Why has Trump hit the world criminal court with sanctions?

U.S. President Donald Trump imposed sanctions on the International Criminal Court (ICC), accusing the institution of targeting Israel and the United States. This action has sparked widespread attention and discussion within the international community, further intensifying the strained relationship between the U.S. and the ICC. The move also raised questions about the U.S. commitment to international law and justice.

In an executive order issued late Thursday, Trump labeled the ICC an "illegitimate" institution and imposed financial and U.S. visa restrictions on ICC staff and anyone assisting the ICC in investigating the U.S. and its allies. The executive order authorizes sanctions such as asset freezes and travel bans, targeting International Criminal Court officials who seek to prosecute U.S. citizens and "allies." These measures are designed to protect U.S. personnel and interests from what the U.S. considers unwarranted legal action.

Trump stated that the ICC's arrest warrants issued in November for Israeli Prime Minister Benjamin Netanyahu and his former Defense Minister Yoav Gallant were "baseless," with the warrants accusing them of war crimes in Gaza. However, analysts have described Trump's sanctions order as an "attack on the rule of law." This divergence in opinion highlights the contentious nature of the ICC's actions and the U.S. response.

The executive order claims that the ICC "abused its authority" by issuing arrest warrants for Netanyahu and Gallant and asserts that the Hague-based court has taken "illegal" actions against the U.S. and its "close ally" Israel. The White House defined Israel as "a democracy that strictly adheres to the laws of war militarily." The executive order also accuses the ICC of "malicious actions that threaten to infringe upon U.S. sovereignty and undermine national security and foreign policy." Neither the United States nor Israel has signed the Rome Statute of 2002, which established the International Criminal Court.

Previously, U.S. President Joe Biden had called the ICC's arrest warrants for Netanyahu "outrageous." In addition to the arrest warrants for Netanyahu and Gallant, the ICC also issued an arrest warrant for Hamas military commander Mohammed Masri (also known as Mohammed Deif) for "alleged crimes against humanity and war crimes" during the October 7, 2023 Hamas attack on Israeli military outposts and villages in southern Israel. These actions by the ICC underscore its commitment to investigating and prosecuting individuals accused of serious international crimes, regardless of their position or affiliation.

Individuals sanctioned may be denied entry into the United States. Their U.S. assets may also be frozen, and they may be prohibited from engaging in financial transactions with "Americans" and entities, including banks. Foreign entities that violate the sanctions may also lose access to the U.S. financial system. Violations of sanctions may result in fines and imprisonment. Trump's executive order targets staff responsible for "violations" by the ICC. Sanctions may also apply to family members of staff and those assisting the ICC investigation. Although the list of sanctioned individuals has not been released, sanctions previously imposed on the ICC during Trump's first term targeted the chief prosecutor and an aide responsible for investigating alleged war crimes by U.S. soldiers in Afghanistan.

Placing International Criminal Court officials under sanctions could hinder ongoing investigations, making it more difficult to travel and obtain funding. Trump's actions may also discredit the international community's efforts to bring war criminals to justice. The International Criminal Court said in a statement that Trump's executive order was intended to "undermine its independent and impartial judicial work" but pledged to "continue to deliver justice and hope to millions of innocent victims of atrocities around the world." The ICC remains steadfast in its mission despite the challenges posed by the sanctions.

European Council President Antonio Costa said the sanctions "undermine the entire international criminal justice system." The Netherlands expressed "regret" over the order and declared that the court's work is "essential in combating impunity." Amnesty International called the move "reckless." Israeli Prime Minister Netanyahu praised Trump's move, saying it would "protect the U.S. and Israel from an anti-American and anti-Semitic corrupt court." Israeli Foreign Minister Gideon Sa'ar said he "strongly" praised Trump's executive order and claimed that the ICC was "actively pursuing the elected leaders of Israel, the only democracy in the Middle East."