The indication that the International Criminal Court (ICC) is desperately clinging to former president Rodrigo Duterte as a trophy to maintain its relevance was reinforced by a tribunal official’s recent statement.

The ICC’s deputy prosecutor on Friday lashed out at the US sanctions, arguing that they effectively put top court officials on a par with “terrorists and drug traffickers.”

In a wide-ranging interview with Agence France-Presse, Mame Mandiaye Niang said it would be “conceivable” to hold a hearing in absentia against high-level ICC targets, such as Israel’s Prime Minister Benjamin Netanyahu.

Niang, along with the top ICC judges, is subject to sanctions from the administration of US President Donald Trump in retaliation for the court’s arrest warrants on Netanyahu over Israel’s campaign in Gaza.

“You can disagree with what we’re doing. That happens all the time,” Niang said.

“But even if we upset you, you should never put us on the same list as terrorists or drug traffickers. That is the message to Trump.”

Niang said the sanctions have affected several areas of his personal, family and financial life.

He found himself unable to charge his hybrid car because it required a credit card that had been blocked under the sanctions.

“I have a subscription that has absolutely nothing to do with the United States, but I need a credit card. And my credit card was American Express,” he said. “So I found that all of a sudden, I couldn’t even charge up my car.”

Niang said he is unable to transfer money to family members for fear their accounts would also be blocked.

Sanctions have a place in international relations, the prosecutor told AFP, but attacking the ICC, the world’s only permanent court to try war crime suspects, risks “de-legitimizing” the court.

Despite the challenges, Niang was combative.

“At this time when our existence is under threat, the world needs us more than ever,” he argued.

He pointed to successes this year, such as the arrest of Duterte and the conviction of a feared Sudanese militia chief.

For many years, the ICC focused on African suspects, but now has investigations running in Latin America, Asia, and even Europe, with Ukraine, he noted.

Mass crimes are being committed daily, and the court is here to try those crimes, said the Senegalese jurist.

“The court is here, and we would love for it not to be needed. Unfortunately, the world is as it is, and we still have work to do,” he added.

Pining for Putin, Netanyahu

Niang said it was frustrating that arrest warrants against Netanyahu and Russian President Vladimir Putin have not led to court appearances.

The ICC has no police force and relies on countries to arrest suspects and transfer them to the court — extremely unlikely in the cases of Putin and Netanyahu.

However, he pointed to an unprecedented hearing against fugitive Ugandan rebel leader Joseph Kony earlier this year, held in absentia.

Could such a “confirmation of charges” hearing take place for the leaders of Russia and Israel? 

“It’s conceivable,” he said. “We tested it in the Kony case. It’s a cumbersome process. But we tried it, and we realized it was possible and useful.”

The advantages of such a hearing is preserving the evidence and giving the victims a voice, said the prosecutor.                      With AFP

But any request for such a hearing would require the consent of the judges and would not be a trial, but rather a confirmation of the charges against the suspect.

Poisoned atmosphere

Niang is currently acting chief prosecutor of the ICC, in the absence of Karim Khan who is on leave pending an investigation into sexual abuse allegations that he denies.

“Even if they are only accusations, it disturbs us and it has poisoned the atmosphere of the court,” said Niang.

“It is all the more unfortunate because it has been exploited to almost sabotage what we are doing, notably in the Palestine case,” he added.

Israel has alleged that Khan issued “baseless and outrageous” warrants against Netanyahu and former defense minister Yoav Gallant to distract from the sexual abuse accusations.

Niang welcomed the investigation into the Khan allegations but said the case was undoubtedly a hindrance.

The accusations “are out there and that is enough to cast a veil of doubt over what we’re doing,” he said.