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Gaza: Experts warn of threats to the Criminal Court and mistreatment of pro-Palestinian students in the United States

Demonstration outside the campus of Columbia University in New York.

The recent statements of American and Israeli officials who threatened retaliation against International Criminal Court (ICC), its officials and their families are alarming and contravene the rule of law by promoting impunity, said this Friday more than 30 experts and UN Working Groups on human rights*.

On May 4, the ICC Prosecutor’s Office denounced these statements and reminded all people that This procedure could constitute a crime against the administration of justice under Article 70 of the Rome Statute, the founding document of the Court.

In recent weeks, U.S. and Israeli authorities have made incendiary remarks about the ICC, characterizing the Prosecutor’s potential actions as “anarchic” and “shameful,” and categorizing any potential court order as “an unseemly assault” and “a abomination”.

Such comments have persisted for more than a week amid reports that the US Congressional leaders are preparing possible retaliatory actions, including sanctions on people working for the Court and efforts to defund it, should arrest warrants be issued against Israeli officials.

Furthermore, the Israeli Finance Minister announced that would withhold funds from the Palestinian Authority.

The world should unite to end the bloodshed in Gaza

In a joint statement, the special rapporteurs described it as scandalous that countries considered defenders of the rule of law try to intimidate an independent international court and impartial to prevent accountability.

“At a time when the world should unite to end the terrible bloodshed in Gaza and seek justice for those who have been killed, injured, traumatized or illegally taken hostage since October 7, it is worrying to see state officials threaten retaliation against a court seeking justice international,” they emphasized.

Experts warned that these threats violate human rights standards against attacks on justice personnel “and exceed the accepted limits of freedom of expression.”

In this sense, they urged all States to respect the independence of the Court as a judicial institution and to protect the independence and impartiality of those who work in it.

Responsible for promoting the rule of law

Likewise, they emphasized the role of politicians and public officials in shaping the media agenda, debate and public opinion, which is why they are responsible for promoting the rule of lawthe protection of human rights and ensuring public confidence in democratic systems of governance.

The ICC has the mandate to investigate and prosecute people for the international crimes of genocide, war crimes and crimes against humanity. The Court’s judges authorized the Prosecutor to investigate crimes committed in the territory of the State of Palestine since 2014 by any individual – Palestinian, Israeli or other nationality – and any crimes committed by Palestinian nationals, including crimes that took place within Israel. .

The experts stressed that the majority of the world’s countries support the Court and maintained that the That court’s work is more crucial than ever. “Preventing the work of the Court and its Prosecutor will be detrimental, not only to accountability in the occupied Palestinian territory but to international justice as a whole.”

Demonstration outside the campus of Columbia University in New York.

Attacks on student protests

On the other hand, the special rapporteur on the right to education indicated that the Recent increase in attacks on students protesting the war in Gaza in American universities shows an erosion of intellectual freedom and democratic principles within educational environments.

“I am deeply concerned about the violent repression against peaceful protestersarrests, detentions, police violence, surveillance and disciplinary measures and sanctions against members of the educational community who exercise their right to peaceful assembly and freedom of expression,” said Farida Shaheed at the end of an official visit to the United States .

Shaheed accused the way Protesters are treated based on their political point of viewspecifically to pro-Palestinian students.

The rapporteur’s visit came as American students set up camps on campus to show solidarity with Palestinians, call for a ceasefire and, in many cases, demand that the university divest itself of any assets linked to Israel.

Erosion of intellectual freedom

“These attacks signal a worrying erosion of intellectual freedom and democratic principles within educational environments,” he said.

Shaheed urged the US government to reaffirm its fundamental commitment to freedom of expression, ensuring that all students have unrestricted access to diverse ideas and perspectives.

Along these lines, the expert referred with great concern to 307 educational policies and gag bills introduced in the United States starting January 2021.

“These policies, manifested through book bans and curriculum restrictions, have instilled a widespread paralyzing effect that stifles the free exchange of ideas and silences marginalized voices,” he asserted.

*The Special Rapporteurs are part of what is known as the Special Procedures of the Human Rights Council. The Special Procedures, the largest body of independent experts in the United Nations human rights system, is the general name for the Council’s independent investigative and monitoring mechanisms that address specific national situations or thematic issues in all parts of the world. . Special Procedures experts work on a voluntary basis; They are not UN staff and do not receive a salary for their work. They are independent of any government or organization and provide services in their individual capacity.

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