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International Court: Sanctions bite but work continues

Despite new US financial measures, the ICC deputy prosecutor reports that major investigations are advancing and the institution is adapting its operations to remain functional.

By Julian Kobayashi ·

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Staff of the International Criminal Court are already feeling the financial pinch from new United States sanctions, even though the measures are not officially in force for another six months. Nazhat Shameem Khan, who is currently co-running the prosecutor's office, confirmed that employees are facing banking difficulties. She described the situation as a case of financial institutions over-complying with the new rules to minimize their own risk. While the sanctions target the court as an institution, Khan noted that individual staff members are experiencing direct hurdles in their day-to-day financial activities.

The sanctions were announced on 9 October by US Secretary of State Marco Rubio. He labeled the court a rogue entity and stated that it had a six-month window to negotiate a solution to Washington's concerns. Rubio warned that if the court did not end its threats, the US would end the court. It remains unclear what specific changes would satisfy the American administration, but the pressure is mounting on the Hague-based tribunal.

Khan insisted that the operational workload has not decreased. She reported significant progress in the investigation into the war in Gaza, which began after arrest warrants were issued in November 2024 for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Galant. No new charges have been publicly announced since late 2024. Khan explained that this silence is procedural rather than indicative of a stall. The court ruled earlier this year that all warrant applications must remain secret until judges approve their release.

She emphasized that the lack of public news does not mean a lack of activity. Khan stated that even if an investigation is nearing a critical stage, the team may not be able to discuss it. She assured the public that there is substantial movement in the Gaza case and other ongoing situations. The team is maintaining its output and has not made any decisions to reduce its capabilities based on the threat of sanctions.

To protect itself from the hostile stance of the US government, the court is making technical and logistical changes. It is switching its software from Microsoft to European alternatives and is in talks with service providers regarding banking and health insurance. Khan acknowledged that it is impossible to predict the full impact of the sanctions once they officially take effect, but the institution is taking proactive steps to insulate its core functions.

Khan is personally familiar with the effects of US sanctions, as she was one of thirteen ICC staff targeted in February 2025. She described life without a credit card as inconvenient, noting how difficult travel has become. However, she found perspective by visiting refugee camps and sites of mass atrocities. She reflected that for the victims she meets, financial sanctions are irrelevant, and their primary desire is for justice.

The prosecutor's office is also dealing with internal challenges. Formal investigations began in late November 2024 into allegations of sexual harassment against former chief prosecutor Karim Khan, who is not related to the current deputy prosecutor. He denied the charges and was removed from his position in July of this year following a vote by member states.

Looking ahead, the court is seeking support from European partners. The registrar is negotiating with the EU to see if they can block the US sanctions or protect the court in other ways. This week, the European Parliament awarded the court its Sakharov Prize for freedom of thought. Khan called this a vital message of support for her staff. She believes the intense attention on the court reflects its relevance as a place where victims can seek justice beyond the reach of politics.

Source: The Guardian

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