US actions against lawyers undermine the rule of law

News:

The US sanctions against the International Criminal Court (ICC) personnel violate international human rights, warn the Law Society of England and Wales in a joint statement* with 17 other legal professional and lawyers’ rights organisations such as the European Bars Federation, German Federal Bar, Law Council of Australia and Paris Bar**.

The joint statement published on 18 March 2025 follows an executive order*** by the US administration stating that ICC officials could have their property and assets blocked and ICC employees and their immediate families could have their entrance into the US suspended****.

The American Bar Association (ABA) recently issued a statement that details actions that target US lawyers even within the US*****. There are accounts of personal attacks, intimidation, firings and demotions in the justice system. Even the ABA itself has come under attack undermining the independence of the legal profession.

Law Society of England and Wales president Richard Atkinson said: “The Law Society and a group of legal professional bodies and lawyers’ rights organisations agreed that the US sanctions against the International Criminal Court represent a flagrant disregard for the fundamental principle of the rule of law, the bedrock of freedom and justice worldwide.

“The sanctions against ICC legal professionals not only violate their rights but also threaten to undermine access to justice for victims of crimes under international law. 

“We also stand by our US colleagues and the American Bar Association that raised the alarm about lawyers and law firms being targeted inside the US. We have a deep and enduring bond rooted in common legal heritage with the United States that makes us a cornerstone of international commerce and dispute resolution.”

Notes to editors

*The full statement on the recent targeting of legal professionals by the US government is available upon request.

** The signatories of the statement consist of the Law Society of England and Wales, Law Society of Northern Ireland, The Bar Council of Northern Ireland, Faculty of Advocates, Bundesrechtsanwaltskammer/The German Federal Bar, Deutscher Anwaltverein/German Bar Association, Law Council of Australia, Ordre des Avocats de Paris/Paris Bar, Unione delle Camere Penali Italiane/Union of the Italian Criminal Chambers (UCPI), LAWASIA, Commonwealth Lawyers Association (CLA), European Criminal Bar Association (ECBA), Fédération des Barreaux d’ Europe (FBE), Institute for the Rule of Law of the Union Internationale des Avocats (UIA-IROL), International Bar Association’s Human Rights Institute (IBAHRI), International Observatory for Lawyers in Danger (OIAD), Lawyers for Lawyers and Lawyers’ Rights Watch Canada.

***The US government has stated that it would “impose tangible and significant consequences” on ICC officials, which could include the blocking of property and assets, as well as the suspension of entry into the United States of ICC officials, employees, and agents, as well as their immediate family members. These sanctions violate recognised principles of international law prohibiting interference with the legal duties of lawyers. In accordance with Principle 16 of the UN Basic Principles on the Role of Lawyers, they must be able to perform all their professional functions without intimidation, hindrance, harassment or improper interference; and shall not suffer, or be threatened with, prosecution or administrative, economic or other sanctions for any action taken in accordance with recognised professional duties, standards and ethics.    

****Furthermore:

The UN Special Rapporteur on the Independence of Judges and Lawyers, as well as other UN experts, issued a statement on 10 February 2025 noting that “the US sanctions against the ICC would appear to amount to offenses against the administration of justice under Article 70 of the Rome Statute. Article 70 punishes efforts to impede or intimidate an official of the Court or to retaliate against an official of the Court on account of duties performed by that official.” 

The IBA issued a press release denouncing the sanctions, and the Bar Council of England and Wales subsequently issued a statement in support of the IBA position. The IBA called on all states to oppose the sanctions noting that they “could severely impact the ICC’s operations, undermining its justice mandate across all situations where it is investigating and prosecuting.” 

The CLA issued a statement condemning the ICC sanctions which “directly interferes with the ICC’s independence and shows the inclination to punish an institution that aims to ensure the individuals most responsible for committing atrocities cannot escape justice.” 

79 States parties to the Rome Statute, including the UK, have issued a cross-regional statement reaffirming their support for the ICC and its vital work.  

*****The American Bar Association’s statement.