US Sanctions on the ICC and Canadian Judge Kimberly Prost

Hon. Anita Anand
Minister of Foreign Affairs
Anita.Anand@international.gc.ca

Hon. Sean Fraser
Attorney General
mcu@justice.gc.ca

July 21, 2026

Re: US Sanctions on the ICC and Canadian Judge Kimberly Prost

Dear Minister Anand and Minister Fraser,

It has been one year since the United States government sanctioned six International Criminal Court judges, including Canadian judge Kimberly Prost. In that year, you have refused to publicly support Judge Prost’s legal case and have refused to demand the United States drop these unjust sanctions.

Judge Prost was added to the United States’ sanction list in August 2025 alongside International Criminal Court colleagues from several countries. This was the third round of U.S. sanctions on ICC officials. The reported justification for the sanctions was Judge Prost’s work on a case involving American troops in Afghanistan – a standard part of the work of impartial judges who are tasked with investigating all situations where the court has jurisdiction.

The U.S. sanctions have had a pervasive negative effect on Judge Prost’s life, including restrictions on banking and travel. Judge Prost and two other judges have been forced to sue the United States government to try to reclaim control over their lives.

Moreover, these sanctions are an attack on judicial independence.

Canada’s continued silence is especially shocking given ongoing attacks on the ICC from the United States, including calls from Secretary of State Rubio asking allies to defund and pull out of the Court. These unjustified attacks on the ICC undermine decades of work to bring war criminals to account and risk failing victims of the world’s worst crimes. Moreover, these attacks contribute to a culture of impunity, emboldening those responsible for ongoing atrocities - including genocide.

Ministers, you could take action today. You could use the Foreign Extraterritorial Measures Act (FEMA) to protect Judge Prost and other Canadians unfairly targeted by US sanctions. FEMA was initially passed to prevent United States sanctions against Cuba from being implemented against Canadian companies and can block the effects of unjustified sanctions on Canadian citizens.

Surely, Ministers, you will agree that the sanctions on Judge Prost are unjustified. Yet you have refused to use FEMA to protect her and have refused to say whether you will file an amicus brief on her behalf.
Canada played a pivotal role in the founding of the International Criminal Court and was one of the first countries to sign the Rome Statute. For many years Canada was at the forefront of work for international justice. But in recent years your government’s respect for international law has been inconsistent. While Canada has rightfully supported Ukrainians, the Rohingya, and the Syrian people in recent processes at international courts, it has not done the same for Palestinians at the ICJ or the ICC.

Canadians are rightly asking why your government is no longer supporting the international legal system. And they are asking whether Canada’s foreign policy on the ICC is made in Ottawa or now dictated from Washington.

New Democrats are shocked by your silence on this matter – especially given Canada’s role in helping to build the ICC. I remind you that New Democrats sponsored a petition on this matter in 2025 and requested further information via the written question system – and we are profoundly disappointed to see your government has refused to initiate any action on this matter over the past eight months beyond stating that it has “utmost confidence in Judge Prost”.

Ministers, these attacks on the international legal system, and on a Canadian judge, are happening under your watch.

Now is the time for Canada to be boldly defending judges, courts, and the rules that help to prosecute war criminals and human rights abusers. Now is not the time for silence and cowardice.
If your government lets this system fail, we will all – Canadians and every else - be less safe in the decades to come.

Ministers, along with all New Democrats, I urge you to stand up for the International Criminal Court and the broader international justice system. Fight these unjust sanctions. Use FEMA to ensure Judge Prost is protected. And defend Judge Prost and her fellow ICC judges clearly and loudly.

Sincerely,

Heather McPherson
Member of Parliament for Edmonton Strathcona
NDP Critic for Foreign Affairs