US ramps up attack on international court over Israel

The United States expanded efforts against the International Criminal Court, sanctioning French Judge Nicolas Guillou. Photo / Getty Images

The United States on Wednesday defiantly expanded efforts to hobble the International Criminal Court over its prosecution of Israeli Prime Minister Benjamin Netanyahu, sanctioning a judge from ally France.

Secretary of State Marco Rubio also targeted a Canadian judge in a separate case in his latest volley of sanctions against the tribunal in The Hague, which is backed by virtually all other Western democracies as a court of last resort.

“The Court is a national security threat that has been an instrument for lawfare against the United States and our close ally Israel,” Rubio said in a statement, using a term popular with President Donald Trump’s supporters.

He attacked the court for investigating US and Israeli citizens “without the consent of either nation”.

Among the four people newly slapped with sanctions was Judge Nicolas Guillou of France, who is presiding over a case in which an arrest warrant was issued for Israeli Prime Minister Benjamin Netanyahu.

France – whose President, Emmanuel Macron, was in Washington two days earlier – expressed “dismay” over the action.

The sanctions are “in contradiction to the principle of an independent judiciary”, a foreign ministry spokesman said in Paris.

The ICC in its own statement denounced the “flagrant attack against the independence of an impartial judicial institution”.

The court’s prosecution alleges Netanyahu is responsible for war crimes and crimes against humanity in Israel’s offensive in Gaza, including by intentionally targeting civilians and using starvation as a method of war.

Netanyahu saluted Rubio for his “decisive act against a smear campaign of lies against the State of Israel” and the Israeli army.

Israel launched the massive offensive in response to an unprecedented attack by Hamas against Israel in which mostly civilians were killed.

The ICC has also sought the arrest of former Israeli defence minister Yoav Gallant and Hamas commander Mohammed Deif, who has since been confirmed killed by Israel.

Guillou is a veteran jurist who previously participated in trials over Kosovo and Lebanon. He worked for several years in the United States assisting the Justice Department with judicial co-operation during Barack Obama’s presidency.

Under the sanctions, he will be refused entry to the United States and any assets he has in the world’s largest economy will be blocked – measures more often taken against US adversaries than citizens of friendly nations.

Defending Israel, exempting Putin

Also targeted by the latest US sanctions was a Canadian judge, Kimberly Prost, who was involved in a case that authorised an investigation into alleged crimes committed during the war in Afghanistan, including by US forces.

Rubio also slapped sanctions on two deputy prosecutors – Nazhat Shameem Khan of Fiji and Mame Mandiaye Niang of Senegal.

The State Department said the US punished the two for supporting “illegitimate ICC actions against Israel”, including by supporting the arrest warrants against Netanyahu and Gallant.

Rubio imposed sanctions on four other ICC judges in June.

The Trump administration has roundly rejected the authority of the court, which was set up as a court of last resort when national systems do not allow for justice.

Trump on Friday welcomed Russian President Vladimir Putin to Alaska even though Putin faces an ICC arrest warrant, a factor that has stopped him from travelling more widely since he ordered the invasion of Ukraine.

The United States, Russia and Israel are among the nations that reject the ICC.

Previous President Joe Biden’s administration also opposed its action against Israel but withdrew previous sanctions and was open to narrow co-operation with the ICC, including in gathering evidence in Ukraine.

-Agence France-Presse