Analysis
Countries line up to support the ICC – but not Italy
The letter from the 79 countries calls the court “a vital pillar of the international justice system by ensuring accountability for the most serious international crimes, and justice for victims.”
It has become clear which government is the most Trumpian in Europe, and perhaps in the entire West, as proven by their actions. EU leaders have condemned President Trump's latest executive order and 79 member countries of the International Criminal Court (ICC) have signed a joint letter criticizing the U.S. sanctions against the Hague-based court. But Italy is missing from the roll call, siding with the White House instead of the majority of Western and democratic countries.
The letter from the 79 countries calls the court “a vital pillar of the international justice system by ensuring accountability for the most serious international crimes, and justice for victims.” The measures imposed by Washington last week take the form of sanctions against the ICC, motivated by what Trump called “illegitimate and baseless actions targeting America and our close ally Israel.” According to the letter’s signatories, hostile action toward the Hague Court could “increase the risk of impunity for the most serious crimes and threaten to erode the international rule of law, which is crucial for promoting global order and security.” And, as a consequence, “jeopardize the confidentiality of sensitive information and the safety of those involved—including victims, witnesses, and Court officials, many of whom are our nationals.”
The ICC defended itself in an unprecedented statement condemning the initiative by the world's most powerful politician, stressing that it is conducting “independent and impartial judicial work.” The sanctions are “the latest in a series of unprecedented and escalatory attacks,” said the tribunal's president, Tomoko Akane from Japan. “Such threats and coercive measures constitute serious attacks against the Court’s States Parties, the rule of law based international order and millions of victims,” she stressed.
The absence of the Italian government among the signatories to the joint letter in support of the ICC particularly sticks out. Those taking part in the initiative to protect the tribunal established by the Treaty of Rome in 1998 include, in addition to Canada, Brazil, and Congo, all the major EU countries: founders such as Germany, France and the Benelux countries, as well as major Western states such as Spain, the Scandinavian countries and Poland, as well as the United Kingdom.
Hungary, on the other hand, is also not on the list, whose Prime Minister Viktor Orban was quick to line up behind Trump. Budapest must “review its role within a sanctioned organization,” the Hungarian sovereignist leader commented. It was he, after all, who first brought Trumpian watchwords to this side of the Atlantic, starting with the copycat “Make Europe Great Again” (MEGA), used as the slogan of the Hungarian rotating presidency of the EU Council in the second half of 2024.
The reactions of the EU leadership to The Donald's decision were, for once, firm and unambiguous. “Sanctioning the ICC threatens the independence of the Court and undermines the entire system of international justice,” European Council President Antonio Costa said after meeting with the ICC president. “The ICC guarantees accountability for international crimes and gives a voice to victims worldwide. It must be able to freely pursue the fight against global impunity,” insisted EU Commission President Ursula von der Leyen, adding that ”Europe will always stand for justice and the respect of international law.” While this may apply to “Europe” in a general sense, there are highly prominent exceptions, such as Italy, something that can bring embarrassment to Brussels.
The most virulent attacks on the Court came from Israeli Prime Minister Benjamin Netanyahu. “A scandalous and corrupt organization” that “threatens the right of democracies to defend themselves,” Bibi called it during a meeting with U.S. House of Representatives Speaker Mike Johnson. This reaction is not surprising, since Tel Aviv is in open conflict with The Hague. And Trump also has a less-than-cordial history with the Court: in 2020, during his first term, he likewise imposed sanctions on Hague officials, including then-Attorney General Fatou Bensouda.
One should recall that neither Washington nor Tel Aviv are members of the international tribunal, whose purpose is to prosecute war crimes and crimes against humanity (including genocide). The U.S. and Israel are certainly not alone in this, standing together with China, Russia, India, as well as Libya, Saudi Arabia, Turkey and Cuba.
On Nov. 21, the ICC had issued an arrest order for Netanyahu and his former defense minister Yoav Gallant, claiming that it had “reasonable grounds” to hold them responsible for crimes committed in Gaza. Hamas leader Mohammed Deif was also among those indicted, but that was not enough. The latter’s inclusion, which appeared to be a show of balance, has been interpreted by Trump as a “shameful moral equivalence” between Israel and Hamas; according to a document circulating at the White House on Thursday, that arrest warrant is being invoked as justification for the U.S. president's latest decision to impose sanctions.
Originally published at https://ilmanifesto.it/la-cpi-non-si-tocca-fronte-contro-trump-ma-litalia-non-firma on 2025-02-08