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U.S. President Donald Trump has signed an executive order imposing stringent sanctions on the International Criminal Court (ICC). This action comes in direct response to the ICC’s recent arrest warrants issued against Israeli Prime Minister Benjamin Netanyahu and former Defense Minister Yoav Gallant for alleged war crimes in Gaza.

In November 2024, the ICC issued arrest warrants for Netanyahu and Gallant, accusing them of committing war crimes and crimes against humanity during Israel’s military operations in Gaza following the Hamas attacks in October 2023. The court said that Israeli officials employed “starvation as a method of warfare” and were responsible for the deaths of numerous Palestinian civilians, including children.

The ICC’s Pre-Trial Chamber I found reasonable grounds to believe that Netanyahu and Gallant bore criminal responsibility as co-perpetrators for committing acts jointly with others, including the war crime of starvation and crimes against humanity such as murder and persecution.

Details of sanctions

The executive order blocks all property and financial interests of individuals linked to the ICC’s investigations of U.S. or allied officials without their respective country’s consent. It imposes economic sanctions, including asset freezes and travel bans, on ICC officials and their families. The order prohibits financial assistance, goods, or services that benefit sanctioned individuals or entities.

Additionally, foreign nationals connected to the ICC may be denied entry into the U.S. if deemed detrimental to national interests. The U.S. Secretary of State, in consultation with the Secretary of Homeland Security, holds the authority to implement entry suspensions. The Secretary of the Treasury is tasked with identifying additional individuals subject to sanctions and must submit a report within 60 days.

The order also criminalizes any attempt to evade these sanctions, including conspiracies to bypass them. However, it does not restrict official U.S. government activities, ensuring compliance with existing legal frameworks. It also exempts transactions necessary for federal operations.

The Secretary of the Treasury is granted the authority to adopt regulations and take necessary actions under the International Emergency Economic Powers Act (IEEPA). Reports on the national emergency justifying these sanctions must be submitted to Congress.

The order explicitly states that it does not create any legal rights or benefits enforceable against the U.S. government. By taking these measures, the administration seeks to limit the ICC’s influence over U.S. and allied officials while reinforcing national sovereignty.

U.S.-ICC relations

This is not the first instance of the U.S. imposing sanctions on the ICC. In 2020, under President Trump’s administration, similar measures were enacted in response to the court’s investigations into alleged war crimes by U.S. forces in Afghanistan. Those sanctions were later lifted under President Joe Biden, who sought a more cooperative relationship with international institutions.

The recent sanctions mark a significant escalation in the U.S.’s opposition to the ICC’s jurisdiction over its citizens and allies. Both the U.S. and Israel are not parties to the Rome Statute, the treaty that established the ICC, and have consistently rejected the court’s authority over their nationals.

Legal experts warn that these sanctions could have far-reaching implications for international justice. By targeting ICC officials, the U.S. risks isolating itself from allies who support the court’s mission and undermining the global framework for accountability.

The international community remains divided over the U.S.’s latest actions. European nations, many of which are strong supporters of the ICC, have expressed dismay at the sanctions. The European Union emphasized the importance of the ICC’s role in upholding international law and called on the U.S. to reconsider its position.

In contrast, countries skeptical of the ICC’s jurisdiction have shown support for the U.S. stance. They argue that the court’s interventions often infringe upon national sovereignty and can be politically motivated.

ICC’s response

ICC condemned the issuance by the U.S. of an Executive Order seeking to impose sanctions on its officials and harm its independent and impartial judicial work. “The Court stands firmly by its personnel and pledges to continue providing justice and hope to millions of innocent victims of atrocities across the world, in all situations before it. We call on our 125 States Parties, civil society, and all nations of the world to stand united for justice and fundamental human rights,” ICC said in a statement.

Statement of #ICC President Judge Tomoko Akane following the issuance of US Executive Order seeking to impose sanctions on the Court ⤵️ https://t.co/bAihtbUX3z

— Int'l Criminal Court (@IntlCrimCourt) February 7, 2025

The latest action by President Trump escalates tensions between the U.S. and ICC, providing the U.S. government with broader powers to target ICC officials and those assisting the court’s operations. It also marks a notable shift in legislative priorities with the Republican-controlled House seeking swift retaliation against what they perceive as overreach by the international body.

The ICC, established in 2002 as a permanent tribunal to prosecute individuals for war crimes, genocide, and crimes against humanity, has faced criticism from several nations, including the U.S., Israel, and Russia, for its jurisdictional reach and decision-making processes. None of these countries are members of the ICC, limiting the court’s ability to enforce its decisions within their territories.