International Justice: ICC Maintains Operations Amid Financial Pressure

Nazhat Shameem Khan, the deputy prosecutor at the International Criminal Court, confirmed on Friday that the institution is making substantial forward movement in its core cases. This update comes as the court navigates a new layer of financial friction introduced by Washington. Khan stated that the team is proceeding with its mandate despite the external pressures, signaling that the administrative challenges have not yet halted the legal machinery.

The pressure intensified on October 9 when US Secretary of State Marco Rubio unveiled a package of sanctions against the court. Rubio characterized the ICC as a rogue entity that must either cease its threats or face termination. He established a six month window for the court to negotiate a solution that addresses US concerns, although the specific criteria for satisfaction remain undefined. This diplomatic standoff has placed the court's operational stability under the microscope of global markets and legal communities.

Khan, who is currently co leading the prosecutor's office while a new chief is appointed, pointed to the Gaza war investigation as a primary example of this continued activity. Significant progress has been logged since the issuance of arrest warrants in November 2024 for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Galant. No new charges regarding Gaza have been made public since late 2024, a situation Khan attributes to a court ruling from earlier this year. That ruling mandates that all warrant applications and charges remain confidential until judges determine they can be disclosed.

"Even if we reach a stage of the investigations where it might be imminent, we may not discuss it publicly," Khan explained in an interview. She noted that the lack of public announcements might create an illusion of stagnation, but she assured that the work is advancing significantly in that specific case and others. This opacity is a strategic necessity rather than a pause in activity.

The financial impact is already being felt at the staff level, even though the formal sanctions are not set to take effect until six months after their announcement. Khan described the situation as banks engaging in over compliance to mitigate risk in the face of uncertain scope. While the measures target the institution rather than individual employees in principle, staff members have reported difficulties in managing their personal banking accounts. This early disruption highlights the friction costs associated with the sanctions regime.

To buffer itself from the hostile administration in Washington, the court is executing a series of operational shifts. It is moving its software infrastructure away from Microsoft toward European alternatives. Additionally, the court is in active negotiations with service providers regarding banking and health insurance arrangements. Khan emphasized that all investigations across all situations are continuing, and no decision has been made to reduce capability or output based on the sanctions. However, she acknowledged that it is impossible to predict the full impact once the measures officially kick in.

Khan is personally familiar with the effects of US sanctions, having been among thirteen ICC staff targeted in February 2025. She described life without a credit card as inconvenient, noting the difficulty of travel and daily transactions without such tools. She placed these personal inconveniences in perspective by referencing her visits to refugee camps and sites of mass atrocities, where victims are focused on justice rather than financial instruments.

The prosecutor's office is also managing internal disruptions beyond the American sanctions. Formal investigations into sexual harassment allegations against former chief prosecutor Karim Khan began in late November 2024. The British jurist, who is no relation to the current deputy, denied the charges and was removed from his post in July following a vote by member states. This transition period adds complexity to the office's operational landscape.

Secretary of State Rubio also claimed this month that globalist experts in distant locations sought to prosecute US citizens before the court. Khan stated that she was unclear on the specific meaning of this remark, noting that the court has not brought any Americans before it. She added that if the reference was to the Afghanistan situation, the current priority involves offenses committed against women, girls, and other vulnerable groups by the Taliban and the Islamic State Khorasan. The court's pretrial chamber recently unsealed four arrest warrants against Taliban members on charges of gender persecution.

The court is not fighting this battle alone. The ICC registrar is negotiating with the European Union to explore options for blocking the sanctions or protecting the court through other means. On Thursday, the European Parliament awarded the court and its officials the Sakharov Prize for Freedom of Thought. Khan viewed this support as a critical message for the staff. She argued that the intense attention on the court reflects its relevance, providing a justice avenue for victims who have nowhere else to turn and wish to cut through political barriers to be heard.