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Six months: The deadline before US sanctions fully bite on the ICC

The deputy prosecutor says the court is making significant progress in key investigations despite new banking hurdles and a looming deadline set by Washington.

By Daniela Vargas ·

The International Criminal Court is currently operating under a six month countdown before new United States sanctions take full effect, a deadline that has begun to disrupt daily operations even though the legal measures are not yet active. Nazhat Shameem Khan, who is co running the prosecutor's office while a new chief is appointed, stated that the institution is seeing significant progress in its caseload. She emphasized that the bureaucratic friction caused by Washington's latest actions has not slowed the pace of justice, despite growing pressure on staff members.

The timeline leading to this standoff began in November 2024 when the court issued war crimes arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former defense minister Yoav Galant. That move made the court a frequent target for the Trump administration. In February 2025, thirteen ICC staff members, including Khan, were first targeted by US measures. The most recent escalation occurred on 9 October, when US Secretary of State Marco Rubio declared the court a rogue institution. He warned that either the ICC would end its threats or the US would end the court, giving the body six months to negotiate a solution to address American concerns.

Khan explained that the lack of new public charges regarding the Gaza war investigation is due to a ruling earlier this year. That decision mandates that all warrant applications remain secret until judges determine they can be made public. She noted that while there may be an appearance that nothing is happening, significant work is underway. She added that even if an investigation reaches an imminent stage, the team may not be able to discuss it publicly due to these confidentiality rules.

Financial complications have already emerged for individual staff members. Khan described banks as over complying to minimize risk while the scope of the new measures remains uncertain. Although the sanctions are imposed on the institution in principle, she reported hearing that some colleagues are experiencing difficulties with banking services. The court is working to insulate itself from the hostile administration by switching software from Microsoft to European alternatives and renegotiating contracts for banking and health insurance.

Khan, who has lived with the effects of previous sanctions, noted that life without a credit card is increasingly inconvenient for global travel. She contrasted this administrative friction with the reality of the victims she represents, stating that for them, sanctions and credit cards are irrelevant. Their primary desire is justice. The court has not made any decision to reduce its capability or output based on the sanctions, though Khan acknowledged it is impossible to anticipate the full impact once the measures officially begin.

Internal challenges continue to affect the prosecutor's office beyond external pressure. Formal investigations into allegations of sexual harassment against former chief prosecutor Karim Khan began in late November 2024. The British jurist, who is not related to the current deputy prosecutor, denied the charges. He was removed from his post in July this year following a vote by member states. This internal review has added another layer of complexity to the office's ongoing operations.

Secretary of State Rubio recently claimed without evidence that globalist experts wanted the ICC to prosecute US citizens. Khan responded that the court has not brought any Americans before it. She suggested the reference might be to the Afghanistan situation, where the priority is offenses committed against women and girls by the Taliban and the Islamic State Khorasan. This month, the court's pretrial chamber unsealed four arrest warrants against Taliban members on charges of gender persecution.

The court is seeking support from European partners to mitigate the impact of the US measures. The ICC registrar is negotiating with the EU to block the sanctions or protect the court through other means. On Thursday, the European Parliament awarded the court and its officials the Sakharov prize for freedom of thought. Khan called this backing a very important message for the staff. She stated that the intense attention on the court reflects its relevance as an avenue of justice for victims who have nowhere else to go.

Source: The Guardian

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