The president Donald Trump signed an executive order on Thursday to impose sanctions on the International Criminal Court (ICC). The reason: the court issued an arrest warrant against Israeli Prime Minister Benjamin Netanyahu for alleged war crimes in Gaza following the Hamas attack in October 2023.
Both the United States and Israel have rejected the accusations and do not recognize the ICC. The order signed by Trump accuses the court of acting in an illegitimate and unfounded manner against both countries.
What are the consequences of this order?
The document states that the U.S. will apply severe measures against those responsible for what they consider an abuse of power by the ICC. Among these sanctions are:
- Blocking properties and assets of ICC officials.
- Prohibiting entry to the U.S. for the court’s employees and their families.
Criticism and concerns from activists
Trump’s decision was not well received by human rights groups. Charlie Hogle, a lawyer for the American Civil Liberties Union (ACLU), pointed out that this could affect the search for justice for victims of war crimes.
“Victims of abuses turn to the ICC when they have no other option. This executive order will make it harder for them to get justice”, said Hogle.
On her part, Sarah Yager from Human Rights Watch considered the sanction to be an attack on accountability and freedom of expression.
The U.S. stance on the ICC
The United States has never been a member of the ICC and has maintained a sceptical stance towards the court. Since 2002, a law has allowed the Pentagon to intervene to free any U.S. citizen or ally detained by the ICC.
In 2020, Trump had already sanctioned former prosecutor Fatou Bensouda for investigating war crimes in Afghanistan, but his successor, Joe Biden, lifted those sanctions. However, when the ICC accused Vladimir Putin of war crimes in Ukraine, the U.S. began to cooperate with the court.
Reactions from lawmakers and allies
Senator Lindsey Graham, who had previously supported cooperation with the ICC, now feels betrayed by its decision to investigate Israel.
“This court is a sham. I never thought they would go after Israel, which has a very strong legal system”, said Graham.
Other lawmakers like Mike Waltz, Trump’s national security advisor, have accused the ICC of acting with an antisemitic bias.
Europe’s response to the sanctions
Some European countries, such as the Netherlands, have expressed their concern about the sanctions and have called on ICC members to cooperate to mitigate the effects.
The U.S.-ICC relationship over the years
The U.S. participated in the creation of the Rome Statute, the treaty that founded the ICC in 1998, but voted against its adoption.
- In 2000, former president Bill Clinton signed the treaty but never sent it to the Senate for ratification.
- In 2001, George W. Bush canceled the signature and promoted agreements to prevent U.S. citizens from being handed over to the ICC.
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