ICC Deputy Khan Reports Staff Banking Failures Ahead of Sanctions Deadline

Nazhat Shameem Khan, the Fijian deputy prosecutor, reported that International Criminal Court staff are already experiencing financial disruptions. These difficulties are occurring months before the official enforcement date for new US sanctions. Khan stated that banks are acting with excessive caution to minimize risk while the scope of the measures remains uncertain. She described the banking issues as a practical strain on daily operations.

US Secretary of State Marco Rubio announced the sanctions on October 9. He labeled the court a "rogue court" and declared that either the ICC would end its threats, or the US would end the ICC. Rubio provided a six-month grace period for the court to negotiate a solution. It remains unclear what specific actions would satisfy Washington. Khan noted that the court is currently in the middle of this negotiation window.

Khan explained that the banking friction stems from institutions trying to protect themselves. She said, "These are sanctions imposed on the institutions and, in principle, our individual members should not be impacted directly." However, she acknowledged that staff members are reporting specific difficulties with their accounts. The court is working to insulate itself from the hostile administration by switching software from Microsoft to European alternatives. It is also negotiating with service providers regarding banking and health insurance.

Despite these operational challenges, Khan insisted that investigations continue without reduction in output. She said the court has not made any decisions to reduce its capability based on the sanctions. The Gaza war investigation has made progress since war crimes arrest warrants were issued in November 2024 for Israeli Prime Minister Benjamin Netanyahu and former defense minister Yoav Galant. Khan noted that no new charges have been announced since late 2024 because the court ruled that all charges must stay secret until judges approve their release.

Khan, who co-runs the prosecutor's office pending a new chief appointment, emphasized that silence does not mean inactivity. She stated, "Even if we reach a stage of the investigations where it might be imminent, we may not discuss it publicly." She added that while there might be an appearance that nothing is happening, there is significant progress in the Gaza situation and others. The court is continuing all investigations across all situations.

Khan has personal experience with US measures, having been targeted in February 2025 along with 12 other staff members. She described life without a credit card as inconvenient, noting the impact on travel. She added that her inconvenience is put into perspective by visits to refugee camps and sites of mass atrocities. She said, "We see the faces of our victims for whom sanctions and credit cards are completely irrelevant. They just want justice."

The court faces other disruptions, including formal investigations into sexual harassment allegations against former chief prosecutor Karim Khan. The British jurist was removed in July after a vote by member states. Rubio claimed this month that globalist experts wanted the ICC to prosecute US citizens. Khan clarified that the court has not brought any Americans before it. She noted that the priority in the Afghanistan case is offenses committed by the Taliban and Islamic State Khorasan against women, girls, and other vulnerable groups.

This month, the court's pretrial chamber unsealed four arrest warrants against Taliban members on charges of gender persecution. The ICC registrar is currently negotiating with the EU to block the sanctions or protect the court in other ways. On Thursday, the European parliament awarded the court its Sakharov prize for freedom of thought. Khan called this backing a very important message for staff. She said the attention reflects the court's relevance as an avenue of justice for victims who want their voices heard.