South Africa has expressed concern over sweeping American sanctions against the International Criminal Court (ICC), as US President Donald Trump and Israel attack South African jurist Navi Pillay after she was awarded the 2026 Nobel Peace Prize.
Deputy Justice Minister Andries Nel said on Monday that South Africa remained committed to the court and warned against political pressure on judges and prosecutors.
"The award comes at a time when the institutions of international justice are under pressure," Nel told the Social Justice Summit at Stellenbosch University.
"South Africa is very concerned by the sanctions imposed by the United States on the International Criminal Court and its officials."
Nel said South Africa, as a founding member of the ICC, reaffirmed its support for the institution.
"It is entirely legitimate to criticise a court or disagree with its decisions. That is different from applying pressure to judges or prosecutors because of the work they perform."
His remarks followed Washington's decision on Friday to sanction the ICC as an institution, hours after the Norwegian Nobel Committee announced that Pillay had won the Peace Prize for her contribution to international law and human rights.
Trump subsequently questioned Pillay's international standing and insisted that he deserved the award for his claimed role in ending eight wars.
The American president dismissed Pillay as someone nobody had heard of, despite her decades of work in international courts and at the United Nations (UN).
Israel's Foreign Ministry also attacked the Nobel decision, accusing Pillay of promoting false allegations against Israel and invoking Nazi propagandist Joseph Goebbels in its criticism.
Israeli Prime Minister Benjamin Netanyahu separately criticised Pillay, whose work investigating Israel's conduct in Gaza has repeatedly drawn objections from his government.
Pillay chaired the UN Independent International Commission of Inquiry on the Occupied Palestinian Territory, including East Jerusalem, and Israel. The commission concluded that Israel had committed genocide in Gaza, a finding rejected by Israel.
The Nobel Committee recognised Pillay's contribution to strengthening international law, praising her judicial rigour, personal integrity and courage.
The 85-year-old South African jurist represented anti-apartheid activists before serving as president of the International Criminal Tribunal for Rwanda, a judge at the ICC and UN High Commissioner for Human Rights.
Her contribution to the landmark Akayesu judgment helped establish that rape and sexual violence could constitute acts of genocide.
Pillay serves as an ad hoc judge at the International Court of Justice (ICJ) in proceedings concerning allegations of genocide against Myanmar.
Speaking on Saturday, she described the American sanctions against the ICC as unacceptable and expressed concern about their consequences for the independence of international courts.
The sanctions, announced by US Secretary of State Marco Rubio on Friday, mark a significant escalation in Washington's campaign against the ICC.
The Trump administration had previously sanctioned individual judges, prosecutors and organisations associated with the court. The latest measures target the institution itself, potentially restricting its access to banking, technology and other essential services.
Rubio accused the ICC of improperly asserting jurisdiction over American and Israeli nationals.
Neither the US nor Israel is a party to the Rome Statute, the treaty establishing the court. The ICC maintains that its jurisdiction can extend to crimes committed on the territory of states that have accepted its authority, regardless of the nationality of the accused, subject to the treaty's provisions.
The court has issued arrest warrants for Netanyahu and former Israeli defence minister Yoav Gallant over alleged war crimes and crimes against humanity arising from the war in Gaza. Israel rejects the court's jurisdiction and the allegations against its leaders.
The ICC condemned the sanctions as an attack on justice and the rule of law, calling on its 125 member states to ensure that it can continue operating independently.
Its Trust Fund for Victims warned that restrictions on financial services and partnerships could disrupt programmes providing rehabilitation, reparations and other assistance to survivors of serious international crimes.
However, the sanctions do not amount to an immediate shutdown of the court.
The US Treasury issued four general licences on 9 October permitting specified activities to continue. These include certain transactions necessary to maintain or wind down ICC operations, telecommunications and software services, pension payments and transactions relating to detainees in ICC custody.
A licence covering specified operational transactions runs until 7 April 2027. The exemptions provide temporary relief but do not remove the wider restrictions or concerns about the court's longer-term functioning.
UN Secretary-General António Guterres condemned the sanctions, warning that they could undermine the ICC's mandate, including investigations referred by the UN Security Council and member states.
"Today's decision marks a serious blow to our collective pursuit of international criminal justice, of which the ICC is a key pillar," he said.
UN High Commissioner for Human Rights Volker Türk urged the court's 125 member states to act urgently to protect it.
European governments are considering whether diplomatic opposition should be accompanied by legal measures to shield the institution.
Belgium has proposed activating the European Union's Blocking Statute, a mechanism designed to protect European businesses and institutions from certain extraterritorial sanctions.
French Foreign Minister Jean-Noël Barrot said on Monday that Europe wanted dialogue with Washington to secure the withdrawal of the measures.
"If that fails, we stand ready to activate the Blocking Statute," he said before a meeting of EU foreign ministers in Luxembourg.
France also issued a statement condemning the institutional sanctions and reaffirming its support for the ICC and its staff.
The EU said it was prepared to take necessary measures to protect the court while pursuing diplomacy with Washington. No decision to activate the Blocking Statute had been confirmed at the time of writing.
The Netherlands, which hosts the ICC in The Hague, has also reaffirmed its commitment to protecting the court.
Human rights organisations have warned that the sanctions could affect investigations and accountability efforts extending beyond Palestine to Sudan, Ukraine and Afghanistan, among other countries.
Four organisations, including Human Rights Watch and the Centre for Constitutional Rights, are challenging the American sanctions regime in a US federal court.
Their lawsuit, filed in August before the institution-wide sanctions were announced, argues that the measures violate constitutional protections and interfere with their ability to support international justice.
In South Africa, Justice Minister Mmamoloko Kubayi congratulated Pillay on Friday, describing her Nobel award as a proud moment for the country and Africa.
"As a nation, we are proud to celebrate our own, who continue to fly the South African flag high," Kubayi said.
She said the award reaffirmed the importance of respecting international law, defending human rights and working towards peace.
Nel's statement on Monday went further by addressing the American sanctions and reaffirming South Africa's support for the ICC.
South Africa is also pursuing a separate case against Israel at the ICJ, alleging violations of the Genocide Convention in Gaza.
The ICJ determines the responsibility of states under international law, while the ICC investigates the criminal responsibility of individuals.
Although Nel reaffirmed South Africa's support for the ICC, he did not announce specific measures Pretoria would take to protect the court from the sanctions.
For the ICC's member states, the immediate question is whether their expressions of support will be followed by practical steps to ensure the institution can continue its work.