Protecting the International Criminal Court and Strengthening Its Independence Is the Responsibility of States Parties

The Legal Department of the Democratic Front for the Liberation of Palestine (DFLP) stated that the recent developments affecting the International Criminal Court (ICC), including the termination of Prosecutor Karim Khan›s mandate and the announcement by several countries of their withdrawal from the Rome Statute, have placed the Court at a critical juncture that may be among the most sensitive since its establishment. These developments require the States Parties to take urgent action to preserve the Court›s credibility and independence, not only by expediting the election of a new Prosecutor, but also by providing the political, legal, and financial guarantees necessary to enable the Court to continue fulfilling its mandate free from pressure or interference.
The Department added that, from a legal perspective, the termination of the Prosecutor›s mandate has no effect on cases currently before the Court, does not undermine the legitimacy of the ongoing investigation into the situation in Palestine, and does not affect the legally binding nature of the arrest warrants issued against Israeli Prime Minister Benjamin Netanyahu and his former Minister of Defense. These measures were issued by the ICC›s Pre-Trial Chamber and remain in force unless amended or revoked through the judicial procedures established under the Rome Statute, not as a consequence of a change in the Prosecutor.
The Legal Department further stressed that the real concern does not lie in the legal status of the cases before the Court, but rather in the political and judicial environment in which it will operate during the coming period, amid escalating pressure and sanctions imposed on some of its judges, with the possibility that such measures could extend to the incoming Prosecutor. It also raised questions regarding the ability of the next Prosecutor to manage highly sensitive cases and exercise his or her mandate with independence and impartiality in the face of increasing political pressure from influential international powers seeking to shape the course of international justice.
The Department also stated that, irrespective of the validity of the allegations made against former Prosecutor Karim Khan, it is difficult to ignore the fact that the unprecedented escalation against the Court became significantly more intense after he sought arrest warrants against Israeli officials. Subsequently, the Court was subjected to extensive political and media campaigns, while the United States imposed sanctions on several of its officials, in a development that constitutes an infringement upon the independence of international justice and an attempt to influence the work of a judicial institution established to hold perpetrators of the gravest international crimes accountable.
The Department emphasized that the primary responsibility rests with the States Parties to the Rome Statute, which should not only elect a new Prosecutor but also adopt practical measures demonstrating their commitment to protecting the Court. Such measures include providing adequate financial support for its operations, ensuring the security of judges, prosecutors, investigators, and witnesses, rejecting any attempts to impose sanctions or political pressure on them because of the exercise of their legal functions, and strengthening cooperation in executing arrest warrants, collecting evidence, and surrendering suspects.
It further called on the States Parties to adopt a unified political and legal position affirming that the independence of the Court is a non-negotiable principle and that any targeting or intimidation of its personnel constitutes an attack on the international criminal justice system as a whole, not merely on the Court itself. Allowing pressure to influence the Court›s work would establish a dangerous precedent whereby efforts to prosecute officials from powerful states could result in judges and prosecutors being punished instead of the accused being brought to justice.
The Legal Department of the Democratic Front for the Liberation of Palestine concluded by stating that the future of the International Criminal Court will not be determined solely by the election of a new Prosecutor, but by the willingness of the States Parties to defend the independence of the institution they created. If they fail to provide the necessary political and legal protection, confidence in the international criminal justice system will be undermined, sending the message that the application of international law remains subject to political power rather than the rule of law. Conversely, if they succeed in shielding the Court from political pressure—as is hoped—they will demonstrate that the Rome Statute remains capable of safeguarding the independence of international justice and ensuring the continued fight against impunity, regardless of the identity or political status of those accused