93 members states say ICC must be allowed to work 'without intimidation', call for protection of staff

In a significant public intervention, 93 nations released a joint statement in which they maintained that the International Criminal Court (ICC) must be allowed to carry out its work “without intimidation”. The group of nations issued a joint statement on the matter on Friday.

In the statement, they pledged to defend the institution and “preserve its integrity from any political interference and pressure against the court, its officials and those cooperating with it”.

The show of support came days after a report from The Guardian revealed that Israeli intelligence agencies are involved in efforts to undermine, influence and intimidate the court as part of a nine-year campaign of surveillance and espionage.

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What does the letter say?

The letter was written by states who were parties to the Rome Statute of ICC. “We uphold that the Court, its officials and staff shall carry out their professional duties as international civil servants without intimidation,” the statement reads.

“We reconfirm our unwavering support for the Court as an independent and Impartial judicial institution. In this regard, we reiterate our commitment to uphold and defend the principles and values enshrined in the Rome Statute and to preserve its integrity from any political interference and pressure against the Court, its officials and those cooperating with it. We renew our resolve to stand united against impunity,” the group furthered.

93 States Parties have joined the following statement in support of the International Criminal Court, initiated by a cross-regional core group of 5 countries (🇧🇪🇨🇱🇯🇴🇸🇳🇸🇮) ⬇️ pic.twitter.com/Z9O1TMXVnF

— Belgium UN New York (@BelgiumUN) June 14, 2024

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The joint statement also followed recent warnings by the office of the ICC’s chief prosecutor, Karim Khan, that it had been subjected to “several forms of threats” and hostile intelligence activity.

Last month, Khan stated that he had filed applications for arrest warrants against senior Hamas and Israeli officials for war crimes and crimes against humanity, which were allegedly committed during the ongoing Israel-Hamas war.

What stirred the headlines was the fact that the list also included Israel’s Prime Minister Benjamin Netanyahu. It is pertinent to note that Khan’s decision to seek an arrest warrant against Netanyahu and Israeli Defence Minister Yoav Gallant, is the first time an ICC prosecutor has taken such action against the leaders of a close Western ally.

The move soon provoked a fierce response from Israel and its ally, the United States.

The statement in question was drafted by five courts of member states – Belgium, Chile, Jordan, Senegal and Slovenia. It was presented to the other member nations for an endorsement last week.

The nations maintained that the statement was not directed at Israel and they also touched upon other hostile activities against the ICC, such as a cyber-attack last year.

“The court is going after some very powerful people, not just in the Palestine investigation, and it’s time to send a message that the state parties are there to defend it,” a source close to the ICC told The Guardian. Many lauded the show of support for the member states.

“This is a unique moment of international solidarity, with 93 ICC states parties standing up for global justice and accountability for mass atrocities,” Danya Chaikel, the International Federation for Human Rights’s representative to the ICC, said.

“They are collectively opposing the egregious threats to the court from powerful countries including Israel, the US and Russia, and strongly rejecting their efforts to manipulate the rule of law for political gains,” she furthered.

With inputs from agencies.