Ending Impunity for Atrocity Crimes Requires Action: Words are not enough
All States Parties to the Rome Statute must cooperate fully with the International Criminal Court
Written Statement by Lawyers’ Rights Watch Canada (LRWC) to the 24th Assembly of States Parties of the Rome Statute of the International Criminal Court, 1-6
4 December 2025
All States Parties to the Rome Statute of International Criminal Court (Rome Statute) are legally obligated to cooperate fully with the Court in its investigation and prosecution of crimes within the jurisdiction of the Court.[1] Full cooperation necessarily entails effective legal, political, and diplomatic action to ensure protection of the Court’s independence and impartiality from intimidation, threats, cyberattacks,[2] sanctions, and other coercive measures.
The current pattern of threats, sanctions, and coercive measures against the ICC, its officials, and those who cooperate with it, comprises an unprecedented threat to the international rule of law. It is incumbent on all States Parties to the Rome Statute to join together to firmly uphold the independence, impartiality, and integrity of the ICC.
LRWC condemns the unlawful sanctions arbitrarily and selectively imposed by the United States (US) since 7 February 2025[3] against the ICC Prosecutor, ICC Deputy Prosecutors, ICC judges, the United Nations (UN) Human Rights Council’s Special Rapporteur on situation of human rights in the Occupied Palestinian Territories, and three leading Palestinian non-governmental organizations (NGOs). These sanctions have been imposed without any lawful purpose or due process.[4] The sanctions are unlawful reprisals for the Court’s investigations in the Situations in Afghanistan and the State of Palestine. The US is reportedly considering further unlawful sanctions.[5] LRWC also condemns Russia’s spurious prosecutions and arrest warrants against current or former elected ICC officials, which are unlawful reprisals against the Court’s investigation in the Situation of Ukraine.[6]
These attacks appear to be aimed at selectively securing impunity from legal accountability for certain persons suspected to have perpetrated “unimaginable atrocities that deeply shock the conscience of humanity.”[7] The attacks threaten to deny the remedies required by law to millions of victims of “the most serious crimes of international concern,” including war crimes, crimes against humanity, and genocide.[8]
The above-quoted words from the Preamble of the Rome Statute must not be rehearsed merely as familiar platitudes. To the millions of victims of Rome Statute crimes, the atrocities are not “unimaginable.” They are horrific realities. Those who plead for an end to appalling suffering also call for all perpetrators to be brought to justice.
By ratifying the Rome Statute, the States Parties affirm the importance of the Court’s mandate and its work to ensure impartial prosecutions, accountability, and reparative remedies when national courts are unwilling or unable to exercise jurisdiction. Formal ratification of the Rome Statute is not enough. To end impunity for the atrocity crimes set out in the Rome Statute, States Parties must take action to ensure implementation and enforcement of its provisions.
The US sanctions, and the threat of further sanctions and reprisals, create a chilling climate for States Parties, civil society, and victims who seek to cooperate with the ICC. The work of civil society in supporting the work of the Court is crucial.[9] Without secure and enabling environments for civil society, including lawyers, human rights defenders, and researchers in affected countries, documentation and evidence gathering for transmission to the Court is impossible. Silencing of civil society organizations that cooperate with the Court effectively silences victims of atrocity crimes seeking to have their voices heard and their right to justice and remedies fulfilled by the ICC.
LRWC regrets that many States Parties have provided only general words of support for the Rome Statute, Assembly of States Parties (ASP) resolutions, the ICC, and those who cooperate with the Court. Words are not enough. States Parties fail in their duty to cooperate fully with the Court when they fail to take effective action to prevent harms to the ICC, its judges, prosecutors, staff, and NGOs who suffer severe harms[10] due to unlawful sanctions imposed to punish them for exercising their lawfully mandated duties. Several States Parties have fostered impunity for atrocity crimes by obstructing the Court’s work through failures or refusals to implement ICC arrest warrants.[11]
The sanctions against ICC judges, prosecutors, and staff violate Article 70 of the Rome Statute.[12] Sanctions against UN Human Rights Council Special Procedures mandate holders constitute violations of the Convention on the Privileges and Immunities of the United Nations.[13] The sanctions also violate the Universal Declaration of Human Rights[14] and the International Covenant on Civil and Political Rights[15] by denying rights to freedom of expression, association, assembly, and due process. The sanctions create a chilling climate for lawyers and human rights defenders cooperating with the UN Human Rights Council’s Special Procedures and the ICC who investigate and document Rome Statute crimes in many countries.
The threats and attacks also violate international human rights standards, including the UN Basic Principles on the Independence of the Judiciary,[16] the UN Guidelines on the Role of Prosecutors,[17] the UN Basic Principles on the Role of Lawyers,[18] and the UN Declaration on Human Rights Defenders..[19] All States are required to ensure that judges, prosecutors, lawyers, and human rights defenders are able to perform their legitimate functions without interference, intimidation, hindrance, or harassment.
LRWC calls on all States Parties to the Rome Statute to:
- Ensure full cooperation with the ICC in its investigation and prosecution of crimes within the jurisdiction of the Court, in accordance with Article 86 of the Rome Statute,;
- Comply with all rulings and requests of the Court, including prompt implementation of ICC arrest warrants;
- Take firm and unequivocal political and diplomatic stands, and put in place effective legal measures against intimidation, threats, attacks, or reprisals directed at ICC officials, or persons or entities cooperating with the Court, and, in particular, to denounce Russia’s unlawful prosecutions of ICC personnel and the US sanctions against ICC judges, prosecutors or other personnel, and those cooperating with the court, including UN Special Procedures mandate holders and human rights defenders;
- Refuse to cooperate in any implementation of the sanctions made pursuant to the US President’s Executive Order 14203 or any other similar Executive Orders or laws, and make urgent, firm commitments to adopt and implement laws at national and regional levels to block the effects of these sanctions on the ICC, its personnel, or those cooperating with the Court;[20]
- Urge the US to rescind Executive Order 14203 and to uphold all multilateral obligations under international human rights law and standards, including rights to freedom of expression, association, assembly, and due process;
- Ratify and implement the Agreement on Privileges and Immunities of the ICC;[21]
- Enact and implement laws and policies that protect human rights defenders;[22]
- Ensure full and timely payment of financial contributions to the Court; and
- Promote and ensure human rights education and training[23] to ensure universal understanding of fundamental human rights and the crucial role of the ICC in upholding the international rule of law.
About Lawyers’ Rights Watch Canada
Lawyers’ Rights Watch Canada (LRWC) is a Canadian organization of lawyers and other human rights defenders who promote the implementation of international law and standards for protection of the independence and security of lawyers and other human rights defenders worldwide. LRWC has held special consultative status at the UN Economic and Social Council (ECOSOC) since 2005. LRWC is a member of the Coalition for the International Criminal Court (CICC). Contact: lrwc@lrwc.org.
[1] UN General Assembly, Rome Statute of the International Criminal Court (last amended 2010), ISBN No. 92-9227-227-6, 17 July 1998, Article 86, https://www.icc-cpi.int/publications/core-legal-texts/rome-statute-international-criminal-court. See the list of States Parties to the Rome Statute at the UN Treaty Collection, https://treaties.un.org/pages/ViewDetails.aspx?src=TREATY&mtdsg_no=XVIII-10&chapter=18&clang=_en[2] International Criminal Court, “ICC detects and contains new sophisticated cyber security incident,” ICC press release, 30 June 2025, https://www.icc-cpi.int/news/icc-detects-and-contains-new-sophisticated-cyber-security-incident.
[3] President of the United States, “Imposing Sanctions on the International Criminal Court,” US Executive Order 14203, 7 February 2025, https://www.federalregister.gov/documents/2025/02/12/2025-02612/imposing-sanctions-on-the-international-criminal-court.
[4] Ibid; US Secretary of State Marco Rubio, “Imposing Sanctions in Response to the ICC’s Illegitimate Actions Targeting the United States and Israel,” 5 June 2025, https://www.state.gov/releases/2025/06/imposing-sanctions-in-response-to-the-iccs-illegitimate-actions-targeting-the-united-states-and-israel/; US Secretary of State Marco Rubio, “Sanctioning Lawfare that Targets U.S. and Israeli Persons,” 9 July 2025, https://www.state.gov/releases/office-of-the-spokesperson/2025/07/sanctioning-lawfare-that-targets-u-s-and-israeli-persons; US Secretary of State Marco Rubio, Imposing Further Sanctions in Response to the ICC’s Ongoing Threat to Americans and Israelis, 20 August 2025, https://www.state.gov/releases/office-of-the-spokesperson/2025/08/imposing-further-sanctions-in-response-to-the-iccs-ongoing-threat-to-americans-and-israelis-2; US Secretary of State Marco Rubio, “Sanctioning Foreign NGOs Directly Engaged in ICC’s Illegitimate Targeting of Israel,” Press Statement, 4 September 2025, https://www.state.gov/releases/2025/09/sanctioning-foreign-ngos-directly-engaged-in-iccs-illegitimate-targeting-of-israel.
[5] Global Initiative Against Impunity for international crimes: Making Justice Work (GIAI), “Save the International Criminal Court and the rule of law,” 23 September 2025, https://coalitionfortheicc.org/news/save-international-criminal-court-and-rule-law; https://www.reuters.com/world/europe/us-could-hit-entire-international-criminal-court-with-sanctions-soon-2025-09-22/; Anthony Deutsch, Humeyra Pamuk and Stephanie van den Berg. “US could hit entire International Criminal Court with sanctions soon,” Reuters, 23 September 2025, https://www.reuters.com/world/europe/us-could-hit-entire-international-criminal-court-with-sanctions-soon-2025-09-22/
[6] Osvaldo Zavala Giler, Registrar of the International Criminal Court, Speech to the 23rd Session of the Assembly of States Parties, The Hague, 4 December 2024m https://asp.icc-cpi.int/sites/default/files/asp_docs/ASP23-STMT-REG-ENG.pdf
[7] Preamble, Rome Statute of the ICC, supra note 1.
[8] Ibid.
[9] Civil Society and the ICC, ICC, n.d., https://www.icc-cpi.int/get-involved/ngos.
[10] Stéphanie Maupas, ” Nicolas Guillou, French ICC judge sanctioned by the US: ‘You are effectively blacklisted by much of the world’s banking system’, Le Monde, 19 November 2025, https://www.lemonde.fr/en/international/article/2025/11/19/nicolas-guillou-french-icc-judge-sanctioned-by-the-us-you-are-effectively-blacklisted-by-much-of-the-world-s-banking-system_6747628_4.html.
[11] Decision on Italy’s non-compliance with a request for cooperation, ICC-01/11-209 (Pre-Trial Chamber I, 17 October 2025), https://www.icc-cpi.int/sites/default/files/CourtRecords/0902ebd180ccfde4.pdf
[12] OHCHR, “United States: UN experts condemn sanctions against the ICC,” OHCHR press release, 10 February 2025, https://www.ohchr.org/en/press-releases/2025/02/united-states-un-experts-condemn-sanctions-against-icc, citing the Rome Statute, Article 70, supra note 10.
[13] UN General Assembly, Convention on the Privileges and Immunities of the United Nations, 13 February 1946, https://www.refworld.org/legal/agreements/unga/1946/en/13682; International Court of Justice, Difference Relating to Immunity from Legal Process of a Special Rapporteur of the Commission on Human Rights, Advisory Opinion, I.C.J. Reports 1999, p. 6, https://www.icj-cij.org/case/100.
[14] UN General Assembly, Universal Declaration of Human Rights, 217 A (III), 10 December 1948, https://www.un.org/en/about-us/universal-declaration-of-human-rights.
[15] UN General Assembly, International Covenant on Civil and Political Rights, United Nations, Treaty Series, vol. 999, p. 171, 16 December 1966, https://www.ohchr.org/en/instruments-mechanisms/instruments/international-covenant-civil-and-political-rights.
[16] UN, Basic Principles on the Independence of the Judiciary (1985), Adopted by the 7th UN Congress on the Prevention of Crime and the Treatment of Offenders held at Milan from 26 Aug. to 6 Sept. 1985, and endorsed by General Assembly resolutions 40/32 of 29 Nov. 1985 and 40/146 of 13 Dec. 1985, https://www.ohchr.org/en/instruments-mechanisms/instruments/basic-principles-independence-judiciary.
[17] UN, Guidelines on the Role of Prosecutors, adopted by the Eighth United Nations Congress on
the Prevention of Crime and the Treatment of Offenders, Havana, Cuba, 27 August to 7 September 1990, https://www.ohchr.org/en/instruments-mechanisms/instruments/guidelines-role-prosecutors.
[18] UN, Basic Principles on the Role of Lawyers, United Nations, 7 September 1990, https://www.ohchr.org/en/instruments-mechanisms/instruments/basic-principles-role-lawyers.
[19] UN General Assembly, Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms: resolution / adopted by the General Assembly, A/RES/53/144, 8 March 1999, https://www.ohchr.org/en/instruments-mechanisms/instruments/declaration-right-and-responsibility-individuals-groups-and.
[20] See, e.g. Amnesty International, ‘Sanctions must be opposed, not appeased’: Key Recommendations, 24th Session of the Assembly of States Parties to the Rome Statute, 1-6 December 2025, Annex, https://www.amnesty.org/en/wp-content/uploads/2025/11/IOR5304942025ENGLISH.pdf
[21] Agreement on the Privileges and Immunities of the International Criminal Court, Adopted by the Assembly of States Parties, First session, New York, 3-10 September 2002, ICC-ASP/1/3, https://www.icc-cpi.int/sites/default/files/NR/rdonlyres/23F24FDC-E9C2-4C43-BE19-A19F5DDE8882/140090/Agreement_on_Priv_and_Imm_120704EN.pdf
[22] See, e.g., International Service for Human Rights, A Model Law for the Recognition and Protection of Human Rights Defenders, ISHR, 2017, https://ishr.ch/wp-content/uploads/2016/06/ISHR_resource_modellaw_2017_english.pdf
[23] UN Human Rights Council, United Nations Declaration on Human Rights Education and Training : resolution / adopted by the Human Rights Council, A/HRC/RES/16/1, 8 April 2011, https://www.refworld.org/legal/resolution/unhrc/2011/en/79071.
