Donald Trump’s order to impose financial and visa sanctions on the International Criminal Court (ICC) constitutes an attack on international justice, warns Krzysztof Śmiszek, a Member of the European Parliament from the New Left party. He cautions that such assaults should be viewed as a threat to the rights of victims of war crimes. During a debate in the European Parliament in Strasbourg, EU representatives expressed support for the attacked institution and the order it upholds.
The President of the United States signed an order to impose financial and visa sanctions on the ICC, additionally aiming sanctions at individuals who back the institution. Donald Trump accuses the ICC of unlawful actions that harm the USA and its close ally, Israel. This refers to the arrest warrant issued by the court last November for Israel Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Galant, who may be responsible for war crimes and crimes against humanity in the Gaza Strip, such as exploiting famine and lack of response to attacks on civilians.
“We are facing an attack on international justice and the wide-ranging international dimension of justice. The International Criminal Court, for its independent, autonomous decisions, has been subjected to sanctions by the United States, who is not a party to treaties or the Rome Statute in the context of the International Criminal Court,” says Krzysztof Śmiszek to Newseria news agency.
A debate on the protection of the international justice system taking place in the European Parliament strongly highlighted the support of EU member states for the ICC, as well the International Court of Justice, which is the main judicial body of the United Nations. EU Justice Commissioner Michael McGrath backed a robust and independent system operating on a global scale, and promised diplomatic and financial support.
In a statement issued in early February, ICC officials stressed that Trump’s order represents one of a series of unprecedented and escalating attacks aiming to undermine the authority of the court, as well as an assault on countries adopting the Roman Statute of the ICC, the international order based on the rule of law, and the memory of millions of victims.
“Such events must be treated seriously as a direct attack not only on these institutions, but also a threat to the rights of victims of war crimes or war crimes that seek justice in institutions such as the International Criminal Court. The fact that one powerful country attacks in a very direct, very brutal way, such a highly respected institution, which is supported by dozens of countries around the world, may only indicate that we may be dealing with a crisis of international justice,” assesses the MEP from the New Left.
This could have wide-ranging implications for victims of armed conflicts, not limited to Palestinians.
“Beyond the Polish border, a brutal war rages, tens of thousands of Ukrainians have fallen victims to war crimes, torture, or rape, so affected individuals or the families of victims expect that the independent court in The Hague will one day judge these crimes. But today, seeing what is happening on the international level, seeing how the Trump administration attacks the International Criminal Court, these people might start to doubt whether they will indeed see international justice,” says Krzysztof Śmiszek.
The politician points out that the authority of the International Criminal Court is also undermined by the selective treatment of its resolutions by certain countries, which, in the MEP’s view, undermines the credibility of such a country.
“A bad example is the position of part of the Polish government, the Prime Minister, in the context of the potential arrival of Benjamin Netanyahu to Poland. Both Vladimir Putin and Benjamin Netanyahu are the subject of the same arrest warrant from the International Criminal Court, and all these arrest warrants carry the same weight. So, any attempts to bypass or sidestep these court decisions can only result in lowered trust and respect for this institution,” observes the MEP from the New Left.
The International Criminal Court is based in The Hague in the Netherlands and is the world’s first permanent international court tasked with trying individuals accused of committing the gravest crimes, such as genocide. The court was established based on the Rome Statute, adopted on July 17, 1998. The establishment was backed by 120 UN member states while seven voted against and 21 abstained. The first alarming signal in the ICC history was Russia severing ties with the court in November 2016 when, based on a decree by Putin, Moscow withdrew its signature from the founding treaty.
