ICC Deputy Reports Staff Banking Strain

The International Criminal Court is attempting to maintain its operational independence while facing a new wave of US sanctions that its deputy prosecutor says are already affecting staff finances. The measures were announced by US Secretary of State Marco Rubio on 9 October, who labeled the ICC a rogue court and demanded a solution within six months.

Rubio declared that the court must either end its threats or face termination. He stated, “Either the ICC will end its threats, or we will end the ICC.” The six-month grace period is intended for negotiations, though Washington has not defined the specific criteria required for satisfaction.

Nazhat Shameem Khan, who is co-running the prosecutor’s office pending the appointment of a new chief prosecutor, reported that the investigations into the Gaza war and other situations have made progress. This advancement follows the issuance of arrest warrants in November 2024 for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Galant. Khan noted that no further Gaza charges have been announced since late 2024 because the court ruled that all charges must remain secret until judges approve their public release.

Khan explained that while the public may perceive a lack of activity, the work continues. She stated, “Even if we reach a stage of the investigations where it might be imminent, we may not discuss it publicly.” She assured that significant progress is being made in the Gaza situation and elsewhere.

Staff members are experiencing banking difficulties even though the sanctions are not yet officially in effect. Khan described banks as over-complying to minimize risk while the scope of the measures remains uncertain. She noted that while the sanctions target the institution, individual staff members are feeling the impact. She said, “But again, what I am hearing from members of our staff is that some of them are experiencing difficulties in banking.”

The court is working to insulate itself from Washington by switching software from Microsoft to European alternatives and negotiating with service providers for banking and health insurance. Khan confirmed that all investigations continue without any decision to reduce capability or output based on the sanctions. She acknowledged, however, that it is impossible to anticipate the full impact once the measures officially take effect.

Khan has personal experience with these restrictions, 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 difficulty of traveling without one. She added that her situation is put into perspective by visits to refugee camps where victims seek justice. She said, “We see the faces of our victims for whom sanctions and credit cards are completely irrelevant.”

The prosecutor’s office also faces internal disruption from formal investigations into sexual harassment allegations against former chief prosecutor Karim Khan, who was removed in July after a vote by member states. Separately, the European Parliament awarded the court its Sakharov Prize for freedom of thought this month. Khan called the backing an important message for staff, stating that the court remains a vital avenue for victims who have nowhere else to turn.