The International Criminal Court (ICC) has reaffirmed its commitment to its judicial responsibilities, despite facing sanctions imposed by the United States. These sanctions came after US President Donald Trump signed an executive order targeting ICC officials. The court responded by emphasizing its dedication to impartiality, condemning the US action as an attempt to undermine its “independent and impartial” operations.
Trump’s executive order accuses the ICC of making “illegitimate and baseless actions,” particularly in relation to the court’s recent issuance of an arrest warrant for Israeli Prime Minister Benjamin Netanyahu. The warrant, which pertains to alleged war crimes committed during the Gaza conflict—a charge Israel denies—was part of broader ICC efforts, which also included a warrant for a Hamas commander. While the US and Israel are not members of the ICC, the court has the authority to prosecute crimes such as genocide, war crimes, and crimes against humanity.
In a statement, the ICC strongly condemned the sanctions, vowing to continue delivering justice to victims of atrocities worldwide. The statement read: “The Court stands firmly by its personnel and pledges to continue providing justice and hope to millions of innocent victims of atrocities across the world, in all situations before it.”
The ICC’s recent actions also include the issuance of arrest warrants for high-profile figures, such as Russian President Vladimir Putin, who faces charges related to war crimes in Ukraine, and senior Taliban leaders accused of persecuting Afghan women and girls. Additionally, the court has targeted Myanmar’s military leadership for crimes against the Rohingya Muslims.
Although the US and Israel are not ICC members, over 120 countries support the court, including the UK and many European nations. The sanctions signed by Trump place financial and travel restrictions on ICC staff who investigate American citizens or allies.
As the sanctions were announced, Israeli Prime Minister Netanyahu was in Washington, further intensifying the diplomatic friction. Trump’s executive order claims the ICC’s recent actions risked endangering Americans, exposing them to “harassment, abuse, and possible arrest,” and could compromise US sovereignty and security. The order also contends that the ICC’s actions undermine American and Israeli interests.
European leaders have voiced their concern. Ursula von der Leyen, President of the European Commission, stated that the ICC “must be able to freely pursue the fight against global impunity,” while the Dutch government, which hosts the court, expressed regret over the sanctions. Dutch Foreign Minister Caspar Veldkamp reiterated the importance of the ICC’s work in combating impunity.
The United States has long opposed the ICC’s jurisdiction over its citizens. Trump’s order cites the ICC’s actions as a threat to the US’s national security, further accusing the court of not aligning with international law. Israel’s Foreign Minister, Gideon Saar, publicly supported the sanctions, calling the ICC’s actions “immoral.”
This move to sanction ICC officials is not the first of its kind. In 2020, Trump imposed similar sanctions on ICC staff investigating alleged US war crimes in Afghanistan. However, these measures were later lifted by President Joe Biden’s administration.
The latest executive order has raised concerns about its impact on the ICC’s operations. Zachary Kaufman, a former clerk to the ICC’s first chief prosecutor, warned that the sanctions could freeze assets and restrict travel for ICC officials and their families, potentially disrupting the court’s ability to function effectively.
In response to the US’s repeated challenges to the ICC’s authority, nine countries, including South Africa and Malaysia, have formed the ‘Hague Group’ to support the court and its rulings. Despite the US’s stance, the ICC remains resolute in its mission to hold perpetrators of international crimes accountable.
