ICC interim chief prosecutor hopes Netanyahu, Putin will end up on dock: ‘Nothing’s impossible’

THE HAGUE, Netherlands — Attacks by the administration of US President Donald Trump on the International Criminal Court stem from Washington’s misunderstanding of the court’s activities, its interim chief prosecutor has told AFP.

In an exclusive interview, his first since taking over as the court’s top prosecutor, Mame Mandiaye Niang also said the ICC was already preparing technical alternatives in the event of future US sanctions against the institution.

Washington has imposed a series of sanctions on ICC officials, furious at the court’s issuing of arrest warrants for Prime Minister Benjamin Netanyahu and former defense minister Yoav Gallant.

Niang is preparing to prosecute the court’s biggest case, with former Philippines president Rodrigo Duterte standing trial for alleged crimes committed during his so-called “war on drugs.”

Seeing formerly all-powerful leaders account for their alleged crimes is a “very strong” message for anyone in power tempted to commit atrocities, said Niang.

“In one way or another, everyone is accountable. We all agree that no one should be able to escape justice. That is what we symbolize here,” he said.

Until recently, it was “unthinkable” Duterte would appear before the ICC, and Niang holds out hope that arrest warrants against Netanyahu and Russian President Vladimir Putin could one day lead to an appearance in the dock.

“Nothing’s impossible,” he said when asked whether he believed Putin and Netanyahu would answer ICC allegations against them.

“We live in a world where things that seem impossible one day can turn out to be completely obvious the next,” said the 65-year-old.

US Secretary of State Marco Rubio has vowed to dismantle the ICC, which tries individuals for the world’s worst crimes, “brick by brick,” describing the court as an “intolerable threat to US sovereignty.”

But Niang retorted: “When you hear all this communication from Rubio, there are elements that seem to stem from a misunderstanding.”

“We have no interest in, nor is it our role to, infringe upon state sovereignty. We know we aren’t the world’s police. We are perfectly aware of that,” said the Senegalese prosecutor.

The United States is not an ICC member and has never ratified the Rome Statute that established the court. Israel, Russia and China are also not members.

While there is no direct dialogue with Washington, Niang noted that several ICC member states with close ties to the United States continued to engage with US officials.

However, he lashed out at US accusations that the ICC was a corrupt institution. “That is a judgement we simply do not accept,” he told AFP.

Niang is among several top ICC officials under US sanctions, which he said made it virtually impossible to access payment systems or perform simple tasks like booking flights or hotels.

Friends and colleagues have rallied round, offering to put things on their credit cards “to make my life a bit less unpleasant,” he revealed.

“Perhaps what concerns us most is the threat of additional sanctions — not just against individuals but against the institution itself — and the potential negative impact on our ability to keep working, particularly regarding our technological resources,” he said.

“Since facing this threat, the court has been trying to find alternatives… to maintain our independence and continue our work, even if these sanctions hit us,” added Niang.

Niang is taking over the ICC’s Office of the Prosecutor during its biggest ever crisis, after his predecessor Karim Khan was dismissed over sexual abuse allegations he denies.

“This difficult period is now behind us. We have to get back to work,” said Niang, who paid tribute to prosecution staff who “never lost sight of the victims during this painful scandal.”

Lessons have been learned internally, he said, but delivered a message of continuity under his watch until ICC member states elect a new permanent prosecutor — a process likely to take several months.

“It’s not the time for a big revolution” after such a scandal, he said. “There are wounds to heal and we are working on it.”

With US sanctions, countries leaving the court, and the Khan scandal, many observers believe the ICC is fighting for its life, but Niang was more phlegmatic.

“The life of an institution is like the life of a human being. It’s rarely smooth sailing,” he said.

“There are upheavals, there are difficulties, sometimes little storms… It’s tough, but I have always been convinced we can bounce back,” said Niang.

The world was searching for many decades for a system of international justice before the ICC was eventually created, noted the prosecutor.

“Now we have it, it’s extremely important to keep it.”

He said he was optimistic about the state of international justice despite the attacks on the ICC.

“The ideal we embody, the ideal of justice, is one that no person in the world can abandon. Therefore, I too cannot abandon it.”