THE HAGUE, Netherlands — On Friday, the International Criminal Court (ICC) urged its member countries to oppose the sanctions recently announced by U.S. President Donald Trump, asserting that such actions threaten to “harm its independent and impartial judicial work.”
Support for the ICC was evident among its traditional allies in Europe, who united against the sanctions imposed by the Trump administration. European Council President António Costa, who leads summits for the 27 EU leaders, strongly criticized Trump, noting that “Sanctioning the ICC threatens the court’s independence and undermines the international criminal justice system as a whole.” This statement marks one of the most pointed criticisms of Trump’s decisions by a senior EU official since he resumed office last month.
Trump issued the executive order on Thursday in reaction to what his administration described as “illegitimate and baseless actions targeting America and our close ally Israel.” Neither the U.S. nor Israel are members of the ICC and do not recognize its authority. Trump’s executive order followed the ICC’s issuance of an arrest warrant for Israeli Prime Minister Benjamin Netanyahu concerning alleged war crimes in Gaza.
Casualties have been significant, with tens of thousands of Palestinians reported killed during the Israeli military’s operations in response to a Hamas attack that resulted in the deaths of around 1,200 people in October 2023. The figures are sourced from Gaza’s Health Ministry, which does not differentiate between militant and civilian casualties.
In a public statement, the ICC condemned the actions of the Trump administration, reinforcing its commitment to deliver justice and support for the millions of victims of atrocities globally. The ICC stated, “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.” Furthermore, the court called for its 125 member states, civil society, and all nations to join in solidarity for justice and fundamental human rights.
Many nations responded positively. While Germany is monitoring the actual impact of the sanctions, it declared its support for the ICC unequivocally. A spokesperson from the German Foreign Ministry expressed that “the ICC is one of the greatest accomplishments of international criminal law” and reaffirmed Germany’s role as a staunch supporter of the court.
European Commission President Ursula von der Leyen echoed similar sentiments, emphasizing that the ICC “must be able to freely pursue the fight against global impunity.” She assured that Europe would consistently uphold justice and international law.
Trump’s order specifies that the U.S. would implement “tangible and significant consequences” against those involved in what it deems as the ICC’s “transgressions.” Potential measures include the freezing of assets and blocking entry into the U.S. for ICC officials and their families.
The tension escalated when the ICC made headlines in November, issuing arrest warrants against Netanyahu, former defense minister Yoav Gallant, and Hamas’ military chief, alleging war crimes and crimes against humanity related to the ongoing conflict in Gaza. The accusations included claims that Netanyahu and Gallant employed “starvation as a method of warfare” by limiting humanitarian aid and intentionally targeting civilians.
Human rights organizations have sharply criticized the sanctions against ICC officials. Liz Evenson, the International Justice Director at Human Rights Watch, stated that “US sanctions against ICC officials would be a gift to those around the globe responsible for mass atrocities. Sanctions are for human rights violators, not those working to hold rights abusers to account.” Evenson further remarked that Trump’s executive order reflects a strategy similar to that employed by Russia, which has attempted to obstruct the ICC by issuing arrest warrants against its judges and prosecutors.
ICC officials had anticipated possible sanctions for several months and had made arrangements, including granting staff an advance on their salaries. Reports indicate that two senior officials resigned post-Trump’s election to sidestep any potential sanctions.
The Dutch government, host to the ICC, has also expressed its discontent with Trump’s executive order. Foreign Affairs Minister Caspar Veldkamp declared, “The Netherlands regrets the executive order imposing sanctions on the ICC. The court’s work is essential in the fight against impunity.” It has been suggested that the Netherlands is actively seeking ways to help the ICC mitigate the repercussions of these sanctions.
In a contrasting stance, Hungary sided with Trump, asserting that the ICC has acted as a biased political organization, undermining the legitimacy of international courts. Hungarian Foreign Minister Péter Szijjártó criticized the ICC’s decisions, arguing they faired poorly for global security.
Israeli Foreign Minister Gideon Sa’ar described the ICC’s actions as “immoral” and lacking any legal grounding.
This is the second instance of Trump targeting the ICC; during his previous administration, he sanctioned former ICC prosecutor Fatou Bensouda and her deputy due to their investigation into crimes committed in Afghanistan. President Joe Biden revoked these sanctions shortly after taking office in 2021.
