Trump Administration’s Sanctions on the ICC are an Attack on the Rule of Law
The Trump Administration has issued additional sanctions against judges of the International Criminal Court (ICC), further endangering accountability and justice worldwide. Attacks on the ICC were a key factor in HRDAG’s decision to speak out against tyranny in the U.S. late last year, and this ongoing pressure threatens the Court’s ability to do its vital work.
HRDAG condemns these sanctions against the International Criminal Court and calls on the Trump Administration to respect and uphold the independence of the Court.
The ICC investigates and prosecutes individuals charged with the gravest crimes: genocide, war crimes, crimes against humanity, and crimes of aggression. HRDAG has worked with the ICC in several cases since 2008.
A US official stated that the sanctions were imposed due to concerns about the ICC prosecuting the Trump Administration, telling Reuters that: “There is growing concern … that in 2029 the ICC will turn its attention to the president, to the vice president, to the secretary of war and others, and pursue prosecutions against them.”
According to Reuters, the unnamed official didn’t specify which actions would prompt ICC investigations but acknowledged that there was “open chatter” in the international legal community that the court could target Trump and his top officials. The official said that the administration wanted an amendment to the ICC’s guiding documents to “make very clear that they don’t have jurisdiction” to prosecute Trump and U.S. officials.
In addition to changing the ICC founding documents to ensure Trump officials won’t face future prosecution, the administration is pressuring the ICC to drop its investigations of Israeli leaders over the war in Gaza as well as its investigation into U.S. military actions in Afghanistan.
HRDAG uses data and scientific reasoning to investigate violence and human rights violations by state actors all over the world. A nonpartisan group, HRDAG does not take positions on whether U.S. action in Afghanistan, mass deportations, or the recent bombings of civilian boats in the Caribbean constitute criminal acts. Rather, it is our role to use scientific methods to investigate and analyze actions such as these, and present our findings to the public, courts, and prosecutors. This gives prosecutors, judges, and the public a way to understand tens of thousands of actions to determine whether the law has been violated. For over 30 years, HRDAG’s findings and analysis have been used by courts and communities to hold perpetrators to account and seek justice for the victims of war crimes.
Our scientific work is a key tool in global efforts to address injustice. That work, however, is undermined when the courts are punished for conducting criminal investigations.
The Trump Administration’s efforts to pressure the ICC represent a direct attack on the rule of law. We stand with the international human rights community in decrying these tactics and urging the US government to respect the independence of the ICC, its lawful jurisdiction, and its vital role in holding perpetrators to account. Those in power must never undermine a court out of fear that it may turn its attention toward them. Equality before the law must apply to everyone, including the President of the United States.
We know that the ICC can be a powerful tool against impunity, particularly for holding military and political leaders accountable when they attempt to use their positions to evade responsibility for grave crimes. For this reason, organizations including Amnesty International, the International Bar Association’s Human Rights Institute, Human Rights Watch, and the International Commission of Jurists have condemned these efforts to pressure the Court. HRDAG adds our voice to the community of human rights organizations demanding that the Trump Administration respect international law and the ICC’s essential independence.
Standing Together Against Tyranny
After HRDAG released our statement against tyranny in the United States, we hosted a community call with other human rights organizations. Several groups joined us in speaking out against the Trump Administration by releasing their own statements rooted in the Universal Declaration of Human Rights or by offering solidarity with us. A few of the voices that joined us include:
HURIDOCS, which wrote: “We stand in solidarity with our friends at the Human Rights Data Analysis Group (HRDAG) who have denounced the growing attacks on human rights and science in the United States.”
Center for Policing Equity, which wrote: “As a data-driven organization, we recognize the importance of speaking up in the face of injustice and threats to fundamental freedoms. Silence in the face of attacks on science and human rights is not an option. We must actively oppose efforts that undermine truth, evidence-based decision-making, and the core values that support an equitable society.”
Kilómetro Cero, which wrote: “Our work has always been to protect and defend people and their communities from the harms caused by policing logics grounded in violence, punishment, repression, and impunity. Today, those same logics appear to reinforce the U.S. government’s dangerous turn toward neo-fascist and totalitarian policies.”
HRDAG joined the Computer Says Maybe podcast with host Alix Dunn to talk more about our choice to take a public stance against tyranny in the United States. Listen here.
You can also catch up on the community webinar HRDAG hosted on this topic by visiting our YouTube channel.
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Image: The International Criminal Court (ICC) at The Hague, Netherlands. Date 23 July 2024, 15:51. Source The International Criminal Court (ICC) at The Hague Author Tony Webster. Creative Commons Attribution 2.0 Generic. Link.
