President Tomoko Akane
Credit: European Union 

President Akane said: “I represent a judicial institution that was created as a result of the historical sufferings that humankind has endured. In 1998, states gathered in Rome to create a permanent international criminal court that has jurisdiction over war crimes, crimes against humanity, and genocide, determined to put an end to impunity for these crimes.

“Ireland upholds the rule of law to a remarkably high standard, and it has always been amongst the strongest supporters of the International Criminal Court ever since its inception in 2002. Ireland joined the ICC after amending the Constitution in 2001, a testament to its dedication to the gravest crimes.”

President Akane added: “Today, the United States has sanctioned several ICC Judges and prosecutors, including myself, for carrying out their duties under the Rome Statute. Several current and former ICC officials have been convicted and sentence in absentia by Russia for their activities in relation to the situation in Ukraine, which again includes me. At this moment, 12 of the 18 ICC Judges are the subject of at least one of these coercive measures.

“The institution also faces cyberattacks and other measures that are aimed at interfering with judicial proceedings and changing our course. Such attacks against independent servants of the law are couched in narratives that are specific to the ICC and its activities, but they are also part of a broader assault against the rule of law.

“It is of vital importance that courts, whether that is the ICC or any other court, remain independent and free from political pressure or any kind of coercion. But at times, it feels to me that this very foundational notion is corroding before our eyes”.

The Chief Justice, Mr Justice Donal O’Donnell thanked President Akane for her “sobering reflection” adding that: “This brings into focus the importance of seeking to protect courts, judges and court systems against attack. That should not just be the concern of other judges, lawyers or NGOs operating in the justice sector – it should be the concern of anyone who wants to live in a free society that respects the individual and protects their rights.”

Mr Justice O’Donnell continued that the sanctions placed by the US on members of the ICC were part of a wave called “rule of law backsliding” that involves “a fundamental challenge to the post Second World War model of full adult franchise representative democracy, limited by a Constitution which alone, or together with other instruments, guarantees individual rights.”