THE HAGUE, Netherlands — On Friday, the International Criminal Court (ICC) urged its member nations to oppose the sanctions recently imposed by former President Donald Trump. The ICC described these sanctions as a threat to the court’s independent and unbiased judicial functions.
The White House announced the executive order on Thursday, citing it as a countermeasure against what it characterized as “illegitimate and baseless actions aimed at the United States and our close ally, Israel.” This statement was connected to the ICC’s issuance of an arrest warrant for Israeli Prime Minister Benjamin Netanyahu last year, in relation to alleged war crimes committed in Gaza.
The Hague-based ICC expressed its disapproval of the sanctions, stating, “The Court stands firmly by its personnel and pledges to continue delivering justice and hope to millions of innocent victims of atrocities across the globe.” The court further called upon its 125 member states, civil society, and all nations worldwide to unite in support of justice and fundamental human rights.
The executive order indicated that the U.S. would enforce “tangible and significant consequences” on individuals accountable for the ICC’s supposed “transgressions.” Potential actions could include freezing assets and property, as well as barring ICC officials and their families from entering the U.S.
Determinations concerning which individuals and organizations will face sanctions are to be made by the Treasury and State Departments. The decision has drawn criticism from human rights organizations. Liz Evenson, the international justice director at Human Rights Watch, stated, “U.S. sanctions against ICC officials would serve as a gift to those worldwide who are responsible for mass atrocities. Sanctions should target human rights violators, not those striving to hold abusers accountable.”
Evenson further noted that Trump’s executive order resembles tactics utilized by Russia, which has sought to hinder the court’s operations through arrest warrants against its judges and prosecutors.
ICC officials had been preparing for the possibility of sanctions for several months, and reports indicate that in January, staff received an advance on their salaries to mitigate the impact of the impending sanctions, according to two insiders who spoke on condition of anonymity.
Since Trump’s election, at least two senior court officials have resigned in an effort to evade the sanctions.
The Netherlands, which is home to the ICC, has condemned Trump’s sanctions. Caspar Veldkamp, the Minister of Foreign Affairs, expressed regret over the executive order, emphasizing that the court’s operations are crucial in the battle against impunity.
Various groups associated with the ICC are also expressing concern regarding the potential ramifications of the sanctions. “We’ve had to pause all our projects because the future regarding these sanctions is uncertain,” said a leader of one advocacy group, who chose to remain anonymous. Another mentioned that they are taking precautions by moving funds from U.S.-based accounts.
This is not the first time Trump has targeted the ICC; during his previous tenure, he imposed sanctions on the former prosecutor Fatou Bensouda and a deputy for investigating crimes in Afghanistan. However, President Joe Biden lifted those sanctions soon after he took office in 2021.