Trump Imposes Sanctions on International Criminal Court Over Israel Investigations
WASHINGTON (AP) — President Donald Trump signed an executive order imposing sanctions on the International Criminal Court (ICC) Thursday, citing the court’s investigations into Israel as justification.
Neither the U.S. nor Israel is a member of or recognizes the ICC, which has issued an arrest warrant for Israeli Prime Minister Benjamin Netanyahu for alleged war crimes related to his military response in Gaza after the Hamas attack against Israel in October 2023. Tens of thousands of Palestinians, including children, have been killed during Israel’s military response.
The order accuses the ICC of engaging in “illegitimate and baseless actions targeting America and our close ally Israel” and of abusing its power by issuing “baseless arrest warrants” against Netanyahu and his former defense minister, Yoav Gallant.
“The ICC has no jurisdiction over the United States or Israel,” the order states, adding that the court had set a “dangerous precedent” with its actions against both countries.
Trump’s Actions Amid Netanyahu’s Visit
Trump’s action came as Netanyahu was visiting Washington. He and Trump held talks Tuesday at the White House, and Netanyahu spent some of Thursday meeting with lawmakers on Capitol Hill.
The order states the U.S. will impose “tangible and significant consequences” on those responsible for the ICC’s “transgressions.” Actions may include blocking property and assets and not allowing ICC officials, employees, and relatives to enter the United States.
Criticism from Human Rights Activists
Human rights activists have spoken out against the sanctions, arguing that they will have a chilling effect on the ICC’s work and run counter to U.S. interests in other conflict zones.
“Victims of human rights abuses around the world turn to the International Criminal Court when they have nowhere else to go, and President Trump’s executive order will make it harder for them to find justice,” said Charlie Hogle, staff attorney with the American Civil Liberties Union’s National Security Project. “The order also raises serious First Amendment concerns because it puts people in the United States at risk of harsh penalties for helping the court identify and investigate atrocities committed anywhere, by anyone.”
Hogle added that the order “is an attack on both accountability and free speech.”
“You can disagree with the court and the way it operates, but this is beyond the pale,” Sarah Yager, Washington director of Human Rights Watch, said in an interview prior to the announcement.
The U.S. has consistently expressed skepticism towards the ICC, fearing that it could potentially prosecute American officials. A 2002 law authorizes the Pentagon to liberate any American or U.S. ally held by the court.
A Complex History of U.S.-ICC Relations
In 2020, Trump sanctioned chief prosecutor Karim Khan’s predecessor, Fatou Bensouda, over her decision to open an inquiry into war crimes committed by all sides, including the U.S., in Afghanistan. Those sanctions were later lifted by President Joe Biden.
The Biden administration had begun to mend relations with the ICC, particularly after Khan charged Russian President Vladimir Putin with war crimes in Ukraine in 2023. Sen. Lindsey Graham, a staunch critic of the ICC, played a role in this rapprochement, organizing meetings between Khan and GOP lawmakers.
But Graham has now reversed course, accusing the ICC of bias against Israel and pledging to fight against it. He has criticized the court’s methods and asserted that “the legal theory they’re using against Israel has no limits and we’re next.”
Biden called the arrest warrants “an abomination,” and Trump’s national security adviser, Mike Waltz, has accused the ICC of an antisemitic bias.
Any sanctions imposed by the U.S. could severely cripple the ICC by making it harder for its investigators to travel and expose vulnerabilities in its cybersecurity.
Concerns have been raised by some European countries, with the Netherlands urging other ICC members to support the court and mitigate the potential impact of U.S. sanctions.
The U.S. has a complicated relationship with the ICC. While participating in the negotiations that led to the establishment of the court, the U.S. has also been a vocal critic, voting against the Rome Statute in 1998 and subsequently taking steps to limit its jurisdiction over Americans.
This latest move by Trump to impose sanctions on the ICC further highlights the ongoing tensions between the U.S. and the international court, raising questions about the future of international justice and the U.S.’s role in upholding it.
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