian aid into Palestinian territories.  

The five days of hearings respond to a request made in December 2024 by the UN General Assembly, after Israel blocked the UN agency for Palestinian refugees, UNRWA, from operating on its territory. 

In a resolution sponsored by Norway, the General Assembly requested an advisory opinion, a non-binding but legally important decision from the court, regarding Israel’s legal obligations. 

Lawyers from more than 40 countries claim that Israel’s decision breaches the UN Charter. 

Speaking on Monday morning, Palestinian representative to the Netherlands Ammar Hijazi told the ICJ that Israel was using aid blockage as “a weapon of war.” 

Ardi Imseis, a professor of international law at Queen’s University who spoke “on behalf of the state of Palestine and the Palestinian people”, told the court that UNRWA possessed “experience, expertise and all-important community trust”, making it “absolutely vital.”  

The UN agency said it reached 2 million people with food assistance in Gaza during the ceasefire that began on 19 January and was broken when Israel resumed its bombardments on 18 March.

Israel claims that Hamas has infiltrated UNRWA, an allegation that has been contested. 

“Israel decided not to take part in this circus. It is another attempt to politicise and abuse the legal process in order to persecute Israel. The goal is to deprive Israel of its most basic right to defend itself”, said Israeli Foreign Minister Gideon Saar, speaking from Jerusalem as the hearings opened in The Hague. “This case is part of a systematic persecution and delegitimisation of Israel.” 

The ICJ has already issued several rulings demanding that Israel let aid enter Gaza.  

In July 2024, the court also ruled that Israel’s occupation of Palestinian territories was unlawful. 

The new ICJ hearings open as the humanitarian aid system in Gaza is nearing collapse. Israel has blocked the entry of food, fuel, medicine and other humanitarian supplies into Gaza since 2 March.

Source: Africanews

Russia Joins a parade of African Countries to quit International Criminal Court, Philippines may follow

ICC HeadQuarters
ICC HeadQuarters

Russia says it will withdraw from the International Criminal Court (ICC) under a directive signed by President Vladimir Putin. This falls on the hills of South Africa, Gambia and Burundi also taking actions to quit the International Criminal Court.

The Russian Foreign Ministry said the ICC had “failed to meet the expectations to become a truly independent, authoritative international tribunal,” in a statement released Wednesday. Continue reading Russia Joins a parade of African Countries to quit International Criminal Court, Philippines may follow