In what analysts described as a decline in democratic institutions and values following the US House of Representatives' decision to sanction the International Criminal Court (ICC) over arrest warrants for Prime Minister Netanyahu and his former defence minister regarding Israel's Genocide in Palestine, US lawmakers disregarded pleas from over 100 global civil society and faith-based organisations urging lawmakers not to impose sanctions on the ICC.

Human Rights Watch and a number of other NGOs, hearing that Congress would impose sanctions on the ICC, rushed to plead with US lawmakers not to punish it, but their pleas were ignored.

In the joint signed letter by over a hundred organisations, they unequivocally opposed the use of the sanctions authority of the US to attack an independent judicial institution dedicated to combating impunity for grave crimes.

“The ICC performs a vital role in international affairs by investigating the worst international crimes that shock the collective conscience of humanity and investigating those accused of committing those crimes.

“It does so in a manner that protects the due process rights of the accused, the sovereignty of states, including the US, and victims' rights. As has been widely observed, supporting the work of the Court is in the interest of the United States, and sanctioning it conversely undermines US interests.

“Since Nuremberg, the United States has led efforts to bring to account those most responsible for atrocities around the world. Imposing sanctions on the ICC would be deeply misguided and betray American values,” read the joint letter.

However, the US House of Representatives snubbed the NGOs and agreed to push through the Senate to vote on the bill, calling on the President to impose sanctions on Court officials and others who support it.

In reaction, the South African Department of International Relations & Cooperation (Dirco) maintained that “designated multilateral institutions must enforce international law, and undermining these institutions circumvents the basis of international law and its efficacy”.

The department’s spokesperson, Chrispin Phiri, brushed off fears that the country may be targeted by the US and its allies for its efforts to end the genocide in Palestine.

“The only international institution that imposes sanctions is the United Nations Security Council. Bilateral agreements govern other engagements with other countries,” explained Phiri.

Throughout the ICC's years of existence, the institution has stood accused of bias against Africa following a trend of pursuing mainly African leaders for alleged wrong-doing, a concern raised by many African leaders, and Russian President Vladimir Putin.

South Africa and the Global South nations continue to condemn Israel's brutal war in Palestine.

Palestinian territory encompasses the Gaza Strip and West Bank, including East Jerusalem – a land that has been occupied by Israel since 1967.

On July 19, 2024, the ICJ issued an advisory opinion detailing that Israel’s continued presence in the OPT is unlawful, asserting Israel must end its presence as rapidly as possible, immediately cease all new settlement activities, and evacuate all settlers.

The UN General Assembly overwhelmingly adopted a resolution demanding Israel end this occupation within 12 months.

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