ICC staff hit by banking trouble

Nazhat Shameem Khan says the international criminal court’s staff are already feeling the pinch of new US sanctions, even though the measures do not officially take effect for another six months. The deputy prosecutor, who is co-running the office pending a new chief appointment, told The Guardian that banks are reacting cautiously to the uncertainty surrounding the scope of the penalties.

US Secretary of State Marco Rubio announced the sanctions on October 9. He labeled the court a "rogue court" and set a six-month window for the ICC to negotiate a solution. Rubio stated, "Either the ICC will end its threats, or we will end the ICC." It remains unclear what specific concessions would satisfy Washington.

Khan described the current banking issues as a result of institutions "over-complying" to minimize risk. She explained that while the sanctions target the institution, individual staff members are being impacted in practice. "What I am hearing from members of our staff is that some of them are experiencing difficulties in banking," she said.

The court is taking steps to reduce its reliance on American systems. It is switching software from Microsoft to European alternatives and negotiating with service providers regarding banking and health insurance. Khan insisted that no decisions have been made to reduce the court's capability or output based on the sanctions.

The deputy prosecutor noted that the investigation into the Gaza war has made progress since the court issued arrest warrants in November 2024 for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Galant. She clarified that the lack of new announcements is due to a ruling requiring secrecy until judges approve public disclosure.

Khan herself was among 13 ICC staff targeted by US sanctions in February 2025. She described the inconvenience of life without a credit card, particularly for travel, but framed it against the backdrop of her visits to refugee camps and sites of mass atrocities.

The court also faces internal challenges. Formal investigations began in late November 2024 into sexual harassment allegations against former chief prosecutor Karim Khan. The British jurist, who is not related to the deputy prosecutor, denied the charges and was removed in July following a vote by member states.

The European Parliament awarded the court its Sakharov prize for freedom of thought this week. Khan called the backing a vital message for the staff, noting that the court provides a path to justice for victims who have nowhere else to turn.