May 30, 2024
Ms. Yoko Kamikawa
2-2-1 Kasumigaseki, Chiyoda-ku
Tokyo 100-8919, Japan
Joint letter to the Japanese government to take actions to protect the independence of ICC
Dear Foreign Minister Yoko Kamikawa,
On May 20, the International Criminal Court (ICC) prosecutor, Karim Khan, applied to thecourt’s judges for arrest warrants against three Hamas leaders (YahyaSinwar, Mohammed Diab Ibrahim Al-Masri – more commonly known as Deif – and Ismail
Haniyeh) and two senior Israeli officials (Benjamin Netanyahu and Yoav Gallant) for allegedcrimes committed since October 7, 2023, in relation to his ongoing Palestine investigation.
We, the undersigned Japanese NGOs, urge Japan, as an ICC member committed to a rulesbased international order, to protect the court’s independence and publicly condemn efforts
to intimidate or interfere with the court’s work, its officials, and those cooperating with theinstitution.
On April 24, 12 US senators wrote to Khan, threatening to end all US support to the ICC,
sanction the institution and its officials, and bar the prosecutor and court staff from entering
the United States if steps were taken to pursue warrants against Israeli officials. US congress
members have also introduced legislation aimed at imposing sanctions on ICC officials. The
speaker of the House of Representatives has called on the Biden administration to“immediately and unequivocally demand that the ICC stand down and the US should use
every available tool to prevent such an abomination.”
Meanwhile, there have been reports that the Israeli government was seeking support fromICC member countries and other governments in opposing the Office of the Prosecutor’songoing Palestine investigation. Israeli Prime Minister Benjamin Netanyahu has also publicly
denounced the ICC and called on governments to thwart the court’s efforts to scrutinize
Israeli actions. In response to these attacks, the Prosecutor’s Office issued a statement onMay 3 noting the court’s jurisdiction over offenses against the administration of justice and“insist[ing] that all attempts to impede, intimidate, or improperly influence its officials cease
immediately.”
The presidency of the ICC's governing body, the Assembly of States Parties (ASP), has calledfor respect for the court’s independence in the wake of these latest threats. This is not thefirst time the ICC has faced politicized opposition. As you know, the former USadministration abused its sanctions regime against the prosecutor’s predecessor in a bid toundermine or deter investigations that could implicate US or Israeli nationals. At the time, 67
member countries, the ASP President, and nongovernmental organizations spoke out for thecourt. When the current US administration lifted the sanctions in 2021, Japan welcomed themove. Similarly, following its issuance of an arrest warrant for Russian president Vladmir

Putin as part of the prosecutor’s ongoing Ukraine investigation, in 2023, Russia issued arrest
warrants against the Khan and six of the court’s judges, including current ICC President
Tomoko Akane. Russian lawmakers have also enacted a law criminalizing cooperation withthe ICC. Member countries, including Japan, and the ASP presidency publicly condemned
these attacks against the court.
The ICC plays an essential role as a court of last resort to deliver justice to victims of theworld’s worst crimes. ICC members like Japan have a responsibility to protect the court’s
impartiality and independence across all situations on its docket.
We took note of the statement delivered by Japan and Switzerland on May 14, on behalf of
ICC members on the UN Security Council, reiterating their commitment to uphold and defend
the values of the Rome Statute, “undeterred by threats and measures against the Court, its
officials, and those cooperating with it.”
We urge Japan to make clear that the court’s judges have full support in undertaking their
independent examination of the prosecutor’s applications for arrest warrants in thePalestine situation. We also look for your public support for arrest warrants the court may
issue, commit to working to ensure the execution of such warrants, and press Palestinianand Israeli authorities to cooperate with the court.
Regrettably, many ICC members were initially silent on the importance of pursuingaccountability and justice before the court for both Israeli and Palestinian victims, who have
faced a wall of impunity for decades. This has led to perceptions of double standards,
putting the ICC’s legitimacy at risk. It is crucial that the ICC can investigate and prosecute
grave international crimes across all situations under its jurisdiction.
Whether the ICC can meaningfully and effectively deliver on its mandate will largely dependon the will of the international community and ICC member countries like Japan to support
impartial and independent justice no matter where the abuses are committed and by whom.
We urge you to make clear that your government stands with those who seek justice forgrave human rights crimes, not those who threaten and harass the prosecutors and judges
who aim to bring those committed serious human rights abuses to justice.

Sincerely,[2 Coordinating organizations]
Human Rights Watch
Human Rights Now[32 organizations, Japanese Alphabetical order]
Women's Active Museum on War and Peace(WAM)
PEACE CELL PROJECT

Iraq War Inquiry Network
YWCA of Osaka
OpenmindKansai Gaza Emergency Action
Kyoto Asia Africa Latin America solidarity comity
Kyoto YWCA
Japan Overseas Christian Medical Cooperative Service
Shiyzuoka YWCA
Japan Campaign to Ban Landmines
ayus:Network of Buddhists Volunteers on International Cooperation
Africa Japan Forum
Specified Non-Profit Organization Earth Tree
Japan Internatinoal Volunteer Center
PARC INTERPEOPLES' COOPERATION
Alternative People's Linkage in Japan
Piece of Syria
Nagoya YWCA
YWCA of Japan
Itabashi Peace Museum Campaign
Human Rights Watch
Human Rights Now
Asian Women for Equality
Network Against Japan Arms Trade
Wind of Citizens toward Uniting for Peace
Green Osaka
the Citizens’ Network Opposing the Use of DU Weapons
BDS Tokyo
Kumamoto YWCA
Action For Stop Militarization
Space Allies