Kenneth Roth

The desperate attempts by Israeli occupation representatives and apologists, linking the vote to remove the Prosecutor of the ICC to the ongoing and independent investigation in the Situation in the State of Palestine, including the arrest warrants against alleged criminal Israeli officials, committing crimes under the Court’s mandate, are highly cynical. Attacking the ICC for doing its job by the alleged war criminals committing crimes under the Court’s mandate should be rejected by all. Three independent judges issued the arrest warrants for Israeli wanted criminals. What was scandalous is how long this process took and how long they were delayed. The ICC has an obligation to follow the law and ensure accountability for all crimes regardless the identity of the victims and perpetrators. This is a foundational principle of the Court and all law-respecting states must take all measures to protect the Court, its officers, and the right of victims to justice. The vote by the Assembly of States Parties to remove the Prosecutor was not a political proxy vote on any Situation before the ICC, an assessment on prosecutorial strategy, or a broad institutional referendum. It was a statutory vote based on the Rome Statute. The independence of the Office of the Prosecutor and the proper functioning of the Court must be guarded against increasing political intimidation and external attacks by States and other actors. Prosecutorial independence is a fundamental pillar of the Rome Statute. The Office of the Prosecutor has an obligation to follow the law and ensure accountability for all crimes across all situations. States Parties have an obligation to uphold their obligations under the Rome Statute, including by implementing the arrest warrants against Israeli officials.