The South African Government has expressed its “deep concern” at the decision of the United States to sanction four judges of the International Criminal Court (ICC).

This is after the United States Secretary of State, Marco Rubio, announced sanctions against four ICC judges for alleged “illegitimate transgressions against the United States and Israel”.

According to reports, the sanctions are in response to the ICC issuing arrest warrants for top Israeli officials, including Prime Minister Benjamin Netanyahu, and its investigation into alleged United States war crimes in Afghanistan. 

The Department of International Relations and Cooperation (DIRCO) believes that this move represents a direct affront to the principles of international justice and the rule of law. 

“Such punitive actions against judicial officers performing their mandated duties are regrettable and they undermine the independence of the ICC, and threaten the integrity of international legal institutions. 

“They furthermore hinder the Court and its personnel in the exercise of their independent judicial functions.” 

The department 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 accountable perpetrators of the most serious crimes. 

“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.”

DIRCO is of the view that these 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 has since reaffirmed its commitment to the principles enshrined in the Rome Statute and will continue to work with like-minded nations to safeguard the integrity of international legal institutions.

“In this regard, we highlight our 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,” DIRCO said. –