The Hague (AFP) – The deputy prosecutor of the International Criminal Court on Friday lashed out at US sanctions, arguing they effectively put top court officials on a par with “terrorists and drug traffickers”. In a wide-ranging interview with AFP, Mame Mandiaye Niang also said it would be “conceivable” to hold an in-absentia hearing against high-level ICC targets such as Israel’s Prime Minister Benjamin Netanyahu.
Sixty-five-year-old Niang, along with top ICC judges, is subject to sanctions from the administration of US President Donald Trump, in retaliation at the court’s arrest warrants for Netanyahu over Israel’s campaign in Gaza. “You can disagree with what we’re doing. That happens all the time,” Niang told AFP in a one-to-one interview on the sixth floor of the ICC’s building in The Hague. “But even if we upset you, you should never put us on the same list as terrorists or drug traffickers. That is the message” to Trump.
Niang said the sanctions affected several areas of his personal, family, and financial life. He found himself unable to charge up his hybrid car because it required a credit card that had been blocked due to the sanctions. “I have a subscription that has absolutely nothing to do with the United States, but I need a credit card. And my credit card was American Express,” he said. “So I found that all of a sudden, I couldn’t even charge up my car.” Niang said he was unable to transfer money to family members for fear their accounts would also be blocked.
Sanctions have a place in international relations, the prosecutor told AFP, but attacking the ICC — the world’s only permanent court to try war crimes suspects — risks “de-legitimising” the instrument.
Niang said it was frustrating that arrest warrants against Netanyahu and Putin had not resulted in a court appearance. The ICC has no police force and relies on countries to arrest suspects and transfer them to the court — extremely unlikely in the case of Putin or Netanyahu. However, he pointed to an unprecedented hearing against fugitive Ugandan rebel leader Joseph Kony earlier this year, held in absentia. Could such a “confirmation of charges” hearing take place for the leaders of Russia or Israel? “It’s conceivable,” he said. “We tested it in the Kony case. It’s a cumbersome process. But we tried it and we realised it was possible and useful.”
The advantages of such a hearing are to preserve evidence and also to give a voice to victims, said the prosecutor. But any request for such a hearing would require the consent of judges and would not be a trial, just a confirmation of the charges against the suspect.
Niang is currently acting chief prosecutor of the ICC, in the absence of Karim Khan, who is on leave pending an investigation into sexual abuse allegations that he denies. “Even if they are only accusations, it disturbs us and it has poisoned the atmosphere of the court,” said Niang. “It is all the more unfortunate because it has been exploited to almost sabotage what we are doing, notably in the Palestine case,” added Niang. Israel has alleged Khan issued “baseless and outrageous” warrants against Netanyahu and former defence minister Yoav Gallant to distract from the sexual abuse accusations. Niang welcomed the investigation into the Khan allegations but said the case was undoubtedly a hindrance. The accusations “are out there and that is enough to cast a veil of doubt over what we’re doing,” he said.
Despite the challenges facing the court, Niang was combative. “At this time when our existence is under threat, the world needs us more than ever,” he argued. He pointed to successes this year, such as the arrest of former Philippines president Rodrigo Duterte and the conviction of a feared Sudanese militia chief. For many years, the ICC focused on African suspects but now had investigations running in Latin America, Asia, and even Europe with Ukraine, he noted. Mass crimes are being committed daily and the court is there to try those crimes, said the Senegalese jurist. “The court is here and we would love for it not to be needed. Unfortunately, the world is as it is and we still have work to do.”
© 2024 AFP
