Impact of Trump's Sanctions on the International Criminal Court

You may be aware that US President Donald Trump has signed an executive order targeting the International Criminal Court (ICC), accusing the United States and its ally Israel of “illegal and unjustified acts.” The ICC, which prosecutes individuals for serious international crimes, has drawn criticism from the US and Israel for issuing arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Galant, accusing them of war crimes and crimes against humanity during Israel’s offensive on Gaza. It also issued an arrest warrant for Hamas official Mohammed Deif, whom Israel accuses of being one of the masterminds of the October 7, 2023, attack. Hamas confirmed last month that Israel killed him in an airstrike last year.

So what is the International Criminal Court, why is Trump sanctioning it, and what impact will his decision have? Let’s take a look at that.

What did Trump say?

On February 6, Trump signed an executive order imposing economic and travel sanctions on individuals under investigation by the ICC against U.S. and allied citizens. The U.S. President claimed that the court “abused its authority by issuing warrants for the arrest of Netanyahu and Galant without warrant.” He said the court’s actions “set a precedent that directly endangers current and former U.S. personnel” and pose an “unusual and extraordinary threat” to national security.

The names of the ICC personnel on the “blacklist” have not yet been released, but those targeted and their families will not be able to enter the United States. Their assets may also be frozen and their right to purchase property blocked.

Trump also said, without elaborating, that he “expects our allies to oppose any actions by the ICC against the United States and Israel.”

The ICC condemned Trump’s decision, vowing to stand firm behind its staff and continue to provide justice and hope to the millions of innocent victims of atrocities around the world.

What is the ICC?

Based in The Hague, Netherlands, the ICC investigates and prosecutes individuals for war crimes, crimes against humanity, genocide, and crimes of aggression against the territory of its 125 member states. Neither the United States nor Israel are members of the ICC.

Just as a central bank is a lender of last resort, the ICC is a court of last resort, stepping in to prosecute crimes when national authorities are unable or unwilling to do so.

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Trump wants to “cleanse” Gaza: What does this mean for the Middle East?

The court’s chief prosecutor, Karim Khan, had requested arrest warrants for three Hamas officials killed in the Gaza war, as well as Netanyahu and Galant, in May. The court issued the warrants in November.

Countries that have ratified the court’s Rome Statute are required to arrest Netanyahu and Galant if they set foot on their soil. The United States (along with China, Russia, and others) has not ratified the statute, allowing Netanyahu to travel to Washington this week, becoming the first foreign leader to be invited to the White House during Trump’s second term.

The ICC accepted Palestine as a member in 2015, giving it jurisdiction over international crimes committed in Gaza.

The ICC, which prosecutes individuals, is different from the International Court of Justice (ICJ), which prosecutes states. Last year, the ICC ruled that Palestinians in Gaza have “reasonable rights to protection from genocide.” The court also ordered Israel to immediately halt its attack on the southern Gaza city of Rafah, but Israel ignored it.

Hasn’t Trump done this before?

Yes. In June 2020, near the end of his first term, Trump imposed sanctions on then-ICC prosecutor Fatou Bensouda and another senior court official over her investigation into alleged war crimes and crimes against humanity committed in Afghanistan by the U.S. military, the CIA, and the Taliban. At the time, the Trump administration criticized the “kangaroo court,” calling it “an irresponsible political institution masquerading as a legal body.”

But experts warn that this time the sanctions are broader in their basis and potential impact. Janina Dill, director of the Institute for Ethics, Law and Armed Conflict at Oxford University, told CNN that while previous sanctions aimed to prevent investigations into the actions of US troops in Afghanistan, this order “fundamentally rejects the court’s design.” She said the practical consequences of the new measures, in addition to symbolically violating the ICC, “could undermine the work of the court.”

“The court needs funds to conduct its investigation. This requires the cooperation of banks, travel agencies, various businesses, and third parties. If they have to fear US sanctions, it will have a significant effect,” Dill added.

What was the reaction?

The United Nations expressed regret at Trump’s decision and called on him to reverse it.

European Commission President Ursula von der Leyen also said that the ICC should “freely fight global impunity.” But the EU is not speaking with one voice. For example, Hungary’s far-right Prime Minister Viktor Orbán said Trump’s decision meant “it’s time for Hungary to consider what it is doing in an international organization under US sanctions.”

Notably, the Israeli Attorney General Karim Khan, who was accused of sexual assault after seeking an arrest warrant for Netanyahu, told CNN last year:

“You can’t stop the trial with threats because we have to fulfill our responsibility as prosecutors… something bigger than ourselves, which is a commitment to justice.”

Why now?

The sanctions were imposed after Trump welcomed Netanyahu to the White House. Trump, who had previously said he wanted to “cleanse” the Gaza Strip, announced on February 4 a plan for the United States to “take over” the territory, resettle the Palestinians living there, and turn it into a new “river.”

The plan, which amounts to ethnic cleansing and violates international law, has sparked a global diplomatic storm, delighting many right-wing politicians in Israel and horrifying Palestinians.

"This, coupled with the new sanctions, shows that the US under Trump is moving from being a supporter of international criminal justice to a perpetrator of injustice. This is truly worrying," Dill said.