THE HAGUE, Netherlands: The president of the International Criminal Court lashed out at the United States and Russia for interfering with its investigations, calling threats and attacks on the court “appalling.”
“The court is being threatened with draconian economic sanctions by another permanent member of the Security Council as if it was a terrorist organization,” Judge Tomoko Akane, in her address to the institution’s annual meeting, which opened on Monday.
Akane was referring to remarks made by US Sen. Lindsey Graham, whose Republican party will control both branches of Congress in January, and who called the court a “dangerous joke” and urged Congress to sanction its prosecutor. “To any ally, Canada, Britain, Germany, France, if you try to help the ICC, we’re going to sanction you,” Graham said on Fox News.
This marks the first time the global court of justice calls out a sitting leader of a major Western all.
Graham was angered by an announcement last month that judges had granted a request from the court’s chief prosecutor Karim Khan to issue arrest warrants for Israeli Prime Minister Benjamin Netanyahu, his former defense minister and Hamas’ military chief for crimes against humanity in connection with the nearly 14-month war in Gaza.
The decision has been denounced by critics of the court and given only milquetoast approval by many of its supporters, a stark contrast to the robust backing of an arrest warrant for Russian President Vladimir Putin last year over war crimes in Ukraine.
Graham’s threat isn’t seen as just empty words. President-elect Donald Trump sanctioned the court’s previous prosecutor, Fatou Bensouda, with a travel ban and asset freeze for investigating American troops and intelligence officials in Afghanistan.
Akane on Monday also had harsh words for Russia. “Several elected officials are being subjected to arrest warrants from a permanent member of the Security Council,” she said. Moscow issued warrants for Khan and others in response to the investigation into Putin.
The Assembly of States Parties, which represents the ICC’s 124 member countries, will convene its 23rd conference to elect committee members and approve the court’s budget against a backdrop of unfavorable headlines.
The ICC was established in 2002 as the world’s permanent court of last resort to prosecute individuals responsible for the most heinous atrocities — war crimes, crimes against humanity, genocide and the crime of aggression. The court only becomes involved when nations are unable or unwilling to prosecute those crimes on their territory. To date, 124 countries have signed on to the Rome Statute, which created the institution. Those who have not include Israel, Russia and China.
The ICC has no police force and relies on member states to execute arrest warrants.
US President Joe Biden called the warrants for Netanyahu and the former defense minister “outrageous” and vowed to stand with Israel. A year ago, Biden called the warrant for Putin “justified” and said the Russian president had committed war crimes. The US is not an ICC member country.
France said it would “respect its obligations” but would need to consider Netanyahu’s possible immunities. When the warrant for Putin was announced, France said it would “lend its support to the essential work” of the court. Another member country, Austria, begrudgingly acknowledged it would arrest Netanyahu but called the warrants “utterly incomprehensible.” Italy called them “wrong” but said it would be obliged to arrest him. Germany said it would study the decision. Member Hungary has said it would stand with Israel instead of the court.
Global security expert Janina Dill worried that such responses could undermine global justice efforts. “It really has the potential to damage not just the court, but international law,” she said.
Milena Sterio, an expert in international law at Cleveland State University, told the AP that sanctions against the court could affect a number of people who contribute to the court’s work, such as international human rights lawyer Amal Clooney. Clooney advised the current prosecutor on his request for the warrants for Netanyahu and others.
“Sanctions are a huge burden,” Sterio said.
Also hanging heavy over the meeting in the Hague, are the internal pressures that Khan faces. In October, the AP reported the 54-year-old British lawyer is facing allegations he tried to coerce a female aide into a sexual relationship and groped her.
Two co-workers in whom the woman confided reported the alleged misconduct in May to the court’s independent watchdog, which says it interviewed the woman and ended its inquiry after five days when she opted against filing a formal complaint. Khan was never questioned. He has denied the claims.
The Assembly of States Parties has announced it will launch an external probe into the allegations. It’s not clear if the investigation will be addressed during the meeting.
The court, which has long faced accusations of ineffectiveness, will have no trials pending after two conclude in December. While it has issued a number of arrest warrants in recent months, many high-profile suspects remain at large.
Member states don’t always act. Mongolia refused to arrest Putin when he visited in September. Sudan’s former President Omar Al-Bashir is wanted by the ICC over accusations related to the conflict in Darfur, but his country has refused to hand him over. Last week, Khan requested a warrant for the head of Myanmar’s military regime, Senior Gen. Min Aung Hlaing, for attacks against the country’s Rohingya Muslim minority. Judges have yet to decide on that request.
“It becomes very difficult to justify the court’s existence,” Sterio said.

WASHINGTON: The number of migrants caught illegally crossing the US borders with Mexico and Canada fell in November, a senior US border official said, part of a months-long trend that undercuts President-elect Donald Trump’s claim illegal immigration is out of control.
US Border Patrol arrested some 47,000 migrants illegally crossing the US-Mexico border in November, according to a preliminary tally, the US Customs and Border Protection official said on Sunday, requesting anonymity to share unpublished data. The figure is a decrease from nearly 57,000 in October and the lowest monthly total since July 2020, during the COVID-19 pandemic and when Trump was still in office.
At the border with Canada, about 700 migrants were caught crossing illegally, down from 1,300 in October, the official said.
Trump, a Republican who recaptured the White House last month, has promised to crack down on illegal immigration and criticized Democratic President Joe Biden and Vice President Kamala Harris for record numbers of migrants caught illegally crossing during Biden’s administration. In a Truth Social post last week, Trump vowed to impose 25 percent tariffs on all goods from Mexico and Canada unless the countries stop migrants and illicit fentanyl from entering the US, a move that could trigger a trade war if Trump follows through when he takes office on Jan. 20. In response, Mexico President Claudia Sheinbaum warned the tariffs would have dire consequences for both countries and suggested possible retaliation. Canadian Prime Minister Justin Trudeau met with Trump at his Mar-a-Lago residence in Florida on Friday. US arrests of migrants at the Mexico border have fallen dramatically since Biden imposed restrictions in June that blocked most people crossing illegally from claiming asylum. At the same time, Mexico has stepped up immigration enforcement, stopping hundreds of thousands of migrants en route to the US since January.
“We really think these sustained reductions demonstrate the continued success of our work to strengthen international collaboration to address migration,” the official said.
In his Nov. 25 Truth Social post, Trump said a migrant caravan moving through Mexico appeared to be “unstoppable in its quest to come through our currently Open Border.”
However, the group, which had totaled several thousand migrants in southern Mexico, has seen its numbers and momentum decrease in recent days.
“Usually by the time they make it even 100 miles (161 km) north into Mexico, they’ve effectively been dissipated by the Mexican government,” the Customs and Border Protection official said.
Biden also has opened up new legal pathways in recent years that have allowed some 1.4 million migrants to enter by air or schedule an appointment to request entry at the US-Mexico border as of October. Trump has criticized Biden’s asylum restrictions, which mirror policies from Trump’s first term, as too lax and is expected to immediately roll back the legal entry programs.
The official said the US had taken steps in November to more quickly return migrants to Canada under an existing “safe third country” asylum agreement, which had led to a dropoff in illegal crossings.