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ICC warns against any threats of retaliation, intimidation against it

  • By Al Mayadeen English
  • Source: Al Mayadeen Net
  • 3 May 2024 17:34
  • 4 Shares
5 Min Read

The International Criminal Court's Office of the Prosecutor issued a statement emphasizing that threats or retaliation against the Court or its personnel may constitute an offense under the Rome Statute.

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  • Exterior view of the International Criminal Court, or ICC, in The Hague, Netherlands, Tuesday, April 30, 2024.(AP)
    Exterior view of the International Criminal Court, or ICC, in The Hague, Netherlands, Tuesday, April 30, 2024. (AP)

The Office of the Prosecutor of the International Criminal Court (ICC) issued a statement today on X warning about any threats of retaliation against the Office stressing that the latter may constitute an offense against the administration of justice. 

In recent weeks, Israeli authorities have become more anxious since reportedly the names of Netanyahu, Security Minister Yoav Gallant, and Israeli Occupation Forces (IOF) Chief of Staff Herzi Halevi have been circled as suspects of war crimes that the ICC will look to prosecute and issue arrest warrants against.

The ICC has been looking into war crimes committed back in 2014 in the Gaza Strip, however, it has produced no punitive decisions against individuals. The inquiry has been expanded to include the events of October 7, as well as the current war on Gaza.

Statement of the #ICC Office of the Prosecutor pic.twitter.com/Cw331pMcDm

— Int'l Criminal Court (@IntlCrimCourt) May 3, 2024

In its statement, the Office of the Prosecutor welcomed all comments, communication of concerns, and engagement in its activities from "State and elected officials, non-governmental organizations, scholars, and activists."

It stressed that as long as such dialogue is "consistent with its mandate under the Rome Statute to act independently and impartially," it would engage constructively with all stakeholders. 

Threats and retaliation are not welcome

However, the Office made it very clear that "when individuals threaten to retaliate against the Court or against Court personnel should the Office, in fulfillment of its mandate, make decisions about investigations or cases falling within its jurisdiction," the independence and impartiality are "undermined".

It emphasized that these kinds of threats even if not accompanied by any actions upon them, "may also constitute an offense against the administration of justice under Art. 70 of the Rome Statute." 

This provision, according to the statement, explicitly prohibits both " [r]etaliating against an official of the Court on account of duties performed by that or another official" and "[i]mpeding, intimidating or corruptly influencing an official of the Court for the purpose of forcing or persuading the official not to perform, or to perform improperly, his or her duties." 

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The Office of the Prosecutor ended its statement by urging for an immediate end to all attempts that "impede, intimidate, or improperly influence its officials." 

Read more: Dear ICC, actions speak louder than words

Previously on... Israeli and American threats against the ICC

On May 1, Israeli Prime Minister Benjamin Netanyahu issued a statement on X addressing the potential ICC arrest warrants labeling it as an "outrage of historic proportions" and then called on "the free leaders of the world to stand firmly against the ICC outrageous assault" on what he claimed is "Israel's inherent right of self-defense." 

Netanyahu did not stop there and he explicitly stressed that he expected those leaders to "use all the means at their disposal" to stop this "dangerous move." 

In addition, members of Congress warned the International Criminal Court that arrest warrants for senior Israeli officials will result in US retaliation and legislation for it is already in the making, according to Axios on April 29. 

It cited two Israeli officials saying that Israeli Prime Minister Benjamin Netanyahu has asked US President Joe Biden to prevent the ICC from issuing arrest warrants for senior Israeli officials responsible for war crimes in the Gaza Strip.

A spokesperson for the White House National Security Council declined to comment on the contents of Netanyahu's call with Biden, but told Axios, "As we have publicly said many times, the ICC has no jurisdiction in this situation and we do not support its investigation."

At the same time, House Speaker Mike Johnson called the reported warrants "disgraceful" and "lawless".

"If unchallenged by the Biden administration, the ICC could create and assume unprecedented power to issue arrest warrants against American political leaders, American diplomats, and American military personnel," Johnson noted.

He urged the Biden administration to "immediately and unequivocally demand that the ICC stand down" and "use every available tool to prevent such an abomination."

'Israel' also threatened the Palestinian Authority 

On May 1, Axios reported that the Israeli government told the Biden administration that if the International Criminal Court (ICC) issues arrest warrants against Israeli leaders, it would retaliate against the Palestinian Authority, perhaps leading to its collapse, according to two Israeli and US sources.

Over the last several weeks, "Israel" has informed the US that it has intelligence indicating that Palestinian Authority officials are pressuring the ICC prosecutor to obtain arrest warrants for Israeli leaders, according to two Israeli officials.

One possible "punishment" being mulled by the occupation is the halting of tax funds collected by "Israel" for the PA, pushing it to bankruptcy.

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