THE HAGUE, Netherlands — On Friday, the International Criminal Court (ICC) urged its member nations to resist sanctions initiated by U.S. President Donald Trump, characterizing the action as detrimental to its independent judicial functions. The ICC has garnered backing from European countries, traditionally aligned with the U.S., emphasizing the importance of the court’s autonomy within the international justice system.
European Council President António Costa, who oversees the gatherings of the European Union’s 27 leaders, stated, “Sanctioning the ICC jeopardizes its independence and weakens the entire framework of international criminal justice.” This was one of the strongest condemnations from a prominent EU official regarding Trump’s recent actions since his return to power last month.
The White House unveiled the executive order targeting the ICC on Thursday, arguing that it was a necessary response to what they deemed “illegitimate and unfounded actions against the U.S. and its close ally Israel.” This move follows the ICC’s issuance of an arrest warrant last year for Israeli Prime Minister Benjamin Netanyahu, related to alleged war crimes in Gaza. Notably, both the U.S. and Israel are not members of the court and do not acknowledge its authority.
Amid the ongoing conflict, tens of thousands of Palestinians, including minors, have died during Israeli military operations responding to a Hamas assault on southern Israel, which resulted in roughly 1,200 fatalities in October 2023. Gaza’s Health Ministry, which tracks these figures, does not differentiate between combatants and civilians.
The ICC expressed its disapproval of Trump’s actions, stating, “The Court stands resolutely with its personnel and is committed to continuing its mission of justice for millions of innocent victims of atrocities worldwide.” The ICC called upon its 125 member states and civil society to unite in support of justice and the protection of fundamental human rights.
Germany has signaled its stance on the issue, with Foreign Minister Annalena Baerbock asserting, “Advocating for international law and the ICC is a matter of our national security.” Baerbock emphasized that the ICC represents a significant milestone in the evolution of international criminal law and has the backing of over 120 nations. She argued that a failure of the ICC would ultimately serve the interests of those like Russian President Vladimir Putin, whose actions in the Ukraine conflict have brought global scrutiny.
European Commission President Ursula von der Leyen highlighted the necessity for the ICC to operate freely in its pursuit of global justice, reiterating Europe’s commitment to the rule of law. The Dutch government, hosting the ICC, has also publicly denounced Trump’s sanctions, with Foreign Affairs Minister Caspar Veldkamp commenting that the court’s work is vital in combating impunity. Officials in the Netherlands have been working to safeguard the court against potential repercussions stemming from U.S. actions.
Trump’s sanctions imply that the U.S. would impose severe penalties on individuals linked to the ICC’s “transgressions,” which might include asset freezes and travel restrictions for court officials and their families. The Treasury and State Departments are set to determine the individuals and organizations that will face repercussions.
This discontent from the U.S. followed the ICC’s earlier arrest warrants against Netanyahu, former defense minister Yoav Gallant, and Hamas military leader, citing charges of war crimes and humanitarian violations associated with the ongoing Gaza conflict. These accusations have been firmly rejected by Israeli authorities.
The sanctions have drawn criticism from human rights advocates who argue that such actions should target rights violators rather than those striving to uphold accountability. Liz Evenson, an international justice director at Human Rights Watch, likened Trump’s order to tactics seen in Russia, which has sought to undermine the ICC through various threats.
The ICC has been preparing for the possibility of sanctions, having provided staff with advance salary payments earlier this year. If the ICC is sanctioned, it could severely hinder its functions, affecting staff salaries, investigations, and access to U.S.-based digital information.
In this polarized landscape, Hungary has aligned itself with Trump, with Foreign Minister Péter Szijjártó claiming the ICC has devolved into a politicized entity, undermining the credibility of international judicial bodies. This sentiment was echoed by Israel’s Foreign Minister Gideon Sa’ar, who denounced the ICC’s actions as both immoral and devoid of legal justification.
This marks the second time Trump has sought to impose sanctions on the ICC; during his previous administration, he penalized former prosecutor Fatou Bensouda and her deputy for their inquiry into alleged war crimes in Afghanistan, actions which were later rescinded by President Joe Biden upon taking office in 2021.
