By Biran Gaye
The Senegalese government has expressed shock and dismay following the announcement of U.S. sanctions against four Magistrates of the International Criminal Court (ICC), including the Senegalese judge, Mame Mandiaye Niang.
The sanctions, reportedly imposed on the ICC Judges Kimberly Prost (Canada), Judge Nicolas Guillou (France), Deputy Prosecutor Nazhat Shameem Khan (Fiji) and Deputy Prosecutor Mame Mandiaye Niang (Senegal) in connection with their official ICC duties, have sparked strong condemnation from Dakar and Madrid.
In a statement posted on X formerly Twitter on Thursday, August 21, Senegal’s Ministry of African Integration and Foreign Affairs declared it had learned “with astonishment” of the American decision, describing the sanctions as a serious breach of the principle of judicial independence and an infringement on the rights of ICC Magistrates to perform their duties “freely and serenely,” as mandated by the 125 member States of the ICC Statute.
“Senegal urges the American authorities to withdraw these sanctions, which constitute a serious violation of the principle of judicial independence and the right of the Court’s Magistrates to carry out their mandate freely and serenely,” the statement read. The government also reaffirmed its “unwavering support” for the ICC and extended “full solidarity” to Judge Niang and the other targeted Magistrates.
Senegal, notably the first nation to ratify the Rome Statute establishing the ICC, emphasized its longstanding commitment to international criminal justice. The government called on fellow States Parties to “reaffirm their solidarity with the Court and to redouble their efforts to ensure that the Magistrates and all Court personnel can fulfill their mission with complete independence, free from threats or restrictions.”
“As stated before by the ICC President and Judiciary, as well as the Presidency of the Assembly of States Parties to the Rome Statute, the Court stands firmly behind its personnel and victims of unimaginable atrocities,” the international court says in a statement on its X page. “The ICC will continue fulfilling its mandate, undeterred, in strict accordance with its legal framework as adopted by the States Parties and without regard to any restriction, pressure or threat.”
The imposition of sanctions against ICC officials has drawn criticism from legal experts, human rights advocates, and international organizations, who warn that such measures could undermine the Court’s ability to function effectively and impartially.
The US’ decision highlights the ongoing debate over the independence of international justice mechanisms and the responsibilities of member states to uphold the rule of law on a global scale.
On 2 September 2020, former ICC Chief Prosecutor Fatou Bensouda was named a “specially designated national” by the United States government under the Trump administration, forbidding all U.S. persons and companies from doing business with her. The Biden administration lifted the sanctions on 2 April 2021, maintaing that Washington would continue opposing ICC’s actions relating to Afghanistan and the Palestinian conflict.
