A senior International Criminal Court official has said Australia and other countries are providing "extraordinary" support to help protect the court's staff from the latest wave of US sanctions, while vowing the court will not be deterred from its work. ICC deputy prosecutor Nazhat Shameem Khan, who has herself been personally sanctioned by the US, is visiting Canberra and Brisbane this week for talks with jurists and officials from across Australia and the Pacific.
The Trump administration announced the latest sanctions on October 9, targeting the ICC institutionally rather than individual staff. The measures will freeze the court's assets in the US and block financial transactions and IT agreements the ICC has with US companies, with a 180-day grace period before full implementation.
US Secretary of State Marco Rubio has labelled the ICC a "rogue court" and vowed to demolish it "brick by brick".
Speaking to the ABC, Ms Khan said the sanctions had already created some difficulties, but the court was heartened that many countries had lent support, some in public and others through "quiet diplomacy behind closed doors".
"I think this is the time when states must step up and support this process [of multilateralism] and support the institutions which are under attack," she said.
The deputy prosecutor said the court was determined to protect its staff from the financial impacts of the move and was adopting new systems to circumvent the sanctions and keep running.
"We have been working very hard to insulate the court as well as ensuring that our work continues," she said. "Our main priority is that we continue to serve the victims who come to the court, telling us their stories and wanting their voices to be heard."
The ICC drew condemnation from the US and Israel when it announced it would pursue Israeli Prime Minister Benjamin Netanyahu and former defence minister Yoav Gallant for war crimes and crimes against humanity. It has also unsealed arrest warrants for several Taliban leaders in Afghanistan over policies persecuting women and girls.
Ms Khan said the impact of the sanctions was unpredictable and the court could not yet know how many staff might struggle with banking or other services. "We don't know which institutions will over-comply," she said.
The Australian government faced criticism from international lawyers who accused it of moving "sluggishly" after it joined a statement criticising the sanctions about three days after it was first issued. Ms Khan praised Canberra's response, saying its public statement of support was valuable, and that Australian officials in the Netherlands had provided "visible" and "really satisfactory" help to Australians working for the court, including on access to banking and financial services.
"Multilateralism gives everyone a voice," she said. "Any attempt ... to reverse all the work that has gone behind the rules-based order must be a negative step for the world, and the international community."
Ms Khan said the court had significant relevance to the Pacific, pointing to a 2024 proposal by Vanuatu, co-sponsored by Fiji and Samoa, calling for ecocide to be recognised as an independent international crime.
Analysis
Why This Matters
- The sanctions are designed to cut the ICC off from financial and IT services in the US, threatening its ability to operate at all.
- Australia is positioning itself as a public defender of the court, which carries weight in the Pacific, where the ICC is being pushed as relevant to regional concerns such as the ecocide proposal.
- The court is pursuing cases against Israeli and Taliban leaders, making the sanctions fight part of a broader contest over the international rules-based order.
Background
The US sanctions are the latest in successive waves aimed at the ICC, which drew furious condemnation from Washington and Israel over its pursuit of Israeli Prime Minister Benjamin Netanyahu and former defence minister Yoav Gallant, and criticism over unsealed arrest warrants for Taliban leaders in Afghanistan. The new institutional measures freeze court assets in the US and block financial and IT agreements with US companies, with a 180-day grace period before full implementation. Secretary of State Marco Rubio has called the ICC a "rogue court" and vowed to demolish it "brick by brick".
Key Perspectives
Nazhat Shameem Khan (ICC deputy prosecutor): says this is the time for states to "step up and support this process [of multilateralism] and support the institutions which are under attack", and that the court is working to insulate its staff and continue serving victims.
Marco Rubio (US Secretary of State): has labelled the ICC a "rogue court" and vowed to demolish it "brick by brick".
Australian government: praised by Ms Khan for its public statement of support and for helping Australians working for the court, including with banking access.
International lawyers: accused the Australian government of moving "sluggishly" after it joined a statement criticising the sanctions about three days after it was first issued.
What to Watch
- Whether the sanctions' 180-day grace period ends with full implementation and how the court's new systems hold up.
- Which financial and IT institutions "over-comply" with the measures, as Ms Khan warned was unpredictable.
- The outcome of Ms Khan's talks in Canberra and Brisbane, and any further Australian or Pacific support for the court, including on the ecocide proposal.
Checked
12 claims in this story checked against 1 source: 11 supported.
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- SupportedAustralia and other countries are providing “extraordinary” support, as the ICC deputy prosecutor praises Canberra’s response.Just In: “A top International Criminal Court (ICC) official says Australia and other countries are providing "extraordinary" support”
- SupportedNazhat Shameem Khan has been personally sanctioned by the US and is visiting Canberra and Brisbane this week.Just In: “ICC deputy prosecutor Nazhat Shameem Khan, a senior court official who has already been personally sanctioned by the US, is visiting Canberra and Brisbane this week”
- SupportedKhan said states must step up to support multilateralism and institutions under attack.Just In: “"I think this is the time when states must step up and support this process [of multilateralism] and support the institutions which are under attack," Ms Khan said.”
- SupportedRubio called the ICC a “rogue court” and vowed to demolish it “brick by brick”.Just In: “US Secretary of State Marco Rubio has labelled the ICC a "rogue court" and has vowed to demolish it "brick by brick" .”
- SupportedThe Trump administration announced the latest sanctions on October 9, targeting the ICC rather than its lawyers and staff.Just In: “The latest wave of sanctions announced by the Trump administration on October 9 is meant to target the ICC rather than the large cohort of lawyers and staff who work for it.”
- SupportedThe measures will freeze the ICC’s US assets and block financial transactions and IT agreements with US companies, with a 180-day grace period before full implementation.Just In: “The latest sanctions will freeze the court's assets in the US, as well as block financial transactions and IT agreements the ICC has with US companies. ... The measures include a 180-day grace period before they are fully implemented.”
- SupportedKhan said the court was adopting new systems to circumvent the sanctions and keep operating.Just In: “The deputy prosecutor said the court was determined to protect its staff from the financial impacts of the move, and was adopting new systems to circumvent the sanctions and allow it to keep running.”
- SupportedKhan said, “We have been working very hard to insulate the court as well as ensuring that our work continues.”Just In: “"We have been working very hard to insulate the court as well as ensuring that our work continues," she said.”
- SupportedKhan said, “Our main priority is that we continue to serve the victims who come to the court, telling us their stories and wanting their voices to be heard.”Just In: “"Our main priority is that we continue to serve the victims who come to the court, telling us their stories and wanting their voices to be heard."”
- SupportedKhan said the court did not know which institutions would over-comply.Just In: “"We don't know which institutions will over-comply," she said.”
- SupportedInternational lawyers criticised the Australian government for moving “sluggishly” after it joined a statement about three days after it was first issued.Just In: “The Australian government copped criticism from international lawyers who accused it of moving "sluggishly" after it joined a statement criticising the most recent sanctions about three days after it was first issued.”
- Partly supportedThe ICC unsealed arrest warrants for several Taliban leaders in Afghanistan over policies persecuting women and girls.Just In: “More recently it unsealed arrest warrants for several major Taliban leaders in Afghanistan for their policies persecuting women and girls.”