Dear Foreign Minister Wong,
I am writing on behalf of Human Rights Watch to urge Australia to take a firm stance in support of the International Criminal Court (ICC) amid extreme pressure from the United States.
Human Rights Watch is an independent, nongovernmental organization that reports on and advocates for human rights in some 100 countries around the world.
As you know, on October 9, 2026, the United States government imposed institutional sanctions on the ICC. This is an unprecedented assault on global justice and the rule of law. It is the next step in the Trump administration’s escalatory campaign to dismantle the ICC and shield US and Israeli officials from facing charges before the court. By attacking the court, the US government is threatening justice for victims of grave crimes around the world – the very reason for the court’s creation.
The ICC exists precisely to ensure no one is above the law, and all ICC member countries have a responsibility to protect this critical court of last resort. Australia, as an ICC member committed to a rules-based international order and a leading power in the Asia Pacific region, has an essential role to play.
The swift initial responses from ICC member countries, including Australia, to this unprecedented attack on the court sent a positive message. The indispensable political support for the court should now be strengthened, broadened, and sustained in the following ways:
Use every opportunity to strongly condemn the US sanctions on the ICC, reiterate unwavering support for the court and its critical global mandate, and call for the revocation of the US executive order authorizing sanctions against the court, its officials, and those cooperating with it. Upcoming opportunities include the United Nations General Assembly debate on the ICC’s annual report on November 2 and at the upcoming session of the Assembly of States Parties in The Hague.
Australia and others have highlighted their commitment to engaging in “constructive and inclusive dialogue with non-States Parties,” including the US. It is critical for this engagement to remain principled. This dialogue should focus on expressing support for the court and registering opposition to the sanctions targeting it; it should not result in attempts to achieve “compromises” with the Trump administration that could, even indirectly, put pressure on the court’s judicial and prosecutorial independence—let alone steps that would actually undermine core Rome Statute principles—including around issues of immunities and complementarity.
- Take every available measure to counter the effects of the US sanctions on the court and those cooperating with it. For Australia, this should include the ratification of the Agreement on Privileges and Immunities of the ICC and considering adoption of national blocking legislation.
- Take steps to counter the US government’s efforts to pressure countries to withdraw from the Rome Statute. Naoero’s decision to leave the ICC is a concerning development for ICC members in the Asia Pacific region. Australia and other countries should urge Naoero to reconsider its decision and remain on the side of justice and support for international law. Australia should also proactively engage with other ICC member countries in the Asia Pacific to develop strategies to counter US pressure and ensure the member country community remains unified.
Justice for the most serious crimes around the world depends on the resolve of ICC member countries to stand behind the court they created. We hope that Australia will meet the moment.
Please contact me if you would like further information on this important matter.
Sincerely,
Daniela Gavshon
Australia Director
Human Rights Watch
