Deputy Prosecutor Confirms ICC Operations Continue Despite New US Sanctions

For staff members of the International Criminal Court, the recent introduction of new American sanctions has already begun to create practical difficulties in daily life, despite the measures not officially taking effect for another six months. Nazhat Shameem Khan, who is currently co-running the prosecutor's office while a new chief prosecutor is appointed, confirmed that some colleagues are experiencing friction with banking services. These issues arise because financial institutions are adopting an overly cautious approach to minimize risk while the precise scope of the sanctions remains uncertain. Khan emphasized that while the sanctions are technically aimed at the institution rather than individuals, the real-world impact on employees is becoming apparent.

The sanctions were announced on October 9 by US Secretary of State Marco Rubio, who described the court as a rogue entity. He issued a stark warning that the ICC must either cease its threats or face termination, providing a six-month grace period for the court to negotiate a solution. Khan noted that while the timeline for these measures to fully bite is still unfolding, the institutional response has been to maintain full operational capacity. No decisions have been made to reduce investigative capabilities or output based on the new pressure from Washington.

Regarding the court's caseload, Khan reported that the investigation into the war in Gaza and other active situations have made significant progress. This advancement has occurred since the court issued war crimes arrest warrants in November 2024 for Israeli Prime Minister Benjamin Netanyahu and his former defense minister, Yoav Galant. Although no new charges related to Gaza have been publicly announced since late 2024, Khan explained that this silence is due to a ruling made earlier this year. The court determined that all charges and warrant applications must remain secret until judges decide they can be made public, which may create an appearance of inactivity to outside observers.

Khan clarified that even if investigations reach a stage where action seems imminent, public discussion may still be restricted. She assured that substantial work is continuing in the Gaza situation as well as in other cases. The court is actively working to insulate itself from the hostile administration in the United States. This includes switching its software from Microsoft to European alternatives and negotiating with service providers regarding banking and health insurance to ensure continuity of operations.

Khan, who is from Fiji, has personal experience with these measures, having been one of 13 ICC staff targeted by the US in February 2025. She described life without a credit card as inconvenient, noting the increasing reliance on digital payments for travel and daily transactions worldwide. However, she stated that visits to refugee camps and sites of mass atrocities put this inconvenience into perspective. She emphasized that for the victims they represent, financial sanctions are irrelevant, as they primarily seek justice.

The prosecutor's office faces disruptions beyond the American sanctions. Formal investigations into allegations of sexual harassment against former chief prosecutor Karim Khan began in late November 2024. The British jurist, who is no relation to the current deputy prosecutor, denied the charges and was removed from his position in July of this year following a vote by member states. This internal matter adds to the administrative challenges the office is currently managing.

Secretary of State Rubio recently claimed, without presenting evidence, that globalist experts wanted the court to prosecute US citizens. Khan noted that it was unclear what this reference meant, as the court has not brought any Americans before it. She suggested that if the comment referred to the Afghanistan situation, the priority there is addressing offenses committed against women, girls, and other vulnerable groups 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.

Support for the court is coming from Europe as it navigates these challenges. The ICC registrar is negotiating with the European Union to block the sanctions or protect the court in other ways. On Thursday, the European Parliament awarded its Sakharov prize for freedom of thought to the court and its officials. Khan described this backing as a vital message for staff. She stated that the intense attention on the court reflects its relevance, serving as a venue for victims who have nowhere else to go and who want to cut past politics to have their voices heard.