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The ICC has condemned US sanctions on its President Tomoko Akane and senior trial lawyer Abdoulaye Seye as a “flagrant attack” on judicial independence.
The International Criminal Court on Wednesday slammed the US decision to sanction its senior staff, including the court's President and a senior prosecution lawyer, calling it a “flagrant attack” on the independence of the tribunal and vowed to continue seeking justice for atrocities around the world. The court said it remains "undeterred" and stands behind all its staff.
In a statement, the court said that when “judicial actors are threatened for applying the law, it is the international legal order itself that is placed at risk.” It said the court “will continue to fully discharge its mandate with independence and impartiality.”
The US State Department on Tuesday said that it had hit ICC President Tomoko Akane, a Japanese national, and ICC senior trial lawyer Abdoulaye Seye, a Senegalese national, with sanctions. Any assets they have in US jurisdiction or the US financial system will be frozen. The US have now sanctioned nine of the ICC’s 18 judges, both of its deputy prosecutors, its former chief prosecutor and one other prosecution office staffer.
The US claims that the court has overstepped its boundaries by investigating senior military and political officials from countries, such as Israel and the United States, that are not members of the court.
Japan’s foreign ministry said the decision to sanction Akane and Seye was “very unfortunate.” Japan is the ICC’s largest financial contributor and has previously raised concerns over the unilateral sanctions by the US government, which risks dismantling the independent global judicial framework.
“Japan has consistently supported the ICC, which is a permanent international criminal court, in its efforts to prosecute and punish the most serious crimes of concern to the international community.” Japan's Foreign Ministry said in a statement.
Germany has strongly opposed the US decision, declaring that it "stands with" the ICC President Tomoko Akane. “It is of central importance to defend and protect the International Criminal Court as an independent institution,” said a German Foreign Ministry spokesperson. Foreign Minister Johann Wadephul stated that Germany noted the additional US measures "with regret" and reiterated Berlin's absolute opposition to sanctions targeting judges and prosecutors.
As the host nation of the tribunal in The Hague, Dutch Foreign Minister Tom Berendsen publicly opposed the sanctions, reaffirming Dutch backing and inviting ICC President Tomoko Akane to discuss continued operational support.