President Donald Trump’s executive order imposing sanctions on the International Criminal Court (ICC) may hinder the court’s ongoing trials and investigations. The order criticizes the ICC for actions against the U.S. and Israel, specifically citing the arrest warrant issued for Israeli Prime Minister Benjamin Netanyahu and his former defense minister, Yoav Gallant, for alleged war crimes in Gaza.
The ICC denounced the sanctions, affirming its commitment to justice for victims of atrocities worldwide.
What is the International Criminal Court?
Established in 2002, the ICC prosecutes the gravest international crimes: war crimes, crimes against humanity, genocide, and aggression. While the U.S. and Israel are not members, 125 other countries have ratified the Rome Statute, the court’s founding treaty. The ICC intervenes when national jurisdictions fail or refuse to prosecute such crimes. Ukraine recently joined the court in January.
The court has secured convictions against 11 individuals. Notable cases include the 2012 sentencing of Congolese warlord Thomas Lubanga for using child soldiers, and the 2019 conviction of Bosco Ntaganda (“The Terminator”) for atrocities in Congo. In 2021, Dominic Ongwen, a former child soldier turned rebel commander, was found guilty of war crimes and crimes against humanity in Uganda.
What will these sanctions do?
The full impact remains uncertain. Trump’s executive order uses emergency powers to authorize sanctions by the U.S. Treasury and State Departments. Potential targets include ICC Prosecutor Karim Khan, individuals involved in the Netanyahu investigation, and even the court itself, potentially crippling its operations.
During his previous term, Trump sanctioned former Prosecutor Fatou Bensouda and a deputy due to the Afghanistan investigation, which included alleged crimes by the Taliban, U.S. troops, and intelligence operatives. These sanctions prevented access to U.S. assets and barred entry to the U.S. President Biden rescinded these sanctions in 2021.
Why has the court issued an arrest warrant for Netanyahu?
In November, judges issued arrest warrants for Netanyahu, Gallant, and Hamas’ military chief for war crimes and crimes against humanity related to the Gaza conflict. The warrants allege that Netanyahu and Gallant used starvation as a method of warfare and intentionally targeted civilians. Israeli officials deny these accusations.
This marks the first time a leader of a major Western power has faced such accusations from a global court, making them internationally wanted and potentially further isolating them.
Do these sanctions jeopardize current trials?
The court currently has no trials underway for the first time since 2006. It has issued 33 unsealed arrest warrants for various individuals, including Vladimir Putin and Joseph Kony. Three verdicts are pending, and the trial of Ali Mohammed Ali Abdul Rahman Ali concluded last year. A recent attempt to apprehend Libyan warlord Ossama Anjiem in Italy was unsuccessful.