6 Months Left: ICC Deputy Prosecutor Details Sanctions Strain on Court Operations
Despite US financial penalties, the deputy prosecutor asserts that investigations into war crimes in Gaza and other regions continue to advance significantly.
By Thomas Obasi ·
The deputy prosecutor of the International Criminal Court stated on Friday that new United States sanctions are beginning to affect staff finances, yet she maintained that the measures have not slowed the court’s investigative work. Nazhat Shameem Khan, who is currently co-running the prosecutor's office while a permanent chief prosecutor is selected, emphasized that the institution is making significant progress on key cases despite the external pressure.
The current tension stems from a decision announced by US Secretary of State Marco Rubio on October 9. He labeled the court a rogue institution and issued a six-month grace period for the ICC to propose a solution to Washington’s concerns. Rubio warned that if the court did not end its threats, the United States would effectively end the court. This deadline creates a tight window for the ICC to demonstrate compliance or resilience before the sanctions fully take effect.
Khan reported that investigations into the war in Gaza have moved forward since arrest warrants were issued in November 2024 for Israeli Prime Minister Benjamin Netanyahu and former defense minister Yoav Galant. Although no new charges have been publicly announced since late 2024, Khan explained that a ruling earlier this year requires all warrant applications to remain secret until judges approve their release. She noted that this procedural secrecy might create an illusion of inactivity, but internal progress remains steady.
Practical difficulties have already emerged for court employees. Khan described how some staff members faced banking issues because financial institutions are over-complying with the new rules to minimize risk. These problems exist even though the sanctions are not legally due to take effect until six months after their announcement. Khan, who is from Fiji, acknowledged that while the sanctions target the institution, individual members are feeling the impact through difficulties accessing their accounts.
To protect its operations, the court is switching its software from Microsoft to European alternatives and renegotiating contracts for banking and health insurance. Khan confirmed that no decisions have been made to reduce the court’s capabilities or output based on the sanctions. She also addressed a claim by Rubio that globalist experts wanted the ICC to prosecute US citizens, noting that the court has not yet brought any Americans before it. She pointed to the Afghanistan investigation, where four arrest warrants for Taliban members on gender persecution charges were recently unsealed.
The court is not alone in facing challenges. Formal investigations into sexual harassment allegations against former chief prosecutor Karim Khan began in late November 2024. He denied the charges and was removed from his post in July following a vote by member states. This internal transition has added to the workload of the current leadership team as they navigate both legal and financial hurdles.
Support from Europe is providing a measure of stability. The ICC registrar is negotiating with the European Union to block the US sanctions or protect the court through other means. This week, the European Parliament awarded the Sakharov Prize for Freedom of Thought to the court and its officials. Khan called this recognition an important message for the staff, stating that the court remains a vital avenue for victims who seek justice beyond political boundaries.
