SA lambastes the US over sanctions against ICC judges

THE South African government has lambasted the President Donald Trump administration for imposing sanctions against judges of the International Criminal Court (ICC), a move regarded as a sheer act of intimidation against the court’s decision to issue a warrant of arrest for the Israeli Prime Minister Benjamin Netanyahu.

In a media statement laced with diplomatic speak from the Department of International Relations and Cooperation (Dirco), the government expressed a “deep concern” at the latest move against the ICC.

Throughout recent years, US relations with the ICC have zig-zagged between quiet support to downright hostility. And now, under the Trump administration, relations have deteriorated to naked confrontation.

Back in February, Trump imposed sanctions on the ICC prosecutor, Karim Khan. This was as Trump issued an executive order against the ICC, claiming that the court “has engaged in illegitimate and baseless actions targeting America and our close ally Israel”.

Last week, on June 5, the Trump administration moved further against the ICC. Secretary of State Marco Rubio imposed new sanctions on four ICC judges. Two of the judges had authorised an investigation into the US activities in Afghanistan, where for 20 years, the US military had occupied the country with the aim of keeping the Taliban out of power as punishment for masterminding the 9/11 attacks in New York.

The other two judges had approved the warrant of arrest for Israeli Prime Minister Benjamin Netanyahu, his former Defence Minister, Yoav Gallant.

The Dirco statement read: “These measures, in addition to those imposed earlier on the Prosecutor (Khan) represent 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.”

The South African government has been fearless and relentless in pursuit of justice against the State of Israel’s “genocidal” campaign in the Palestinian Gaza Strip. So far, Israeli troops have killed more than 60 000 Palestinians since October 2023 following Hamas’s rare attack on Israeli territory, killing more than 1 000 people and kidnapping dozens. Israel’s disproportionate response has enjoyed a huge US-led Western support, almost unconditionally.

South Africa hauled Israel to the International Court of Justice (ICJ). By so doing, South Africa courted the ire of Washington, resulting in the expulsion of Pretoria’s former envoy to Washington, Ebrahim Rasool.

And now, South Africa is once again at the forefront of calling out Washington’s bluff, defending the independence of the ICC, especially its intimidated judges. The move is in line with SA’s foreign policy, which is premised on being on the side of the weak against the powerful.

On the US sanctions against the ICC judges, the South African government said they are intended “to hinder the court and its personnel in the exercise of their independent judicial functions”.

South Africa is a founding member of the ICC, which was established through a treaty better known as the Rome Statute. The US, meanwhile, has never become a party to the Rome Statute. Pretoria further lambasted Washington as follows, saying it views “the sanctions and previous threats as an attempt to intimidate and obstruct the court’s efforts to hold perpetrators of the most serious crimes accountable”.

Pretoria further said the ICC’s 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.

Given the stature of the US as the world’s largest economy, in addition to being the country with the world’s biggest military, South Africa taking on Washington is akin to David taking on Goliath.

I don’t hold the ICC’s Khan in any brief. Methinks the ICC has for far too long been a useful tool at the disposal of the Western powers against adversaries, real or perceived.

Under Khan, the ICC has gained a reputation for going predominantly after African leaders. And now that Trump is squeezing its leadership, for many people who have had a bone to chew with the ICC, it feels like the chickens have come home to roost.

The ICC, especially while led by Khan, must work hard to rid itself of the accusations my hordes of Global South nations that it is a tool of the Global North against weaker states of Africa in particular.

Judicial independence is sacrosanct. The ICC is learning the hard way that to dabble in sectarian politics is tantamount to playing with fire. Now, as South African artist Caiphus Semenya sang, “fire is burning them”, to paraphrase him.

The jury is still out on how far the ICC and Khan can go against US allies such as Netanyahu. Clearly, due to their own previous actions, looks like the ICC is caught between a rock and a hard place. They damned if they go against Israel, and damned if they don’t. But then again, their conundrum is of their own making. As they say, he makes the bed, lies in it.

I am certain that the ICC has very few friends in Africa and across the Global South. They will have to see how they can untangle themselves from the spider web. They will have to it with much support from Africa.

As for South Africa, the country deserves a lot of praise for its consistency in pursuit of justice against Israel’s waywardness.

Pretoria is not afraid to punch above its weight. I am certain there are looming reprisals one way or the other, as the Trump administration is known to marvel at confrontation. I suppose President Cyril Ramaphosa is probably saying, it is what it is.

Through all the unfolding sanctions on the ICC and judges and how far they will go, it will be interesting to gauge the extent to which the judges have been intimidated, if at all. I guess, however, that they must be shaking and trembling in their boots. After all, when America sneezes, the rest of the world catches the cold.

* Abbey Makoe is the publisher and editor-in-chief of the Global South Media Network.

** The views expressed here do not reflect those of the Sunday Independent, IOL, or Independent Media.