ICC Deputy Prosecutor: US Sanctions Not Yet Halting Investigations

The International Criminal Court has long operated at the intersection of international law and great power politics, but the current standoff with the United States has intensified the scrutiny on its daily operations. In the face of escalating diplomatic pressure, the court's leadership is pushing back against the narrative that its work is stalling, claiming that substantive progress is being made even as external threats mount.

Nazhat Shameem Khan, who currently co-runs the prosecutor's office, stated that investigations into the Gaza war and other conflicts have seen significant movement. This is particularly notable given that the last public developments in the Gaza case date back to late 2024, when warrants were issued for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Galant. Khan explained that the silence is procedural rather than substantive. The court ruled earlier this year that all charges and warrant applications must remain secret until judges approve their release. She noted that even if an investigation is nearing a critical stage, the team may be unable to discuss it publicly, creating an appearance of inactivity that does not reflect the internal reality.

The new sanctions were announced by US Secretary of State Marco Rubio on 9 October. He labeled the ICC a rogue institution and issued a six-month deadline for the court to negotiate a solution, though the specific demands from Washington remain vague. Khan acknowledged that the measures are already being felt by staff, despite the formal six-month grace period. She described banks as over-complying with the new rules to minimize risk, which has caused banking difficulties for individual employees. While the sanctions are technically aimed at the institution, Khan admitted that staff are experiencing direct friction in their personal financial lives.

To mitigate these risks, the court is actively insulating its infrastructure. It is moving away from Microsoft software toward European alternatives and renegotiating contracts for banking and health insurance. Khan insisted that no decisions have been made to reduce the court's capability or output based on these sanctions, although she conceded that the full impact remains difficult to predict. Her experience with US restrictions is personal, having been one of thirteen staff members targeted in February 2025. She described the inconvenience of navigating global travel without a credit card but framed it against the backdrop of the victims the court serves, for whom such administrative hurdles are irrelevant.

The prosecutor's office faces disruptions beyond US policy. Formal investigations into sexual harassment allegations against former chief prosecutor Karim Khan began in late 2024. The British jurist, who is not related to the deputy prosecutor, denied the charges and was removed from his post in July following a vote by member states. Meanwhile, Rubio recently suggested without evidence that globalist experts wanted the ICC to prosecute US citizens. Khan clarified that no Americans have been brought before the court, though she pointed to the Afghanistan situation. There, the priority is prosecuting the Taliban and Islamic State Khorasan for gender persecution, a focus that led the pretrial chamber to unseal four new arrest warrants this month.

The court is not standing alone in this dispute. The ICC registrar is in negotiations with the European Union regarding potential blocking mechanisms or other forms of protection. Additionally, the European Parliament awarded the court and its officials the Sakharov prize for freedom of thought this week. Khan viewed this support as a vital message for her staff, arguing that the intense attention on the court reflects its relevance to victims who seek justice outside the realm of politics.