The ICC issued arrest warrants in November for Israeli Prime Minister Benjamin Netanyahu and former defence minister Yoav Gallant for alleged war crimes and crimes against humanity in Gaza.

Go here to read our analysis of the decision and the likely next steps, and here for our ICC explainer. 

The experts – Margaret Satterthwaite, Special Rapporteur on the independence of judges and lawyers; Francesca Albanese, Special Rapporteur on the situation of human rights in the Occupied Palestinian Territory, and George Katrougalos, Independent Expert on the promotion of a democratic and equitable international order – outlined their concerns in a statement.

A ‘shocking’ move

They are dismayed by the passage of an Act in the US House of Representatives on Thursday which sanctions the ICC for its decision. The Court also issued an arrest warrant for a former Hamas commander alongside the others.

“It is shocking to see a country that considers itself a champion of the rule of law trying to stymie the actions of an independent and impartial tribunal set up by the international community, to thwart accountability,” the experts said.

“Threats against the ICC promote a culture of impunity. They make a mockery of the decades-long quest to place law above force and atrocity,” they warned.

The experts have written to the US authorities about their concerns.

​ICC promotes accountability 

The ICC was established under a 1998 treaty known as the Rome Statute. The US is not a party to the statute, along with dozens of other nations, but 125 countries are members of the Court.

It has the mandate to investigate and prosecute individuals for the grave international crimes of genocide, war crimes, and crimes against humanity. It is based in the Hague, in the Netherlands.

The experts recalled that the ICC is the legacy of the Nuremberg trials which brought Nazi leaders to account ​and the commitment ​to never allow ​heinous ​crimes, such as those committed during the Second World War, to go ​​unpunished. 

“The tireless work of brave legal professionals at the ICC is the main driver for accountability. The work of its prosecutors becomes the foundation upon which our efforts to uphold the integrity of the system of international law is resting,” they said.

Respect for legal professionals

They called upon all State Parties to the ICC, and all UN Member States in General, to observe and respect international standards as it relates to legal professionals working towards accountability for the most grave international crimes.

“International standards provide that lawyers and justice personnel should be able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference; and should 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,” they explained.

‘A blind spot for justice’

They said the bill, titled the ‘Illegitimate Court Counteraction Act’, would take effect 60 days after enactment.

It would sanction any individual working to investigate, arrest, detain or prosecute American citizens or an official from an allied US country, including Israel. Any US funds designated for the ICC would also be rescinded, and any future money for the Court would be prohibited. 

The experts said imposing sanctions on justice personnel for fulfilling their professional responsibilities is “a blatant violation of human rights” that strikes at the core of judicial independence and the rule of law.

“The passage of a bill that creates a blind spot for justice regarding certain countries not only legalises double standards and impunity but irreparably undermines the spirit of universality that the international justice system is built upon,” they said. 

“Such actions erode public trust in the impartiality and integrity of justice and set a dangerous precedent, politicising judicial functions and weakening the global commitment to accountability and fairness,” they added. 

Uphold judicial independence

They warned that if carried out, the sanctions would appear to amount to offences against the administration of justice under Article 70 of the Rome Statute, which punishes efforts to impede or intimidate an official of the Court or to retaliate against them on account of their official duties.  

“We urge US lawmakers to uphold the rule of law and the independence of judges and lawyers, and we call on States to respect the Court’s independence as a judicial institution and protect the independence and impartiality of those who work within the Court,” they said.

About UN experts

Special Rapporteurs and Independent Experts receive their mandates from the UN Human Rights Council, which is based in Geneva.

They work on a voluntary basis, are not UN staff and do not receive a salary for their work.

The experts are independent of any government or organisation and serve in their individual capacity. 

Republicans were projected to gain another seat in the U.S. Senate, potentially giving Donald Trump’s party a solid majority in both chambers of Congress as early as January next year. This new political landscape could significantly empower Trump’s legislative agenda and judicial nominations, reshaping the U.S. policy landscape for the coming years.

Media outlets projected that Republican candidate Dave McCormick defeated incumbent Democratic Senator Bob Casey in Pennsylvania, marking a crucial victory. McCormick’s win brings Republicans’ total to 53 seats in the 100-seat Senate, with a possibility of securing 55 seats if ongoing races in Arizona and Nevada go their way. This shift would grant the Republicans a firm majority, positioning them to exert substantial control over legislative processes, nominations, and the broader policy agenda.

Simultaneously, Republicans are edging closer to maintaining their narrow majority in the House of Representatives. With an additional seat gained, the party is projected to hold at least 211 seats in the 435-seat chamber, falling just seven seats short of a majority. While 25 House races remain uncalled, Republicans need only nine more seats to secure control, a feat well within reach.

The Pennsylvania Senate race was among the most watched contests this election season, with the outcome serving as a bellwether for Republican momentum. Republican Dave McCormick’s victory over Democratic incumbent Bob Casey not only strengthens Trump’s influence but also adds to the Republican Party’s strategy of securing a solid majority in the Senate. With 53 seats now held by Republicans, Trump’s party is well-positioned to advance its agenda. If Republicans win remaining uncalled races in Arizona and Nevada, the Senate margin would increase to 55 seats, offering a level of influence unseen in recent years.

A 53- or 55-seat majority would allow Republicans to oversee key Senate committees and control legislative discussions, giving them leverage over judicial and executive appointments. However, a 60-vote supermajority is still required for most legislation under Senate rules, meaning Republicans will need Democratic support on several high-profile bills. Nonetheless, Republican control of the Senate would streamline Trump’s ability to confirm his preferred nominees for federal judgeships, the U.S. Supreme Court, and executive positions. This influence could pave the way for reshaping the judiciary, impacting U.S. law for decades.

In Arizona, Democratic candidate Ruben Gallego currently leads Republican Kari Lake by 1.7 percentage points, with 74% of the estimated votes counted. Arizona, a traditionally conservative state that has shifted more purple in recent years, remains a battleground state for both parties. A win here would mark a significant gain for Democrats seeking to maintain their foothold in the Senate.

In Nevada, incumbent Democrat Jacky Rosen is fighting to hold her seat against Republican Sam Brown. With 94% of the votes counted, Rosen maintains a slim lead of just under 1 percentage point. The Nevada contest is pivotal; if Brown can narrow the gap and secure a win, Republicans would further solidify their Senate advantage.

While the GOP’s Senate prospects gain momentum, Republicans are also nearing a majority in the House. Having added one seat to their 220-212 margin, they now hold 211 seats and need nine more to secure the 218-seat majority required. Democrats, on the other hand, must win 19 of the remaining 25 uncalled races to achieve a House majority.

The final House outcome remains uncertain due to several races in California, a state known for its lengthy ballot-counting process. With 11 uncalled races in the state, results may take days to finalize. California’s system of counting mail-in ballots, coupled with a high volume of registered voters, means that delays are common, creating suspense as both parties await the final counts.

A Republican-controlled House would complement the Senate majority, giving Trump a Congress fully capable of advancing his key policy goals. Trump’s campaign promises—including tax cuts, stricter immigration policies, and regulatory rollbacks—could become legislative priorities. House Republicans are also expected to back Trump’s judicial appointments, streamlining confirmation processes and promoting a conservative vision for the judiciary.

Moreover, with the House majority, Republicans could renew their focus on investigations targeting the Biden administration, building on Republican claims of alleged financial and policy-related misconduct. This would likely create a highly charged political environment, with Republicans using their committee power to conduct oversight and press their policy agenda.

With 11 House races still uncalled in California, a state with historically drawn-out ballot-counting procedures, the results in this state could determine the House balance of power. California’s robust voter turnout and mail-in voting systems mean delays are expected, and political analysts caution that counting could extend into next week. Republicans are eyeing several seats in California’s historically conservative districts, hoping to expand their margin in the House, while Democrats aim to flip these races and maintain a foothold in Congress.

If the House and Senate fall firmly under Republican control, Trump would gain unprecedented legislative support to push his policy initiatives. A Republican-controlled Congress would bolster his ability to fulfil campaign promises.

• Tax Reforms: Trump has long advocated for additional tax cuts aimed at corporations and individuals. With Republican control, these cuts are likely to receive strong legislative support, with proposals potentially emphasizing reduced capital gains and corporate tax rates.
• Immigration Policies: A core pillar of Trump’s campaign, immigration reform, could see renewed efforts to restrict asylum policies, strengthen border security, and curtail pathways to citizenship. Republicans would likely pursue stricter border policies, including funding for increased border wall construction and enhanced immigration enforcement.
• Judicial Appointments: With a Senate majority, Trump’s influence on the federal judiciary could deepen. Republicans would have a streamlined pathway to confirm conservative judges to the federal bench, shaping the ideological direction of the courts, including potential Supreme Court vacancies. Judicial appointments could solidify conservative interpretations on issues ranging from voting rights to environmental regulation.

Despite a strong majority, Republicans will likely encounter challenges when advancing specific policy measures. While they hold significant sway over judicial and executive appointments, passing most legislation requires 60 Senate votes due to the filibuster rule. This barrier could complicate efforts to push through high-stakes initiatives without Democratic support. Republicans would either need to negotiate with Democrats on pivotal legislation or rely on budget reconciliation processes, which allow certain budget-related bills to pass with a simple majority.

As Trump solidifies his influence in Congress, political analysts suggest that this new alignment could shape U.S. policies long after the current administration. Trump’s potential for a 2028 run may further energize Republican efforts to enact his policy priorities quickly, setting a conservative framework that could last for years. The upcoming presidential election may also see a strengthened Trump campaign capitalizing on congressional support and conservative policy wins, energizing his voter base.

The Democrats, now potentially in a minority position, may focus on grassroots efforts to build momentum and counter Republican-led policies, particularly on issues such as healthcare, environmental protections, and reproductive rights. With a more conservative judiciary, progressive policies could face greater challenges in federal courts.