WASHINGTON — On Thursday, President Donald Trump enacted an executive order targeting the International Criminal Court (ICC) with sanctions due to its investigations concerning Israel, a key ally of the United States.
Neither the U.S. nor Israel are recognized members of the ICC, which has recently issued an arrest warrant for Israeli Prime Minister Benjamin Netanyahu. This warrant follows allegations of war crimes linked to his military actions in Gaza after the Hamas attacks on Israel in October 2023. Amidst these conflicts, tens of thousands of Palestinians, including children, have reportedly lost their lives due to the military operations.
The executive order issued by Trump condemns the ICC for what it deems “illegitimate and baseless actions” aimed at the U.S. and Israel, asserting that the court has overstretched its authority by issuing “groundless arrest warrants” against both Netanyahu and Yoav Gallant, the former defense minister.
The order emphasizes, “The ICC has no jurisdiction over the United States or Israel,” and claims that the court’s actions have set a “dangerous precedent” against both nations. This decision coincided with Netanyahu’s visit to Washington, where he engaged in discussions with Trump earlier in the week and held meetings with lawmakers on Thursday.
As part of the sanctions, the order outlines that the United States will impose “tangible and significant consequences” on those involved with the ICC’s alleged offenses. Potential sanction measures could include freezing assets, barring access to properties, and prohibiting ICC officials and their families from entering the country.
Human rights advocates have warned that sanctioning ICC officials might deter them from performing their duties and contradict U.S. objectives in various global conflict zones. Charlie Hogle, a staff attorney with the American Civil Liberties Union’s National Security Project, expressed concern: “Victims of human rights abuses around the world turn to the International Criminal Court when they have nowhere else to go. President Trump’s executive order will impede their quest for justice.” He also noted that the order raises important First Amendment issues by potentially penalizing individuals in the U.S. who assist the court in investigating atrocities globally.
Hogle characterized the order as an infringement on accountability and freedom of speech. Sarah Yager, the Washington director of Human Rights Watch, commented before the order was signed, “While one may disagree with the court’s functioning, this action is far too extreme.”
Similar to Israel, the United States has historically remained skeptical of the ICC, which has 124 member states. Concerns about a “Global Court” of unelected judges indiscriminately prosecuting U.S. officials persist. In 2002, Congress passed a law granting the Pentagon authority to rescue any American or allied personnel detained by the ICC. In 2020, Trump imposed sanctions on the then chief prosecutor, Fatou Bensouda, for commencing investigations into possible war crimes by the U.S. in Afghanistan, although those sanctions were revoked once President Joe Biden took office, allowing for cautious cooperation with the court, particularly after charges against Russian President Vladimir Putin were brought forth in 2023.
This shift in approach was facilitated by Senator Lindsey Graham from South Carolina, who organized meetings between ICC Prosecutor Karim Khan and some Republican lawmakers known for their criticism of the court. Now expressing feelings of betrayal by Khan, Graham has vowed to undermine the ICC and penalize any country enforcing the arrest warrant against Netanyahu. “This is a rogue court,” Graham stated in December. “The legal rationale they’re using against Israel is without boundaries, indicating that we could be next,” he added.
Both Biden and Trump’s national security advisor, Mike Waltz, have denounced the ICC’s warrants, with Biden describing them as “an abomination” and Waltz accusing the court of antisemitism.
Imposing sanctions could significantly hinder the ICC’s operations by obstructing its personnel’s ability to travel and impacting U.S.-developed technology essential for maintaining evidence integrity. Last year, the court endured a serious cyberattack, which disrupted access to critical files for weeks.
Nevertheless, some European nations have begun to voice their opposition. The Netherlands, for instance, recently urged other ICC members to collaborate to mitigate the potential impact of the forthcoming sanctions, emphasizing the need for the court to continue its critical work.
The relationship between the U.S. and the ICC has been quite complex. The country played a role in negotiating the Rome Statute, which established the ICC as a last resort tribunal for prosecuting severe crimes such as war crimes, genocide, and crimes against humanity, in cases where national jurisdictions fail. However, the U.S. voted against the Rome Statute in 1998. President Bill Clinton endorsed the statute in 2000 but refrained from putting it forth for Senate ratification. Upon George W. Bush’s presidency in 2001, he canceled the U.S. signature and sought to dissuade other nations from extraditing their citizens to the ICC.
