ICC Deputy Prosecutor Says US Sanctions Have Not Slowed Court Investigations

The International Criminal Court is maintaining its investigative pace despite new sanctions imposed by the United States, according to its deputy prosecutor. Nazhat Shameem Khan, who is currently co-running the prosecutor's office, stated that while the financial measures are beginning to affect staff, the institution has not reduced its output or capability in response.

The conflict stems from a declaration made by US Secretary of State Marco Rubio on October 9. Rubio labeled the court a rogue institution and issued a six-month deadline for it to present a solution to Washington's concerns. He warned that if the ICC did not end its threats, the US would move to end the court. It remains unclear what specific actions would satisfy the US government during this grace period.

The court's work has continued since the issuance of arrest warrants in November 2024. Those warrants targeted Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Galant over the Gaza war. Khan said that investigations into that conflict and others have made substantial progress. No new charges regarding Gaza have been announced since late 2024, but Khan explained that a court ruling earlier this year requires all warrant applications to remain secret until judges decide they can be made public.

Khan noted that the secrecy rule can create the appearance of inactivity. She said that even if an investigation reaches a stage where action seems imminent, the team may not be able to discuss it publicly. She assured observers that progress is being made in the Gaza situation and in other cases, despite the lack of public announcements.

Staff members are already feeling the effects of the sanctions before they officially take force. Khan said the measures are scheduled to begin six months after their announcement, but banks are over-complying with the new rules to minimize risk. This has caused banking difficulties for some employees. Khan emphasized that the sanctions were imposed on the institution and should not directly impact individual members, but she acknowledged the practical hurdles her team is facing.

The court is taking steps to insulate itself from the US administration. It is switching its software from Microsoft to European alternatives and is negotiating with service providers for banking and health insurance. Khan said all investigations continue across all situations and that no decisions have been made to reduce the court's capabilities based on the sanctions.

Khan has personal experience with US sanctions, having been one of 13 ICC staff targeted in February 2025. She described life without a credit card as inconvenient, noting the difficulty of traveling without one. She said her personal inconvenience was put into perspective by visits to refugee camps and sites of mass atrocities, where victims focus on justice rather than financial logistics.

The prosecutor's office is also dealing with internal disruptions. Formal investigations began in late November 2024 into allegations of sexual harassment against former chief prosecutor Karim Khan. The British jurist, who is not related to the current deputy, denied the charges and was removed from his position in July following a vote by member states.

Rubio recently claimed that global experts wanted the ICC to prosecute US citizens, though he did not provide evidence. Khan said it was unclear what he meant, noting that the court has not brought any Americans before it. If the reference is to Afghanistan, she said the priority is offenses committed against women, girls, and other vulnerable groups by the Taliban and the Islamic State Khorasan. This month, a pretrial chamber unsealed four arrest warrants against Taliban members on charges of gender persecution.

The court is also seeking support from Europe. The ICC registrar is negotiating with the European Union to block the sanctions or protect the court in other ways. On Thursday, the European Parliament awarded the court and its officials the Sakharov Prize for Freedom of Thought. Khan called this backing an important message for the staff. She said the attention on the court reflects its relevance as a venue for victims who need to cut past politics to have their voices heard.