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IBA President, Claudio Visco
By BONIFACE AKARAH
The International Bar Association (IBA) has warned that new United States sanctions targeting the International Criminal Court (ICC) could severely disrupt the court’s operations and undermine access to justice for victims of genocide, war crimes and other serious international offences.
In a news release, the association condemned the sanctions imposed on October 9 by the US administration under Executive Order 14203, issued on February 6, 2025, and called on all 125 ICC States Parties to take urgent steps to protect the court and limit the impact of the measures.
IBA President, Claudio Visco, said the sanctions could threaten the court’s mandate and frustrate victims seeking justice.
“The IBA is deeply concerned that use of sanctions against the ICC, the world’s only permanent international criminal court, will put at risk the ICC mandate and frustrate victims’ hopes for justice,” Visco said.
He added that the measures placed an unacceptable burden on judges and lawyers working on behalf of victims, urging governments to respect the court’s independence and the global rule of law.
The association said the latest action marked an escalation because, unlike previous measures targeting individual officials and judges, the United States had now designated the court itself as an entity on its list of specially designated nationals.
IBA Executive Director, Dr Mark Ellis, described the move as a significant challenge to international justice.
“The sanctioning of the Court itself is an escalation that would have previously been unthinkable, and a move that shows the total rejection of the rule of law on the part of the Trump Administration,” Ellis said.
He argued that the ICC remained a critical avenue for victims of the gravest international crimes to seek redress.
“For many victims of genocide, war crimes, crimes against humanity, and aggression, the ICC is the only hope for justice,” he said.
Ellis warned that targeting the institution could weaken the international system established under the Rome Statute to ensure that serious crimes do not go unpunished.
“This is a dark day for the international justice and global rule of law. ICC States Parties must act with resolve, and use all the measures at their disposal to push back on this action and provide support to the ICC,” he added.
According to the IBA, the sanctions could affect the court’s ability to conduct trials and investigations, protect witnesses, deliver reparations to victims and maintain defendants in detention.
The association said the ICC was investigating 13 situations, including those involving the Democratic Republic of Congo, Darfur in Sudan, Libya, Côte d’Ivoire, Mali, Burundi, Bangladesh/Myanmar, Afghanistan, Palestine, the Philippines, Venezuela, Ukraine, and the Republic of Lithuania/Republic of Belarus.
It also noted that seven individuals were in ICC custody, while reparations for victims were ongoing in four cases arising from situations in the Democratic Republic of Congo, Mali and Uganda.
The latest designation follows earlier US sanctions against ICC President Judge Tomoko Akane and eight other judges, as well as deputy prosecutors, a senior trial attorney and former ICC Prosecutor Karim Khan, according to the release.
The IBA also cited sanctions against Francesca Albanese, the United Nations Special Rapporteur on human rights in the occupied Palestinian territory, and three Palestinian human rights organisations for their work in support of the ICC.
The association called on all States Parties to publicly reject the sanctions, reaffirm their support for the court and adopt national and regional measures to limit the effects on its operations.
It further urged countries to act individually and collectively through the Assembly of States Parties to safeguard the institution and protect those working with it.