Trump risks ICC arrest warrant being issued for him, says human rights lawyer

Donald Trump risks an arrest warrant being issued for him after he imposed sanctions on the International Criminal Court (ICC), a top human rights lawyer has warned.

Baroness Kennedy of the Shaws, director of the International Bar Association’s Institute of Human Rights, argued that Article 70 of the Rome Statute forbids the obstruction of justice.

The Labour peer told the House of Lords that, under this law, no officer of the ICC can be impeded in carrying out their duties.

Her comments came after the US president issued an executive order in response to what is described as “illegitimate and baseless actions targeting America and our close ally Israel”.

Lady Kennedy said: “The world will never see peace if there is no entity which will pursue justice for victims of egregious crimes.

“There cannot be impunity for our allies.

“Even now, the court is working on files to bring yet more members of Hamas to trial for the atrocities that took place on 7th October, and it is assisted in this painful work by Israeli lawyers for the families of the hostages and the families of the Israeli dead.

“Work continues also on the investigation of potential war crimes in Gaza.

“Does the Government accept that this new executive order attacks the fundamentals of the court and its functioning?

“And will the Government inform the United States administration, in these contracts that it has, that Article 70 of the Rome Statute forbids the obstruction of justice?

“There can be no impeding of any officer of the court in carrying out their duties, and arrest warrants can follow.

“Will the Government advise the president of the risk he faces of an arrest warrant being issued for him?”

Mr Trump signed the executive order to impose sanctions after The Hague’s investigations into Israel in its war with Hamas.

In November, judges at the ICC issued an arrest warrant for Israeli prime minister Benjamin Netanyahu and former Israeli defence minister Yoav Gallant, as well as Hamas military commander Mohammed Deif.

Lady Kennedy sat on the ICC panel which reviewed the evidence used by the prosecutor’s office to apply for warrants and helped assess whether thresholds for evidence were met.

Prosecutors then applied for the warrants and they were issued by the court.

Human rights campaigner and independent crossbench peer Lord Alton of Liverpool urged the Government to “protest in the strongest possible terms” that Lady Kennedy has been “threatened with visa restrictions and potential fines for dealing with clients who are a part of the process of the International Criminal Court”.

Responding, Foreign Office minister Lord Collins of Highbury said: “The Government has repeatedly expressed its support for the independence of the International Criminal Court, including most recently last week by joining a statement together with 70 other States Parties.

“Imposing sanctions against ICC officials impedes the court’s ability to carry out its important work investigating and prosecuting the most serious crimes of international concern.

“We are in contact with the US administration and British nationals employed by the ICC to understand the possible implications of these measures.”

He added: “Successive UK and US administrations have taken a different view on the ICC.

“The UK is a signatory to the Rome Statute, the US are not.

“The UK supports fully the independence of the ICC and we do not support sanctioning individual court officials.

“Our focus remains on ensuring the ceasefire can be sustained and a surge of vital aid can reach those most in need in Gaza and that all remaining hostages are released and reunited with their families.

“That’s our goal and we are working with the US at all levels on that and we will continue to do so.”

Former deputy High Court judge Lord Thomas of Gresford said that the forcible transfer of the population of Gaza, under Mr Trump’s plan, would be a crime against humanity under Article 7.1(d) of the Rome Statute of the ICC.

The Liberal Democrat peer added that, under Section 2 of the UK’s International Criminal Court Act 2001, the Attorney General “has no discretion but to endorse any warrant of arrest for the President issued by the ICC”.

He claimed that this would mean “no more golf for the President at Balmedie and Turnberry and certainly no more cups of tea and parades with our good King Charles”.

The UK Government has been clear that Palestinians must be allowed to return to their homes and rebuild Gaza, and that it would oppose any effort to move them to neighbouring countries against their will.