Japan Walks Away from ICC Protectors

The President of the United States, Donald Trump, unintendedly tested autonomy of Japanese foreign policy. Recognizing unilaterality of Trump’s executive order of sanctioning International Criminal Court (ICC), Shigeru Ishiba administration chose the way not to join an international statement accusing Trump’s decision. Ishiba received a question in the Diet why Japan did not participate in the international effort.

The executive order issued on February 6th denounced the ICC as engaged in “illegitimate and baseless actions” targeting America and Israel, raising ICC’s issuance in last November of arrest warrants for Israeli Prime Minister, Benjamin Netanyahu, and its former Minister of Defense, Yoav Gallant, for their crimes against humanity.

 

“The ICC has no jurisdiction over the United States or Israel, as neither country is party to the Rome Statute or a member of the ICC,” says the order. Although the order demands to freeze property of ICC officials, it is unclear who would be applied to that.

 

The President Judge of ICC, Tomoko Akane, the first Japanese leader of the organization, immediately issued a statementto criticize the decision of President Trump, arguing that the executive order would harm the court’s independence and impartiality. “The announced executive order is only the latest in a series of unprecedented and escalatory attacks aiming to undermine the court’s ability to administer justice in all situations,” said Akane in her statement.

 

Seventy-seven states that had signed Rome Statute delivered a joint statement in support of the ICC. The statement accuses that Trump’s order would “increase the risk of impunity for the most serious crimes and threaten to erode the international rule of law, which is crucial for promoting global order and security.” It underscores the ICC’s role in ending impunity, promoting the rule of law, and fostering lasting respect for international law and human rights.

 

Japan was not listed in those seventy-seven states. In the discussion of House of Councillors, a lawmaker with Constitutional Democratic Party, Tetsuro Fukuyama, asked Ishiba why Japan did not sign the statement and whether Ishiba had told Trump the importance of the ICC. Ishiba only answered that he would closely watch the developments, not referring to the conversation with Trump on this issue.

 

Ishiba insisted on Japan’s position as a promoter of rule of law. The ICC is one of the international entities which realizes that fundamental principle of democracy. Japan is the biggest donor among 125 member countries of the ICC.

 

Nevertheless, Japan cannot lead the discussion to protect independence of the court, being afraid of ill temper of Trump, which may cause additional tariffs on Japanese goods or request of further payment for U.S. security assistance. Japan also walks away from Treaty on the Prohibition of Nuclear Weapons.

 

“Our country supports the ICC which is the first ever permanent international criminal court, led by former public prosecutor in the Supreme Prosecutors Office of Japan Tomoko Akane, which is aimed at eliminating or preventing serious crime and for assurance of rule of law,” said Ishiba in the Diet. That is what he could tell at best.

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