10 January 2025

South Africa unfazed by potential US sanctions against International Criminal Court over Gaza genocide warrants

The Department of International Relations and Cooperation (Dirco) has expressed that it is unperturbed by reports suggesting the US might impose sanctions on the International Criminal Court (ICC), an independent global judicial body focused on holding perpetrators of the most serious crimes against humanity accountable.


The proposed US sanctions are aimed at individual ICC staff members, including judges and prosecutors, labeling the institution as a threat to US interests. This move has led to concerns that the US Congress may target South Africa for its involvement with the ICC, particularly in its efforts to address the genocide in Palestine, where Israeli actions have been blamed for civilian casualties. However, according to Dirco spokesperson Chrispin Phiri, only the United Nations Security Council has the authority to impose sanctions on the ICC, and he emphasized that international law should be respected.


Phiri further stated that multilateral institutions are responsible for enforcing international law, and undermining these institutions could erode the foundations of international law and its effectiveness. He clarified that the imposition of sanctions is exclusively within the purview of the UN Security Council, while other international engagements are governed by bilateral agreements.


Meanwhile, over a hundred non-governmental organizations (NGOs) have written to the 119th US Congress and the incoming presidential administration, expressing strong opposition to the proposed sanctions against the ICC. These organizations argue that supporting the ICC's work aligns with US interests, and sanctioning the court undermines these interests by encouraging impunity. They warned that such measures could damage the US's reputation, portraying it as prioritizing impunity over justice. They also pointed out that at a time when global rule of law is under threat, institutions like the ICC are more important than ever for safeguarding human rights and preventing future atrocities.


In 2024, the US House of Representatives passed the "Illegitimate Court Counteraction Act," a bill aimed at punishing those who assist or support the ICC in its investigations and prosecutions. However, this bill was opposed by the Biden administration, and the previous Senate did not vote on it.


Human Rights Watch, along with other organizations, has called on governments, Congress members, and human rights advocates to oppose any actions that threaten the independence of international judicial bodies like the ICC.