Amid International Condemnation: How the ICC May Be Affected by Trump’s Sanctions

Once again, US President Donald Trump has imposed sanctions on the International Criminal Court (ICC), but this time not to protect American soldiers but to protect Israeli leaders from accountability for war crimes they committed in the Gaza Strip, in a move that reinforces his approach of promoting impunity.

While Trump previously described the court as illegitimate and anti-American, Washington accuses the ICC of having an undeniable bias against “Israel”.

In turn, the ICC recently denounced Trump’s decision to impose sanctions on it, pledging to continue to achieve justice in the world.

While what Trump did sparked Israeli happiness, especially Israeli Prime Minister Benjamin Netanyahu, who was quick to welcome the decision, the sanctions were met with Western condemnations and warnings of dangers that undermine the rule of international law.

Sweeping Sanctions

At a time of increasing tension between his administration and international institutions, US President Donald Trump signed an executive order on February 6 imposing sanctions on the ICC.

He attributed this to the court’s groundless legal proceedings against the U.S. and its close ally “Israel”, referring to investigations opened by the court into crimes against humanity targeting American soldiers in Afghanistan and Israeli leaders in the Gaza Strip.

He also expressed his rejection of the ICC’s issuance on November 24, 2024, of an arrest warrant for Israeli PM Benjamin Netanyahu and former Army Minister Yoav Gallant, on charges of committing war crimes in Gaza.

He claimed that the court abused its authority by issuing the arrest warrant against them, noting that the court has no jurisdiction over the United States and Israel.

Trump’s new sanctions include a ban on the entry into the U.S. of ICC officials, employees and personnel, as well as their closest family members and anyone who provided assistance in the court’s investigations, in addition to freezing the assets of all of these individuals in the U.S.

The signing of the executive order came after Democrats in the US Senate last month blocked an attempt by Republicans to pass legislation imposing sanctions on the ICC.

The bill was defeated in the Senate by a vote of 54 to 45, falling short of the 60 votes needed for passage.

The Illegitimate Court Counteraction Act would impose sanctions on any foreign person involved in the investigation, arrest, detention, or prosecution of U.S. citizens or citizens of allied countries that are not members of the ICC, including “Israel”.

The Republican-controlled House of Representatives passed the legislation last month by a vote of 243 to 140.

Republicans have previously expressed hope that the bill will pass as quickly as possible, so that President Trump can sign it into law shortly after his inauguration.

Meanwhile, several Democrats have said the legislation is too broad, and could apply not only to a wide range of court employees, but also to US companies that work with it.

In turn, Senate Minority Leader Chuck Schumer indicated that he supports Trump’s decision because the court is biased against “Israel” and needs to be reformed.

But he added that the executive order omitted problematic foreign provisions unrelated to “Israel”, which were included in the bill that the Senate rejected.

It is noteworthy that before the end of Trump’s first term, specifically in 2020, his administration imposed sanctions on then-Prosecutor Fatou Bensouda, due to investigations into American war crimes in Afghanistan, but Joe Biden, after assuming the presidency in 2021, lifted the sanctions imposed on her.

Major Repercussions

In its first official response, the ICC, based in The Hague, Netherlands, condemned the United States’ publication of a decree aimed at imposing sanctions on its employees and harming its judicial work.

In preparation for Trump’s sanctions, the court has taken measures to protect its staff, including prepaying salaries for three months, in anticipation of financial constraints that could hamper its work.

Last December, ICC president Judge Tomoko Akane warned that threats of sanctions against the court could quickly undermine its operations in all cases, and threaten its very existence.

She told members of the court in The Hague that the judiciary faces coercive measures, threats, pressure and sabotage, considering that if the court collapses, this means that all situations and cases will collapse.

In the first international reactions, 79 countries that signed a joint statement warned that Trump’s targeting of the ICC with sanctions could increase the risk of impunity and threaten to undermine the rule of international law.

“The sanctions would severely undermine all situations currently under investigation, as the court may have to close its field offices,” said those countries, which make up about two-thirds of the court's membership.

This was preceded by several European positions condemning Trump's decision, including the French Foreign Ministry's confirmation that Paris and its partners will work to ensure the continued ability of the ICC to carry out its mission in an independent and impartial manner.

German Chancellor Olaf Scholz said that Trump was wrong to impose sanctions on the court because it threatens an important institution.

A spokesman for the German Foreign Ministry also confirmed that Berlin will continue to support the ICC, despite the lack of clarity on the impact of the sanctions imposed by Trump on it.

Dutch PM Dick Schoof described the sanctions as a worrying and very unfortunate signal, as well as having potentially major repercussions on the independence of the ICC and its ongoing investigations.

However, Hungarian PM Viktor Orban, a close ally of Trump, saw that the sanctions show that it may be time to withdraw from the ICC.

In turn, a spokesman for British PM Keir Starmer said that Britain supports the independence of the ICC and does not intend to impose sanctions on its officials.

The EU expressed its regret over the US decision, while reserving the right to take measures of its own, according to a spokesperson, without providing further details on these measures.

European Commission President Ursula von der Leyen said that the ICC must be able to continue the fight against impunity worldwide without hindrance.

European Council President Antonio Costa considered that imposing sanctions on the court threatens its independence and undermines the international criminal justice system as a whole.

Double Standards

Many human rights and civil society groups have warned that the sanctions will even further isolate the U.S. on the international stage.

UN Human Rights spokesperson Ravina Shamdasani expressed deep regret over the individual sanctions announced against court staff, calling on Washington to reverse the measure.

“The US government’s sanctions on the ICC would undermine international accountability for the worst crimes and deprive victims around the globe of justice,” Human Rights Watch said.

Vincent Warren, executive director of the Center for Constitutional Rights in New York, said the executive order’s broad scope was intended to embolden perpetrators around the world and prevent the pursuit of international justice against the most powerful.

Charlie Hogle, a staff attorney with the American Civil Liberties Union’s National Security Project, also called Trump’s order an attack on accountability and free speech.

“Threatening and penalizing legitimate international institutions, their staff, or members is what dictators and pariah states do, not democracies seeking to uphold the rule of law,” said Dylan Williams, vice president of government affairs at the Center for International Policy.

Yossi Mekelberg, a professor at Chatham House, called Trump’s executive order an attempt to intimidate the ICC and deter cooperation. 

Neve Gordon, a law professor at Queen Mary University, warned that targeting the ICC undermines the post-World War II legal order, including the Geneva Conventions and Genocide Convention.

Saul Takahashi, a professor of international human rights law, warned that the sanctions could impact not only ICC staff but also human rights activists and victims assisting investigations, potentially shutting them out of the U.S. or penalizing them.

He noted that the sanctions’ direct impact would likely be limited, as the ICC is based in The Hague, with only staff holding US assets at potential risk.

On his part, lawyer Abdulnasser Houshan confirmed in a statement to Al-Estiklal that “the American war against the ICC perpetuates the blatant double standards of American administrations that adopt the language of justice when it suits their interests.”

“While Washington supported the ICC's investigations into the Ukraine war, it obstructed any attempts to hold Israel accountable for its crimes against the Palestinians,” he added.

“If countries that recognize the ICC do not act now, things could reach a point of no return, where international laws will lose their legitimacy completely and will be impossible to restore,” Mr. Houshan warned.