Japan's commitment to rule of law tested amid US sanctions on ICC

US sanctions on Tomoko Akane, president of the International Criminal Court and a Japanese judge, followed by Tokyo's restrained response, have stirred controversy in Japan, putting the country's professed commitment to the rule of law to a practical test.

Critics say the episode highlights tensions between Japan's alliance with the United States and its attempt to stick to legal principles in diplomacy.

Japan joined the Rome Statute of the International Criminal Court in 2007 and has since been a major supporter and financial contributor to the ICC, with strengthening the "rule of law" becoming a longstanding pillar of its diplomacy.

The ICC, however, has also sparked controversies over some of its actions, with calls for it to uphold the principle of complementarity, exercise its powers prudently in accordance with the law, and guard against politicization and double standards.

Hiroshi Shiratori, president of the Japan Political and Legal Studies Association and a professor at Hosei University in Tokyo, said Japan is facing an important "crossroads": whether to side with its US ally for political reasons and accept what he called Washington's "trampling on the rule of law", or remain committed to what it regards as "international law".

The United States sanctioned Akane and another ICC official on Aug 18, accusing them of being "directly engaged in efforts by the ICC to investigate, arrest, detain, or prosecute officials whose government has not consented to ICC jurisdiction".

In recent years, Washington has sanctioned ICC judges and prosecutors over investigations involving US personnel and arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former defense minister Yoav Gallant.

In July, the US administration intensified pressure on the court in a campaign aimed at weakening its ability to operate.

Japanese Prime Minister Sanae Takaichi initially called the US sanctions "very unfortunate", drawing criticism that Tokyo's response was too restrained.

A week later, Takaichi said the US action was "incompatible with Japan's position" and that Tokyo had pressed Washington "at various levels until the last moment" not to sanction Akane.

Shiratori said calling the sanctions "very unfortunate" did not amount to criticism of Washington. If the measures were incompatible with Japan's position, Tokyo should criticize the US more strongly, he added.

In the longer term, he warned that failing to firmly support the ICC and oppose what he described as Washington's disregard for "international law" could leave Japan being seen as prioritizing its US alliance over its international legal stance.

Tokyo has remained cautious over US pressure on the court. Last year, it did not join a statement by 79 ICC member states opposing US sanctions. Then-prime minister Shigeru Ishiba said Japan was following developments with "serious concern".

Calls for a clearer stance have grown since the latest sanctions targeted Akane. A cross-party group of lawmakers has urged the government to protest and demand that the sanctions be lifted.

Little political cost

Ukeru Magosaki, former director-general of the Japanese Foreign Ministry's International Intelligence Bureau, said the criticism of Washington had failed to gain traction because most Japanese prioritize coordination with the US. As a result, the government faces little domestic political cost for making concessions to the US.

Japanese diplomacy once centered on coordination with international organizations, Western countries and Asian nations while emphasizing "international law", Magosaki said. Over time, however, coordination with the US has become the overriding priority.

Japan now emphasizes "international law" when it aligns with US interests but tends to remain silent when the two conflict, he said.

Although Japan and the US have channels for policy coordination, there is little room for dialogue through which Tokyo could persuade Washington to change its position, he said.

On Wednesday, Akane urged Tokyo to use its relations with Washington and diplomatic influence to explain its stance on the ICC and help prevent further US pressure.

Shiratori warned that if Japan yields to US pressure to the point of being unable to defend its own citizen, while changing its position for political reasons, it risks losing public trust and diplomatic influence.

houjunjie@chinadaily.com.cn