ICC Deputy Prosecutor Reports Steady Case Progress Amidst US Sanctions Pressure

The International Criminal Court is navigating a period of intense external pressure, yet its leadership claims internal operations remain robust. Nazhat Shameem Khan, who is currently co-running the prosecutor's office while the search for a new chief continues, stated that the institution has made significant strides in its casework despite the recent imposition of sanctions by the United States.

The timeline of this escalation began in November 2024, when the court issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former defense minister Yoav Galant. This move marked a pivotal moment in the investigation into the Gaza war. Since late 2024, no further charges regarding that conflict have been publicly announced. However, Khan explained that this silence is procedural rather than indicative of stagnation. Earlier this year, the court ruled that all warrant applications must remain secret until judges determine they can be released to the public, creating a quiet period for what are active legal processes.

The diplomatic friction intensified in early October when US Secretary of State Marco Rubio announced new sanctions against the court. He labeled the ICC a rogue institution and issued a stark ultimatum, stating that the court must end its threats or face termination. Rubio granted a six-month window for the court to negotiate a solution, although the specific criteria for Washington's satisfaction have not been clearly defined. This declaration placed the ICC under a strict deadline to demonstrate cooperation or adapt its approach.

Although the sanctions are not scheduled to take full effect until six months from now, Khan noted that staff are already feeling the strain. She described a pattern of over-compliance by banks, which are tightening their rules to minimize risk while the scope of the measures remains ambiguous. While the sanctions technically target the institution rather than individual employees, Khan acknowledged that some staff members are facing difficulties with banking services. This early impact has forced the court to adjust its financial and logistical strategies before the formal deadline arrives.

To mitigate these risks, the court is actively insulating itself from the hostile environment in Washington. This includes transitioning its software from Microsoft to European alternatives and renegotiating contracts with service providers for banking and health insurance. Khan emphasized that no decisions have been made to reduce the court's capability or output based on the sanctions. All investigations across various situations are continuing, even though it is difficult to predict the full impact once the measures officially kick in.

Khan is personally familiar with the consequences of US measures, as she was one of 13 ICC staff targeted in February 2025. She described the inconvenience of life without a credit card, noting how it affects travel and daily transactions worldwide. However, she contrasted this discomfort with the realities faced by victims in refugee camps and sites of mass atrocities, where financial instruments are irrelevant and the desire for justice is paramount. This perspective helps frame the internal challenges within the broader context of the court's mission.

Beyond the external sanctions, the prosecutor's office has faced internal disruptions. Formal investigations into allegations of sexual harassment against former chief prosecutor Karim Khan began in late November 2024. The British jurist, who shares a surname but is not related to the current deputy prosecutor, denied the charges. He was removed from his position in July of this year following a vote by the member states. This internal transition has added another layer of complexity to the office's operations during a turbulent period.

Secretary of State Rubio recently claimed that globalist experts wanted the court to prosecute US citizens, though he did not provide specific evidence for this assertion. Khan addressed this by noting that the court has not yet brought any Americans before it. She suggested that if the reference was to the Afghanistan situation, the current priority involves offenses against women and vulnerable groups by the Taliban and the Islamic State Khorasan. This month, the court's pretrial chamber unsealed four arrest warrants against Taliban members on charges of gender persecution, marking a concrete step in that investigation.

As the court prepares for the next phase, it is seeking support from European institutions. The ICC registrar is negotiating with the EU to potentially block the sanctions or provide other forms of protection. Additionally, the European Parliament recently awarded the court and its officials the Sakharov prize for freedom of thought. Khan viewed this recognition as a vital message to the staff, reinforcing the relevance of their work. She emphasized that the court serves as a crucial avenue for victims who have nowhere else to turn, providing a space to be heard beyond the realm of politics.

The coming months will be critical as the six-month grace period expires. The court must balance its independence with the practical need to function under financial and diplomatic constraints. While the leadership insists that progress is being made, the clarity of the path forward depends on whether Washington and the court can reach a consensus before the sanctions fully take effect. The outcome will likely shape the future of international criminal justice and its relationship with major global powers.