US Imposes Sanctions on ICC

Reuters

ICC building.

The US administration led by President Donald Trump imposed sanctions on the International Criminal Court (ICC) on Friday, triggering a diplomatic dispute with the international judicial body just hours after a former judge won the Nobel Peace Prize.

The sanctions were announced just hours after former ICC judge Navi Pillay won the Nobel Prize.

Announcing the move, US Secretary of State Marco Rubio said the Trump administration would not allow the ICC to prosecute American citizens.

“President Trump will never allow the International Criminal Court to prosecute Americans. That is why, today, the United States is sanctioning the International Criminal Court,” Rubio said in a statement.

“We will ban transactions with this rogue court, cutting off its resources and crippling its ability to operate,” he added.

Rubio said Washington had made clear for more than a year the steps it expected the ICC to take as a gesture of good faith. The US had deferred the sanctions in the hope that the court would change course or that its member states would take action to address Washington’s concerns.

“However, neither the ICC nor States Parties have yet taken meaningful steps to address our concerns,” he said.

Despite the decision, Rubio said Washington remained open to a diplomatic solution, adding that the sanctions had been structured to give member states an opportunity to negotiate and address US concerns.

“If these efforts do not bear fruit, we will continue to adjust accordingly,” he said.

The court denounced the ‌move as an "assault on the rule of law and on the very foundations of the international legal order," and called on its 125 member states to take action to defend it.

The ICC strongly condemned the US decision, describing it as unprecedented and pointing to existing American sanctions against 13 of its judges and prosecutors.

The court called the latest measure “an assault on the rule of law and on the very foundations of the international legal order”.

According to the ICC, the sanctions are intended to disrupt its operations and intimidate those who work for or cooperate with the court. However, it vowed to continue carrying out its mandate.

“The court will continue to fully discharge its mandate, with independence and impartiality, acting only on the basis of the law and the evidence for the sake of the countless victims of grave crimes,” ICC President Tomoko Akane said.

The Trump administration has long been hostile to the court, founded in 2002 to prosecute war crimes, crimes against humanity and genocide, and has previously imposed sanctions on its prosecutors and judges.

Friday's move goes much further, potentially punishing companies that provide services to the court itself, amounting to an unprecedented attack on an institution founded on an international treaty. The ⁠US initially signed the Rome Statute that founded the court but never ratified it.

The US Treasury announced the sanctions with a six-month initial grace period, and some other exemptions that would allow some transactions for telecoms, software, payment of pensions and transactions related to detainees.

United Nations Secretary-General António Guterres strongly criticised the US decision, according to his spokesperson, Stéphane Dujarric.

Guterres condemned the sanctions against the ICC as an institution and expressed deep concern about their potential impact on the court’s ability to fulfil its mandate.

EU foreign policy chief Kaja Kallas said on social media that the six-month period "offers a window for dialogue" but added that the bloc "has options to ensure that (the ICC) can continue its vital work." Belgium's foreign minister called for an EU blocking statute to be activated to protect the court.

The International Criminal Court (ICC) has issued arrest warrants against more than 70 people, including world leaders and prominent figures involved in international conflicts.

In addition to Israeli Prime Minister Benjamin Netanyahu, the court has sought the arrest of Hamas figures. Others targeted by arrest warrants include Russian President Vladimir Putin, former Sudanese President Omar al-Bashir and former Libyan leader Muammar Gaddafi. Charges against Kenyan President William Ruto and former Kenyan President Uhuru Kenyatta were later withdrawn.

Despite US calls for countries to withdraw from the court, the ICC continues to receive strong support from most of its member states, including all European Union countries and all NATO members except the United States and Türkiye. The court is headquartered in the Netherlands, which is a member of both the EU and NATO.

The Nobel Prize awarded hours earlier to South African jurist Navi Pillay, who sat on the ICC's Appeals Chamber from 2003-2008, was explicitly ⁠described by the prize committee as a gesture of support for such tribunals at a time when "judges and institutions of international law are under political attack".

"An international legal system in which war criminals are held to account and the victims of abuse see justice served is a precondition for a peaceful world," the prize committee said.

US sanctions typically prohibit US-based companies from conducting business with a sanctioned organisation, potentially forcing banks to close its accounts, insurers to withdraw coverage and software companies to suspend cooperation.

During his first term, President Donald Trump’s administration imposed targeted sanctions on ICC officials. These were later lifted under President Joe Biden. Washington announced a new round of sanctions just days after Trump returned to office in January 2025.

ICC officials had spent months preparing for the possibility of sanctions against the court itself. Preparations included replacing Microsoft software on office computers with open-source alternatives and making alternative arrangements for banking and health insurance.

Source: Reuters



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