8 February 2025
Responding to the US Executive Order issued by the Trump administration on 6 February 2025, the Australian Centre for International Justice (ACIJ) strongly condemns the decision to impose sanctions on the officials, employees and agents of the International Criminal Court (ICC). Such measures serve only to undermine and intimidate the Court in the execution of its important functions, including that of the Office of the Prosecutor and its mandate to investigate and prosecute international crimes.
The ICC, as an independent and impartial institution, must be allowed to do its work free from political pressures and interference. Measures such as sanctions not only obstruct the pursuit of justice but also endanger the integrity and independence of the Court. Moreover, they place Australian nationals employed by the ICC, including those in the Office of the Prosecutor, at risk of being subjected to asset and property freezes as well as travel bans.
Under the Rome Statute system, any retaliation against an official of the Court in the performance of their duties is explicitly prohibited and a prescribed offence. Australia’s own laws, codified under the Commonwealth Criminal Code, align with this––the legislation is unambiguous in criminalising conduct that causes or threatens to cause any detriment to an official of the Court, and conduct that intentionally perverts, obstructs or prevents the course of justice in respect of the Court’s functions.
In acknowledging the Court’s independence, we urge the Australian government to uphold the integrity of the Court through concrete expressions of support and defend it by unequivocally condemning the decision of the Trump administration to impose sanctions against the Court’s officials.
Senior Lawyer of the Australian Centre for International Justice, Ms Lara Khider said:
“The decision of the Trump administration to impose sanctions on the International Criminal Court is an alarming and direct attack on the system of international criminal justice and the rule of law. Sanctions are a tool to be used against those responsible for serious human rights violations, not to be used improperly against those seeking justice. Measures such as these which further entrench impunity must be condemned by all 125 ICC member States and the international community in the strongest possible terms.”
“It is deeply disappointing that Australia did not sign the public statement endorsed by 79 member States in support of the ICC. Australia’s failure to join this collective stance undermines its commitment to the Rome Statute system. At a time when the Court faces unprecedented threats, unequivocal support from all member States is more critical than ever.”
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For media enquiries contact Lara Khider at info@acij.org.au.
