The South African government has expressed deep concern over United States sanctions targeting judges of the International Criminal Court, calling it a “direct affront to the principles of international justice and the rule of law.”
“These measures, in addition to those imposed earlier on the Prosecutor, represent a direct affront to the principles of international justice and the rule of law,” said Chrispin Phiri, spokesperson for the Minister of International Relations and Cooperation (Dirco), Ronald Lamola.
Phiri stated that these punitive actions against judicial officers fulfilling their mandated duties are regrettable, as they undermine the independence of the ICC and jeopardise the integrity of international legal institutions.
“They furthermore hinder the Court and its personnel in the exercise of their independent judicial functions.”
He said South Africa, as a founding member of the ICC, views these sanctions and previous threats as an attempt to intimidate and obstruct the Court’s efforts to hold perpetrators of the most serious crimes accountable.
“The ICC operates under the Rome Statute, to which 125 states are parties, and its mandate is to prosecute individuals for genocide, crimes against humanity, war crimes, and the crime of aggression when national jurisdictions are unwilling or unable to do so.”
Phiri said the imposition of sanctions on ICC judges sets a “dangerous precedent” that could embolden those who seek to evade accountability for egregious violations of human rights and international humanitarian law.
“It also poses a significant challenge to the global fight against impunity and the enforcement of international norms.”
“South Africa reaffirms its commitment to the principles enshrined in the Rome Statute and will continue to work with like-minded nations to safeguard the integrity of the international legal institution,” he added.
According to Phiri, this highlights the country’s participation in the Hague Group, a coalition of countries dedicated to defending the rulings and authority of the ICC and the International Court of Justice (ICJ).
“The pursuit of justice for victims of the gravest crimes must not be compromised by political considerations.”
“Upholding the rule of law and ensuring accountability are essential for the maintenance of international peace and security as well as a rules-based international order based on international law,” Phiri added.
Meanwhile, News previously reported that Dirco said it was not fazed by reports that the US may impose sanctions on the ICC, an independent global judicial institution dedicated to combating impunity for the gravest crimes against humanity.
The US sanctions package is designed to target individual ICC personnel, judges, and prosecutors, classifying them as an organisation threatening the interests of the US government.
According to reports, these measures aim to create conditions allowing the court to independently withdraw its arrest warrants against Israeli Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant.
The move has sparked fears that the US Congress may target South Africa for its efforts at the ICC to end the genocide in Palestine, where the Israeli government continued to target and kill civilians.
Despite the developments, Phiri said that only the United Nations Security Council could impose sanctions on the court and held that international law must be respected.
“We believe that the designated multilateral institutions must enforce international law, and undermining these institutions circumvents the basis of international law and its efficacy.
“The only international institution that imposes sanctions is the United Nations Security Council. Bilateral agreements govern other engagements with other countries,” Phiri said at that time.
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