Statement Calling for Upholding the Independence of the International Criminal Court and the Rule of Law
The International Criminal Court (the ‘ICC’) was established in response to the unimaginable atrocities that deeply shocked the conscience of humanity in the 20th century, which resulted in numerous victims, including children. It is an international criminal tribunal that is underpinned by the notion that it is necessary to pursue individual criminal responsibility of those responsible for certain grave crimes that infringe on values that are common to the international society as a whole, such as the crime of genocide, crimes against humanity, war crimes and the crime of aggression.
Since its establishment as a permanent judicial institution in July 2002 in The Hague, the Netherlands, the ICC has carried out an important mandate: to maintain the peace, safety and dignity of humankind by bringing to light the sufferings of victims and carrying out judicial proceedings in line with the rule of law.
However, the independence of the ICC is at serious risk as, in recent years, certain states have implemented retaliatory measures against the ICC’s exercise of authority. In Russia arrest warrants were issued against the Prosecutor and several Pre-Trial Judges of the ICC in response to the arrest warrants issued on March 17th, 2023 by the ICC against the President of Russia and others in relation to the military invasion of Ukraine. Further, in the United States, in response to the ICC’s issuance of arrest warrants against the Israeli Prime Minister and others on November 21st, 2024 in connection with the armed conflict in Gaza, an executive order was issued on February 6th, 2025 imposing sanctions against ICC officials and others, including an entry ban to the United States and an asset freeze.
Such retaliatory measures against the ICC constitute an unjustified interference with the independence of a judicial institution that is based on international law and could lead, not only to restrictions on individual ICC personnel, but to the ICC’s entire activities in the field of international criminal justice being paralysed. This issue cannot be overlooked, as it could in turn lead to the most serious crimes being left unpunished and undermine the rule of law.
Since joining the ICC on October 1st, 2007, Japan has been contributing to the ICC by producing several judges and as the largest contributor to its budget.
In view of the serious risks currently faced by the ICC, an institution that underpins the rule of law in the international society, the Japan Federation of Bar Associations reiterates the importance of the ICC’s raison d’être and urges the government of Japan to continue its contribution towards the ICC in order to uphold the rule of law in the international society as well as to lobby for the withdrawal of retaliatory measures against ICC activities.
March 27, 2025
Reiko Fuchigami
President of the Japan Federation of Bar Associations