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Japan’s Prime Minister Sanae Takaichi has aired the Japanese government’s deep concerns with the US sanctions against the ICC, stating that they are “incompatible with Japan’s position” (Rick Bajornas/UN Photo)
The US is sanctioning the ICC and its Japanese president – and Australia has offered little beyond private words.
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Australia should do more to back Japan and the ICC in the face of US sanctionsAustralia should do more to back Japan and the ICC in the face of US sanctions
This has been a busy year for the Australia-Japan relationship. Celebrations have marked the 50th anniversary of the Basic Treaty of Friendship and Cooperation – also known as the NARA Treaty – which helped established modern-day bilateral relations. Galas (Opens in new window), leadership dialogues (Opens in new window), music concerts (Opens in new window), and much more (Opens in new window) have been held.
Yet amid the festivities, Australia’s support for Japan has remained underwhelming in response to the US campaign against the International Criminal Court (ICC). Japan has a longstanding connection to international criminal justice and the court, and was distressed after the US moved in August to sanction Judge Tomoko Akane, President of the ICC, a Japanese national, as well as senior trial lawyer Abdoulaye Seye.
Australia’s response to the US efforts to cripple (Opens in new window) and dismantle (Opens in new window) the ICC’s ability to operate has been described by some foreign government officials as a “low profile” approach (Opens in new window) in comparison to other US allies. Public statements and diplomatic responses reflect that assessment.
Neither Prime Minister Anthony Albanese (Opens in new window) nor Foreign Minister Penny Wong (Opens in new window) has issued a statement on the issue. In public interviews, Foreign Minister Wong has declined to criticise the US directly, deflecting questions on the US sanctions (Opens in new window), reinforcing a subdued response by Canberra.
Tomoko Akane, President of the International Criminal Court, reports to the General Assembly in 2025 (Loey Felipe/UN Photo)
When the first round of US sanctions against the ICC commenced in February 2025, Australia failed to join 79 other countries in condemning the move. The Australian government instead worked behind the scenes with Australians at the ICC (Opens in new window) to help manage the implications. In response to the most recent round of US sanctions, Australia belatedly joined (Opens in new window) a 9 October joint statement (Opens in new window) with Japan and other countries. Nonetheless, little else has been said publicly in the last two months.
Australia’s relative silence has been just as noticeable in its relationship with Japan. In the two months since sanctions were imposed on the Japanese President of the ICC, none of the Australian Embassy in Japan’s social media accounts, whether Facebook (Opens in new window), X (Opens in new window), or LinkedIn (Opens in new window), have referred to the sanctions and outlined Australia’s concerns. That includes a failure to reference the 9 October joint statement (Opens in new window).
Quiet diplomacy (Opens in new window) appears to be Australia’s operating protocol in supporting its close partners who are impacted by the US sanctions. But discretion comes at a cost, with little visible solidarity being provided to Japan and defence of the court.
Australia’s response suggests that its “elevated relationship (Opens in new window)” with Japan has its limits when support risks confrontation with Washington. Concerns about angering the Trump administration, which is prone to unpredictable outbursts, appears to have led Canberra to favour discreet engagement.
Australia’s response to the US sanctions is a test of what its “indispensable partnership” with Japan means in practice.
From Japan’s side, there has been a steady escalation (Opens in new window) in their responses since August. Japan’s Prime Minister Sanae Takaichi has aired the Japanese government’s deep concerns with the US sanctions, stating that they are “incompatible with Japan’s position” (Opens in new window). Takaichi also raised the matter (Opens in new window) directly with US President Donald Trump during a meeting on 22 September, despite being urged by the US side (Opens in new window) not to do so. Japan’s Foreign Minister Toshimitsu Motegi also had a phone call (Opens in new window) on 10 October with US Secretary of State Marco Rubio, outlining Japan’s views on the sanctions.
Public opposition in Japan to the US move against the ICC has been strong, placing greater pressure on the Japanese government. A petition (Opens in new window) calling for the withdrawal of sanctions has received almost 175,000 signatures. Events have been held over the last two months to push back (Opens in new window) and demonstrate solidarity (Opens in new window). New university (Opens in new window) and civil society networks (Opens in new window) have recently been formed to express support for international justice.
After the latest US sanctions were imposed, Akane stated (Opens in new window) of the ICC that: “Its fate now rests also in the hands of the States that created it.” Australia should heed Akane’s call. Quiet diplomacy on its own is not sufficient.
Australia should convert its private concerns into more credible public support with three steps.
Firstly, Australia should firmly denounce the US measures and express its solidarity with the Japanese government and Japanese nationals who have been targeted. Shared commitments (Opens in new window) to safeguarding the international order should lead to (Opens in new window) Australia choosing to act in their defence when like-minded partners are attacked.
Secondly, Australia should coordinate with Japan and other more vocal states to sustain political and diplomatic support for the ICC. Australia could play a stronger leadership role globally and regionally, including utilising international forums, to reinforce confidence in the court’s operations.
Thirdly, the Australian government should prevent US sanctions from being implemented in Australia and encourage regional partners to do the same. Banks, financial institutions and other companies should be advised against excessive overcompliance (Opens in new window). This message should be delivered publicly.
The ICC is an independent and impartial body, mandated by the international community, to help bring the perpetrators of grave crimes to justice. Dismantling of the ICC will only serve to undermine the international rule of law, which is essential for promoting global order and security.
50 years after the NARA Treaty, Australia’s response to the US sanctions is a test of what its “indispensable partnership” (Opens in new window) with Japan means in practice.
Australia should publicly defend the ICC, support its partners who are being targeted for upholding international justice, and demonstrate that its commitment to the international legal order can withstand US pressure.
About the author
Simon Henderson
Simon Henderson is an international human rights lawyer, foreign policy analyst, and academic.
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